National Republican., 1877-08-14
SECRECY or LETTERS OF RECON-.
MENDI TIOy

UnIhvorable comment has been made
upon the course Of the President IN adopt
ing the opinion OF Attorney General DE-
VEINS for his guidance in the matter of the
application Of the San Francisco Chronicle
for copies Of certain letters oi icoommenda-
hon on file in the departments Ia this city.
We think that such Eiult-inding Is entirely
uncalled ioi, and exhibits ignorance oil the
neal merits OF the question.
The Constitution provides that The Presi-
dent may require the opinion tn whiting of
the principal officers IN each of tile Ex ecu
tive Departments upon any subject relating
TO the duties Of then respective Offices.
While this provision does 20 admit any
divided responsibility IL nevertheie ss iusti-
He's the President in paying II very high
regard 10 the opinions OF the men who are
thus recognized NJ his constitutional sd.
rise,s. The duty Of giving advice under
the provisions OF tho Constitution above
named imposes upon The membes Of the
Cabiaet very grave responsibilities even
though they are not like British Ministers,
responsible to Parliament Tor the udvhs
they may give Tho theory of ministerial
responsibility was, no doubt IN the minds
Of the liamers oi our Constitution, but could
be cuiricd no further on Uruont of the rS.
tensiye powers with which the Executive Is
invested.
The opinions Of man her, Of the Cab,net
having thus sUemn feGSyuitinn IN the Con
stitution, the President is Justified IN paying
. veiy high respect 10 them. though. ui
course, he Is not absolutely bound by them.
The wisdom Oi giving these opinions sntii q
high character Is very obvious II cannot
be expected that the President will be able
70 personally investigate the inultifanous
subjects which necessarily engage his atten-
ton. II is very proper therefore, that all
important subjects should bc referred to the
proper Cabinet officers for investigation, and
that the result OF such Investigations should
be given IN the form of written opinions
While the British sovereign is absolutely
hound by such opinions, the President OF
the United STAGES Is not under any obliga-
tions TO follow them, nor 10 Use them ex-
erpt az aids ~ arriving at all independent
dccis:on Of his own
The opinions of the Attorney General
stand upon somewhat higher grounds H..
Is not only n member Of the Cabinet. bnt Is
that member wh0 Is charged with the duty
Of giving official interpretations of the Con-
stitution aud the laws passed IN Pursuance
thereof The office has fortunately, very
generally been illed by men of great cmi-
hence IN the legal profession. From the
very nature, therefore, OF the matters which
are the subjects Of reference to the Attorney
General 1t follows that the opinI0nS Of that
officer musi always have very great weight
with the President aod hence they have
with very few exceptions been followed by
our Chief Magistrates from the foundation
Of the Government down 10 the present
time
The question presented by the spp'ica-
sion Of the Sau Francisco CLrosiei for copies
Of the recommendations upon which GER
tain officers were appointed in Caliior mia
wS purely legal one. The right OF that
paper 10 be furnished with those documents
Was denied and the question then became
. simple inquiry into the law governing
the case. Attorney G-ncial DEvENs
whose learning and ability as a lawyer
SIR Of the highest order, rendered an
epinion adv, rae to the right of the Sar
francisco Chronicle TO be furnished with tht
copies Of the letters demanded. According
70 all precedents the President was justille,
tn acting in accordance with the opinion o.
the Attorney General.
II was OF course, proper that the lega
rigns Of persons should he respected who
hal filed papers with the officers of tia
several Departments Of the Government
with th. understanding that they ware con
fdential. As to all future application snt
recommendation all trouble can he avoided
bv receiving them with the express under
standing that they are not to b- regarded
as confidential. As this Is h"r-aft-r As we
understand IL, to lie the r,ta Of tho Gov
eminent, no great public incua venienc- cau
result from the rule laid down by the At
torney General.