The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1886-03-11
PRESIDENT AND SENATg.
NaE asspE RETwEEN THE Twa IA
Now wsouARELY JOINED.


The Presidents message to the Sem
ate in regard to its demands for papers
was received when the Senate was in
secret session. When it was laid be.
fore the body Senator Harris proposed
that it be read with closed doors.
Senators Kenna and Van Wyck pro.
tested against this proceeding and de-
manded that the doors be opened.
After brief debate Senator Harris
withdrew his proposition, and when
the doors were opened, the message
was read. The following is its full
text:
To the Senate Of the United States:
Ever since the beginning of the
present session of the Senate the diff
1erent heads of departments attached
to the executive branch Of the govern
ment have been piled with various
requests and demands from the COM
mittees Of the Senate, from members
of such committees, and at last from |
the Senate itself, requiring the trans,
mission of the reasons for the suspen- |
sion Of certain officials during the
recess of that body; or for the papers
touching the conduct Of such officials
or for all papers and documents relat-
ing to euch SUSPENSIONS; or for all
documents and papers filed in such
departments in relation to the manage
mcnt and conduct of the Offices held
by such suspended officials. The diff
tcront terms from time TO time adopted
IL: making these requests, and the de-
nands or the order in which they sue
cecdcd each other, and The fact that
when made by the Senate, the rcso!u-
ton for that purpose was passed in
executive session, have led to a pre-
sumption the correctness of which
will, l suppose, be candidly admitted,
that from the first to the last the in
formation thus sought and the papers
thus demanded were desired for Use
by the Senate and its committees in
considering the propriety Of the sus-
pensions referred to. Though these
suspensions are my executive acts,
based upon considerations addressed
10 me alouc, and for which | am who'll
~ responsible, | have had no invita-
ton from the Senate to state the posi-
ton which / have felt constrained to
assume in relation to the same or to
interpret for myself my acts and mo-
tives in the premises. In this Coudi-
ton of affairs | have forcbOrne adj
dressing the Senate upon the subject
lest L might be accused Of thrustiu9
myself unbidden upon the attention OF
that body; but the report of the Com
mittee on the Judiciary of the Senate,
lately presented and published, which
censures the Acknowledgement of the
United States for his refusal to trans.
init certain papers relating to suspen
slons from office, and WiIi; Ii also, if |
correctly interpret ii, cvinccs mis-
apprehension of the position of the
Executive upon the question Of such
suspension, will / hope Justify this
communication. This report is pred
icated upon a resolution of the Senate
directed to the Attorney General, aud
his reply to the samc resolution was
with The con nsideration of nominations
for office. 1t required the Attorney
General "to transmit to the Senate
copies of all documents and papers
that have been flied in the Dcbartment
OF Justice since the lst day of Janu.
arv, 1885, in relation to the manage
ment and conduct of the office of Dis
trict Attorney Of the United States for
the Southern District of Alabama. ,"
The incumbent of this office, on the
1st day of January, 1885, and until
the 18th day Of July ensuing, was
George M. Dustin, who on the day
last mentioned was suspended by cx-
ecutivc order and Johu ID. Burnett
was designated to perform the duties
of said office. At the time of the
passage OF the resolution above re-
ferred to the Nomination of Burnett
for said office was pending before the
Senate, and all papers relating to said
nomination were before that body for
its inspection and information. In
reply to This resolution, the Attorney
General, after referring to the fact that
the papers relating to the nomination
OF Burnett had already been sent to
the Senate, stated that he was directed
by the President to say that the papers
and documents which were mentioned
III said resolution, and still remaining
In the custody of this Department,
having exclusive reference to the sus-
pension by the President of George NJ.
Dustin, the late incumbent Of the
office of District Attorney for the
Southern District of Alabama, it is
not considered that the public inter.
ests will br promoted by compliance
with said resolution and the transmits
sion of the papers and documents
therein mentioned to the Senate in
executive session.
swer thereto the issue is thus stated by
the Committee on the judiciary, at the
outset of the report: "rhe important
question, then, is whether it is within
the constitutional competence Of either
House of Congress to have access to
the official papers and documents in
the various public offices of the United
States, created oy the laws enacted by |
themselves"
l. do not suppose that the public
otficerS of the United States are regu-
lated or controlled In their relations to
either House of Congress by the fact
that they were "cIeated bv the law
enacted by themselves" 1t must be
tnat these instrumemtaitics were cre-
ated for the benefit Of the people and
10 answer the general purposes of the
government under the Constitution
ana laws, and that they are unencum.