Correspondence Between C. Girard Davidson and Seth Richardson

Millawson Mahlard filed OFFICE OF Don A ASSISTANT SECRETARY UNITED 252-71 DEPARTMENT OF THE INTERIOR This was a reply WASHINGTON 25, D.C. J was thinking AMOUNTS - of didn't sending I but RECORDS SERVICE I havent achnorable Dear Mr. Richardson: Jan letter While I am fully in accord with the suggestion in your earlier letter that further correspondence between us will serve no useful purpose, I feel I must correct the impression you seem to have gained that my proposals relating to procedures under Executive Order 9835 are designed to nullify the President's Order by indirection. This is not the case. My suggestions were advanced, not to fritter away Administration policies, but in a good faith effort more fully to implement_the Administration policy in favor of "equal protection /of loyal employees/ from unfounded accusations of disloyalty." It is true that I do not construe loyalty to the President to foreclose the responsibility of members of the Executive Branch to consider and recon- sider an executive order in the light of experience gained in its administra- tion. I "admit issues" as to the wisdom of all orders, all decisions, all legislation. Indeed, I do not see how a democracy can function on any other basis. The Constitution can be amended; legislation can be repealed; minority opinions become majority holdings; you may recall that even God "fulfills Himself in many ways Lest one good custom should corrupt the world." Executive orders are not sancrosanct, and I assure you that if I should ever be convinced that the loyalty program is not 8. wise means of preventing sub- versive infiltration of our Government, I will not hesitate to recommend to the President or his advisers, through appropriate channels, that Executive Order 9835 be revoked. The clear import of your letter that you consider me disloyal to the President because I have questioned some of the provisions of the Order, prompts me to add that you should be the last person to assert that you admit no issue as to the wisdom of Executive Order 9835. As Chairman of the Loyalty Review Board, and the one charged with the responsibility of ad- ministering the Order, you are under an affirmative duty to consider the wis- dom of the program as a whole, and of its administrative details, and to ad- vise the President of any inequities or failures of the present Order. I, and all other policy-making officials of the Executive Branch, have a similar obligation, but yours is the primary responsibility. But the issue between us is not the wisdom of the President's Order. Our basic difference, as I see it, is one of semantics. We disagree as to the significance of "derogatory information." Your unstated major premise is that whatever information the FBI classifies as "derogatory" is in fact and forever derogatory, and you conclude therefore that "some misgivings" (to quote your letter of November 2) may properly be entertained in respect of employees who have been cleared under the rigorous standard prescribed by the President. x10-B