Savannah morning news. [volume] (Savannah) 1868-1887, 1886-02-07
AN INTERESTING PREoEDENr.
How the Great Whig President Answer
ed an Inquiry.
From ths Bar more sun.

from tAe hdttff more SUM
WASHINGTON, Feb. l.--HOn. Alex. Fl.
Fl. Stuart, who is one OF the last of the
band OF American statesmen now living
whom the old line Wings delighted to hon
or and to look up to as leaders, and who
was regarded as an expouuder of the con-
stitution and the laws, wrote, when
member OF the cabinet of Mr.. Fillmore,
letter ON the subject of furnishing nior'
nation concerning appointments to ONCE,
wnicn Is interesting TO reproduce at this
time. The letter is as follows:
DEPARTMENT OF THE INTERIoR,l
WASHINGTON, Nov. 20, 1867.
W. d. WGttdch:
SIR have reflected upon the subject of
your communication of Yesterday and
have come to the conclusion that il would
not be proper to permit the letters recon-
mending any candidate for office to be in-
spected. They should, in my opinion, be
regarded as confidential. They are writ
ten for the purpose OF enlightening the
Judgment of the appointing power In re-
gard TO the merits OF the person proposed
tor office, and | can see no more reason
for calling on the head of a department to
show what written testimonials were be-
fore him than to require him to state what
oral communications We're made 10 him
on the subject. Moreover, 1t would be
impossible 10 ascertain what weight
should be attribute To those testimun-
ais, or how far they influenced the judg-
ment of the Secretary. premise it would
be entirely competent for him II he
thought proper to return all such letters
10 the applicant or destroy them. II for
nis own purposes be thinks il best to
leave them IN the department, | cannot
regard that fact as investing them with
the character OF public records, open to
the inspection of those who may feel sui
ticient interest in the subject TO desire To
examine them. AS the appointment in
the particular case to which you refer
was made under former administration,
feel particularly reluctant to depart
from what l regard 70 be the safe rule OF
treating all communications as OF a con-
iidential character. have not looked IN
to them myself, nor do know the nature
OF them, nor by whom they were gwen,
and therefore my refusal to permit
them to be examined rests upon
general principle, and has no reference
TO tine circumstances OF this particular
case.
''lf be In error in this opinion, 1t will
be easy to test it judcIally by applying to
the court for a subpoena duces tecum 10
the chief clerk OF the department. | Will
cheerfully yield obedience to any order OF
the court. Very respectfully, your ODE
dent servant,
ALEX. Ii. II. STUART, Secretary"
Some OF the Republican Senators who
were spoken to abOutthis letter to-day said
IL was addressed to private citizen, a. d
therefore they did not attach any particu-
lar Importance 10 1t. Senator Beck, how
ever, who telegrapned 10 Mr.. Stuart for
perm ssiOn to publish the letter, said IL
laid down great principle, and the point
that it was address 10 a private citizen
was not material. The letter was shown
to Senator Edmunds, who, as heretofore
remarked, is mainly responsible for the
present attitude OF the Republican Sena-
tors, and he with n shrug said 1t had no
application to the present situation. q.
course Mr.. Edmunds could not be expect
ed to say anything else. IL is understood
that Mr.. Edmunds is laboriously prepsr-
ing himself for a great speech on this sub
iect, and is searching for GU stom and pre-
cedents from the foundation of the gov
eminent down. In the informal discus
siOns among Republican Senators a num-
Der of instances during the war where act
only the Senate but tue House success
fully OVERRIDE the executive departments
have been adduced. but then inter Qrnlo
silent le0eS was the rule, and the prece-
nents set in that period cannot be accept
ed at this day.