Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1886-03-11
Affairs pf the Mation.
CLEVELAND SPEAKS !
THE PRESIDENT TAKES THE SENATE BY
SURPRISE.


A Fearless and Explicit Statement of his
Position on the Subject of Removal from
Ofice---It is his Executive Privilege, with
which the Senate has no COncern---He is
Neither to be CajOled, Bribed or Bullied.
The President sent message to the Sen
ate on the 1st instant in regard to its de-
mands for papers, which was received
when the Senate was in secret session.
When it was laid before the body Senator
Harris proposed that it be read with closed
doors: Senators Kenna and Van Wyck
protested sharply against this procedure
and demanded that the doors be opened.
After brief debate Senator Harris with
drew 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 different heads of
departments attached to the Executive
branch of the Government have been Piled
with various requests and demands from
committees of the Senate, from members of
such committees, and at last from the Sen
ate itself, requiring the transmission OF rea-
sons for the suspension of certain officials
during the recess of that body, or for papers
touching the conduct Of such officials, or
for all papers and documents relating to
such SUSPENSIONS, or for all documents and
papers filed in such departments in rela-
ton to the management and conduct of the
offices held by such suspended officials.
The different terms from time to time
adopted in making these requests and de-
mands, the order in which they succeed
ed each other, and the fact that when made
by the Senate a resolution for that purpose
was passed in executive session, have led
to the presumption, the correctness OF wnlch M
will, suppose, be candidly admitted, that
from first to last the information thus
sought and the papers thus demanded were
desired for use by the Senate and its COM
mittees in considering the pr0priety of the
suspensions referred to, though these sus-
pensions are my executive acts based
upon consideration addressed to me alone,
and for which / am wholly responsible, l
have had no invitation from the Senate to
state the position which [ have felt con-
strained to assume in relation to the same or
to interpret for myself my acts and motives
in the premises.
In this condition of affairs I have for
borne addressing the Senate upon the SUBJ
iect lest 1 might be accused of thrusting my
self unbidden upon the attention of that
| body. But the report of the committee on
the Judiciary of the Senate lately presented
and published, which censures the Attorney
General of the United States for his refusal
to transmit certain papers relating to sus-
pension from office, and which also, if cor
rectly interpret it, evinces misapprehen-
sion of the position of the Executive upon
the question of such suspensions, will, L
hope, justify this communication. This is
predicated upon the resolution of the Senate,
directed to the Attorney General, and ms
reply to the same. This resolution was
without consideration of nominations for
office. 1t required the Attorney General
Ito transmit to the Senate copies of all doc
uments and papers that have been filed in
the department of justice since the first day
of January, 1885, in relation to the manage
ment and conduct of the Office of the Dis
trict Attorney of the United States of the
Southern District of Alabama"
The incumbent of this office on the 1st
day of January, 1885, and until the l1th
day Of July ensuing, was Geo. M. Dustin,
who, on the day mentioned, was suspended
designated to perform the duties of said Of
fee. At the time of the passage of the res
oution above referred to, the nomination of
Burnett for said Office was pending before the
Senate, and all the papers relating to said
nomination were before the body for its in
spection and information.
In reply to this resolution, the Attorney
General, after referring to the fact that the
papers relating to the nomination of Bur-
nett had already been sent to the Senate,
stated that he was directed by the Presi-
dent to say that the papers and documents
which were mentioned in said resolution,
and still remaining in the custody of this de-
partment, having exclusive reference to
| +boe hx,rb bn praci1ont GpOrOl
NJ. Dustin, late incumbent of the office OF
the District Attorney for the Southern
district of Alabama. 1t is not considered
that the public interests will be prOmOt-
ed by compliance with said resolution and
the transmission of the papers and docu-
ments therein mentioned to the Senate in
executive session.
Upon this resolution and answer there
to the issue is thus stated by the committee
on the judiciary at the outset of its report:
'"The important question, then, is whether
it is within the constitutional competence
of either house of Congress to have access
to official papers and documents in the va
rious public offices of the United States
created by laws enated by themselves"
| do not suppose that "public officers of
the United States" are regulated or con.
troled in their relations to either house
of Congress by the fact that they were ''cre-
ated by laws enacted by themselves" 1t
must be that these instrumentalities were
created for the benefit of the people and to
answer the general purposes OF the Govern
ment under the Constitution and laws, and
that they are unincumbered by any lien
in favor of either branch of Congress grow
ing out of their construction, and unembar-
rassed by any obligation to the Senate as
the price of their creation.
| 10 1oi Of hn that o.
cess of official papers in public offices is de-
MED the Senate is met by the statement that
at no time has it been the disposition or in
tention of the President, or any department
of the executive branch of the Government,
to withhold from the Senate official docu-
ments or papers filed in any of the public
offices. While it is by no means conceded
that the Senate has right in any case to re-
view the act of the Executive in removing
or suspending public officer upon official
documents or otherwise it is considered that
documents and papers of that nature should,
because they are official, be freely transmit
ted to the Senate upon its demand, trusting
the use OF the same for proper and legitimate
purposes to the good faith of that body,
though no such paper or document has been
specifically demanded in any OF, the numer-
| Gus requests and demands made upon the
department, yet as often as they were found
in public offices they have been furnished,
in answer to such application.
The letter of the attorney general In re-
sponse to a resolution of the Senate in the
particular case mentioned in the commits
sioner's report, was written at my sugges-
tion and by my direction. There had been
no official papers or documents filed in his
department relating to the case within the
period specified in the resolution. This
| 1oI &c ri,fi Of hn