Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-03-05

that these instruments were created
for the benefit of the people, and to
answer the general rurl os-s of the
Government under the constitution
and the laws, and that they are un-
incumbered by any lien in favor of
either branch Of ConSre. growing
out of the constitution. AMI uneu
barrassed by any obligt ion to the
Senate as the price OF their creation.
The complaint OF the committee
bat access t. officla! papers III pub
lie offices Is denied the Senate is
met 10y the statement tn 1t at no irue
has it been the disposition nr inteu-
tlun of the President or anr depart
ment of the Execn'Iv- b.ancil OF the
Government 10 wIJnnoid from tho
Senate The Official ducumtu \ or pa
pers filed il any Of the pubic Offices
While 1t is by no means conceded
that the Senate has right in any
c.. 80 to review an act of the Exacu-
tive in removing or suspendlns pub
lie officers upon official documents
or otherwise, it is considered thai
documents and papers OF that nature
-aould, because they are Official, be
freely transmitted to the s nate up.
on It's demand, trusting the use of
the same for proper AMI legitimate
purposes to the good faith Of that
body; and though no such papers or
documents have been specifically do
manded in any of the numerous re-
quests and demands mnde ulon the
departments, Yet az oi Ell rs they
We're found in public offices, the.
have been furnished in answer to
such applications.
The letter of the Attorney General
in response to the resolutions of the
Senate in the particular case men
toned in the committees report,
was written at my suggestion and by
NV dictation. There had been no
official papers and documents filed
in his department relating to the case
within the period specified in the re-
solution. The letter was intended
by it's description of the papers and
documents remaining in the custody
of The Department to convoy the idea
that they weie not official, and 1t
was assumed that the resolution call
ed for Information, papers and doc
uments of the same character as wero
required by the requests and de-
manIs which preceded it. 1t will
not be denied, suppose, that the
President may suspend public
officer in the entire absence Of any
paLers or documents to aid bis
official judgment and discretion.
and 1 am quite prepared to avow
that cases are not few in which sus-
pensions from office have depended
more on oral representations made
to me by citizens of known good re-
pute and by members of the House
of Representatives and Senators of
the United States, than upon any
letters and documents presented for
my examination. l have not felt
justified in suspec,ing the yeracity
ard patriotism Of Senators. nor in
ignoring their representations, be
cause they were not in party affilia-
ton with the majority of their asso-
ciates, and recall few suspensions
which bear the approval of individ-
ual members identified politically
with the majority in the Senate.
While, therefore, l am constrained
to deny the right of the Senate to
the papers and documents described,
SO far as right to the same is based
upon the claim that they arr in any
view of the subject official, 1 am also
led unequivocal!y to dispute the
right of the Senate, by aid of any
documents whatever, or in any way
save through the judicial process of
trial on impeachment, to review or
revise an act of the Executive in the
suspension during a recess of the
Senate of Federal officials. l believe
that the power to remove or suspend
such officials is vested in the Presi-
dent alone by the constitution, which
in express terms provides that " the
executive power shall be vested in q
President of the United States of
America" and that "he shall take
care that the laws be faithfully exc.
cuted." The Senate belongs to the
legislative branch of the Government
When the constitution by express
provision superadded to it's legisla-
tive duties the right to advise and
consent to appointments OF Office,
and to sit as court of impeachment,
it conferred upon that body oil the
control and regulation of executive
action supposed to be necessary for
the safety of this people: and this cx-
press and special grant of such ex-
traordinary powers, not in any way
related to or growing out of general
Senatorial duty. and in itself de-
parture from the general plan of our
Government. should be held under a
familiar maxim of construction to
exclude every other right OF inter-
ference with the executive functions.
In the first Congress which assem-
bled after the adoption of the con-
stitution, comprising many who aided
in its preparation, legislative con-
structicn was given to that instru-
ment, in which the independence of
the Executive in the matter of re-
moval from Office was fully sustained.
I think it will be found that in
subsequent discussions of this ques-
ton there was generally, if not at all
times. proposition pending to in
some way curtail this power of the
President by legislation, which fur
nishes evidence that to limit such
power it was supposed to be neces-
sary to supplement the Constitution
by such legislation. The first en-
actment of this description was
passed under q stress of partisan
ship and political bitterness, which
eliminated in the Presidents i'm
peachment, This law provided that