The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-13
THE FORTY-NINTH CONGRESS
Continuation of the Debate on the Rights
of the Senate and Executive.
Mr.. Kenna Defends the Action Of the Presi-
dent and Endeayers to Show that the
Republicans Are in the Wrong.

wAsHISaros, March l2.-On motion Of Mr..
Plumb, the Senate resumed consideration Of the
bill to forfeit part of the lands granted to the
State Of Iowa In aid of railroads.
Mr.. Plumb opposed the amendment heretofore
offered by Mr. Spooner, withholding from the
operation of the act certain lands, as to which a
suit is now pending IN the United States Su-
prerne Court. The bill itself, Mr. Plumb said,
provided perfectly impartial tribunal for the
settlement OF the rights Of all claimants. The
bill was bill for peace. He feared the amend
ment might prove to be a Trojan horse.
After debate, Mr.. Spooners amendment
was agreed to-yeas, 80; nays, band the bill
then passed
The Chair then placed before the Senate the
resolutions reported from the judiciary commit
tee on the relations between the President and
the Senate as to the right Of the Senate TO have
papers and information relating to suspensions
from office, and Mr. Kenna took the floor. He
contended that the Senate was not entitled to
call for and receive such documents and papers
as came within the definition of public and
official papers as lai1 down by the Senator from
Vermont, and said "If paper were addressed
to the President pro tempore in his official
capacity, that fact alone, according to the Sem
ator from Vermont, made 1t an official paper, to
which every department official Of this great
government was entitled. It might come from
Potawatomie Indian, in his native dialect, in
volying In remote contingency the Senate. anc
yet, according to the definition, 1t was an oh1cial
paper. The Senator from Vermont had pro-
ceeded to demonstrate, assuming his theories to
be correct, that the Senate had right to go into
svery department. Of the government,
70 the White House, the Treasury,
the War and the State Departments.
whether acting in executive or open session,
ransacking the archives Of various departments.
and wringing from them papers coming within
the definition he had read and yet very mock
cry of this situation seemed, by some providen-
hal interposition to expedite itself within mo-
ment after be had concluded. No sooner had
The honorable Senator taken his seat than, AS is
customary in the Senate, some Senator moved
that the Senate proceed to the consideration OF
executive business and the bells which were ar
ranged for the convenience of members OF the
Senate. began to tinkle throughout the Capitol
body OF gentlemen composing part or the
coordinate branch Of the government having
listened to the arguement which undertook to
say that all mankind should have no secrets
from the Senate, was admonished by that ring
ing of bells that the time had come that the SEN
ate would put on its robes Of royal purple. Five
Thousand brave men and fair women were ex-
and the sentinels stood at their posts and
as fitting testimony, at the conclusion of the
speech of the Senator from Vermont the Senate
was resolved into its ancient secrecy, and as the
files marched out and the officers assumed their
posts as guards of the sacred privileges of the
Senate, the thought came, how abuudantly prac
tees may engraft themselves upon tho human
composition, and how little reflection, perhaps,
members Of the Senate had given to the fact
that for hundred years or more the body had
been the star chamber Of the American Repub-
lie. Why, the Senator from Vermont would
deny privacy or confidence to every paper in ev-
cry department Of the government Let it be
seen where that led Suppose some vile man
should address the presiding officer Of the Sem
ate or should have done So some weeks ago,
letter in which he stated that the President pro
tenn. was behind the times; that the Senator from
Vermont was moving in advance in this matter
that it was popular issue among the people,
promising to retain large number Of Republic
ans in responsible and lucrative positions, and
should say:
''Do not allow him to take the advance look
10 the approaching national convention in 1883
Look to your laurels; take the floor yourself"
"Rut the question is not up."
stake the floor yourself.
'But the Senator from Vermont has not yet
prepared his report"
flake the floor yourself This you must do"
But there is nothing pending in the Senate
on which to take the floor unless 1t be the silver
resolution of the Senator from Louisiana"
s"Take it, notwithstanding"
Suppose some vile man, and he would be vile
enough to write such a letter, should have ad-
dressed communication OF that character to
the Presidentpro tempore in his official capacity.
That paper, according to the definition, would
be a paper TO which the Senate aud the House of
Representatives and the whole government
would be entitled. Suppose some other vile man
should have addressed letter to the presiding
officer of this body, in which he declared that
the President Of the United States, in his civil
men were to be removed only for cause,
and that the Senator who took the initiative in
forming and maturing the issue with the execu-
tive which should have the practical effect Of
enabling the Republican majority on the floor of
the Senate to stand between those who held
ofice-having got it under former administr g.
tions-and those who aspire to hold Office under
this administration, would advance himself with
that vast array of political Implements that
letter, too, would be an official paper under the
definition laid down by the Senator from Yer
mont Mr.. Kenna went on to controvert the
argument Of Mr.. Edmunds, point by point, cit
ing precedents and circumstances to sustain his
views Of course, Mr.. Kenna said, no man de-
MED the right of the Senate to call the Presi-
dent for private papers-even a private letter in
his pocket-but no rational man would deny the
President the equal right to decline to send it,
il he chose TO do so. Mr. kenna would say,
however, that communications had been made
over and over again during this session to the
Senate by the present executive department,
touching matters involved in this controversy.
The Senator from Kentucky Mr. Beck,
and from Indiana Mr.. Voorhees, knew
Of cases from their, States, aud Mr.. Kenna
knew of case from his own State as to which
calls had been made by the Senate touching the
conduct of offices before the present incumbents
assumed their functions and the papers were
sent to the Senate as the executive had right
to send ther. on request; but that fact had moth
ing TO do with the settlement of the issue before
the Senate It had no more to do with this issue
than had tho offer of the man who stole the pig
TO produce the men who had not seen him steal
It. The precedents which went to establish the
constitutional prerogatives were those IN which
Presidents had denied the right OF the Senate to
receive such papers. Mr.. Kenna quoted from a
Representatives. dated May T. 1876, declining to
furnish certain information which, he said, re-
lated exclusively to the executive function. He