The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1886-03-11
He Claims That They Are Confidential,
aud Says He Has Redeemed All
Pledges.
THE MESSAGE.


succeeded each other. and the fact that when
made by the senate the resolution for that pur-
pose was passed IN executive session, have led
to presumption, the correctness OF which 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 committees in considering the
propriety of the suspensions referred to- Though
these suspensions are my executive acts
wholly responsible. I have had no invitation
from the senate to state the position which
have felt constrained to assume in relation to
the same. or to interpret for myself my acts and
motives in the premises. In this condition OF
affairs have foreborne addressing the senate on
the subject. lest might be accused OF thrust
ing myself unbldden upon the attention OF that
body. But the report Of the COM
mittee of the judi ,iary of the seuate, lately
presented and published, which censures the at
torney general of the United States for his re-
fusal to transmit certain papers relating to a
suspension from office, and which also. II cor
rectly interpret 1t. evinces q misapprehensiOn OF
the position of the executive upon the question
Of such suspensions, will, / hope justify this
communication.
THE CASE OF DUSTIN.
The president refers to the resolution of
the senate calling for the Dustin papers and
the reply of the attorney general thereto,
and says:
Upon this resolution and the answer thereto
the issue is thus stated by the committee on
judiciary at Gne OuCSeC OF the report. ne 1u-
portant 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 by laws enacted by
themselves" do not suppose that the public
offices of the United States regulated or con-
trolled in their relations to either house of Con-
gress by the fact thst they were created by
laws enacted by themselves" 1t must be that
these instrumentaIiti<s were created for the
benefit of the people, and to answer the general
purposes of government under the constitution
and the laws. and that they are unencumbered
by any lien in favor of either branch of congress
growing out of their construction, and unem-
barrassed by any obligation to the senate as the
committee that access to official papers in the
public Office is denied the senate, Is met by the
statement that at no time has it been the dis
position or the intention of the president or any
officer in any department OF the executive
branch Of the government to withhold from the
senate official documents or papers filed in any
of the public offices. While 1t is by no means
conceded that the senate has the right in any
case to review the act of the executive in re-
moving or suspending public officer upon off,
cial documents or otherwise, it is considered
that documents and papers of that nature
should because they are official. be freely trans
mitted to the senate upon its demand. trusting
the use OF the same for proper and legitimate
purposes to the good faith Of that body; and
though no such papers or documents have been
specifically demanded in any of the numerous
requests and demands made upon the depart
public offices they have beer furnished in an
swer to such applications. Ihe letter OF the
attorney general in response to the resolution OF
the senate in the particular case mentioned In
the commit ee's report was written at my sug-
gestion 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 reso-
luton. The letter was intended. by its descrip-
tion of the papers and documents remaining in
the custody of the departments, to convey the
l1oot hat not nffio oia or1A
sumed that the resolution called for information,
papers and documents OF the same character as
were required by the requests and demands which
preceded It, Everything that had been written
or done in behalf Of the senate from
the beginning pointed to letter and papers of a
private and unofficial nature as the objecrs of
search, Ii they were to be found In the depart-
ments, and provided they had been presented TO
the executive with view to their consideration
upon the question OF suspension from office.
Against the transmission OF such papers and
documents I have interposed my advice and
direction. This has not been done. as is sug-
gested in the committees report, upon the as.
sumption on my part that the attorney general
or any other head OF department is the servant
Of the president. and Is to give or withhold
copies Of documents in his office according to
the will Of the executive and not otherwise,
withheld and addressed to me, or intended
for my use and action, purely unofficial
and private. Not infreQuently confidential.
az dny nine Consider
no proper sense as upon the files of the depart-
ment. but as deposited there for my colven-
ience. remaining still completely under my CON-
troll suppose II desire to take them into
my custody might do so with entire propriety,
and IL saw f1t to destroy them no one could
complain. The papers and documents that are
sist of letters Of representations addressed to
the executive or intended for his inspection.
They are voluntarily written and presented by
pated % thereto % BY any ofciai Invitation or at all
subject to Official control While somc Of them
are entitled to executive consideration. many of
them are 50 OF in the light OF other
NOT BEEN GIVEN THE LEAST WEIGHT
in determining the question to which they are
supposed to relate. Are these, simply because
they are preserved, to be considered official
senate. If not. who is to determine which be-
long to this class? Are the motives and pur-
poses of the senate as they are day by day de-
veloped such az would @ + be satisfied with m my
OF being charged with suspension Of officers
upon evidence which was not even considered?
Are these papers to be regarded official because
they have not only been presented but pre-
served in the public offices? The nature and
character remain the same. whether they are
kept in the executive mat sion or deposited In
power Of transmutation IN departmental ous-
tody, nor is there magic in the underlined
aud sacred solemnity Of department files.
II tue pTeS6uCc OI tuoSo p6pCIb III tuc VuHll1
offices fs a stumbling block in the way Of the
performance Of senatorial duty, 1t can be easily
removed. The papers and documents which
have been described derive no official character
from any constitutional, statutory or other re.
Quirement making them necessary to the per.
formance of the official duty Of the executive.
It will not be denied. suppose, that the presi-
dent may suspend public officer in the entire
absence Of any papers or documents to
aid his official judgment and discretion,
and am quite prepared to avow that the
u{<rSSu
office have depended more upon oral representa-
tions made to me by citizens OF known good
yepute and by members Of the house Of repre-
sentatives and senators of the United States
than upon any letters and documents presented
for nv examination. ] have not felt justified in
suspectfng the veracity, integrity and patriot
ism OF the senators or ignoring their representa-
with the majority OF their associates; and re-
call few suspensions which bear the approval
Of individual members identified politically with
the majority In the senate, While, therefore,
am constrained to
DENY THE RIGHT OF THE SENATE
to the papers and documents described. 70 far
- the right to the same Is based upon the claim
that they are In any view OF the subject official,
Of the senate. by the aid Of any documents what
ever, or In any way save through the judicial
process Of trial or Impeachment, to review or re-
during the recess OF the senate Of federal Of
fcials. believe the power to remove or sus-
pend such ofiicals e vested IN the president
1 sns n
be vested in the president Of the United States Of
America and that he shall take care that
the laws be faithfully executed, The
Of the government. When the constitution by
express provision superadded to its legislative
duties the right TO advise and consent to- ap-
peachment. it conferred upon that body all the
control and regulation Of executive actions sup