St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

| - NSaO Oh DtuuiI OF The sonata froT
the oeglnning pointed To a letter and paneT
OF private and unofficial nature as the of
ySo's Vi search, II they were TO be found 4
Z Tue departments, and provided they had bee
u presehtea TO the executive with a view 4
nans,o,, siuerauon ssHon upon the question OF sus
ponslon from office. Against the transmits
sion vi such papers and documents have
INTERPoSED NY ADVICE
ana direction. This has not been done ne 4
SusRested IN the committees report upon th,
sSsi m ptIon on my part that the attorney gen
S'a or any other head OF a department ~,
tne servant of the president and is TO give OF
. "ltnhoio copies of documents in his Office nc
\ oorulhg 10 the will OF the executive and moi
otuer"lse' ana because / regard the papers
ahd documents withheld and addressed 10 me
or intended for my use and action nnralv m.
= o'nclai ana private. not infrequently conf.
uehtlal ana having reference To the perform
ance or duty exclusively mine. consider
them IN no proper sense as upon the files of
tue department but as deposited there for NV
convenience, remaining still comDletelv under
my control. L suppose il desired 10 take
them into my custody might do so with en-
ure proprety.and IL saw tit TO destroy them
no one could complain, The papers and docu-
hents that are now the objects OF the seuate's
questions consist of letters of representatives
auuresseu To the executive OF intended tor
his inspection. They are voluntarily written
and presented by private citizens who are NOT
IN the least instigated thereto by any official
control. While some of them are entitled 70
| executive consideration, many of them are
so irrelevant, or, in the light of other facts
SO worthless, that they have not been given
THE LEAST WEIGHT
| In determining the question to which they are
| supposed TO relate. Are these. simply because
| IheY are preserved, To be considered official
| documents and subject to the iuspection of
| the senate? If not, who is TO determine
Whicn belong TO this class? Are the motives
ana purposes OF the senate. as they are tay
by day developed, such Us would be satisfied
win my selection! Am to submit 10 these
at the risk of being charged with suspension
OF oihcers upon evidence which was not even |
cotslderedg Are these papers TO be regarded |
olnclal because they have not only been pre- 1
sented but preserved in the public offces2 |
Inc nature aud character remain the same |
whether they are kept in the executive man
sion or deposited in the departments. There
Is no mysterious power in department ems
tody, nor is there magic in the underlined and
sacred solemnity of department. files II the
presence OF these papers in the public offices !
Is a stumbling block i'm the way of the per-
Iormahce OF senatorial duty, il can be easily
removed. The papers and documents which
nave been described derive NJ official cbnrac-
yer from any constitutional, statutory or
other requirement making them necessacv IN
the ohcial duty of the executive. II win
% novv " uehled' suppose. that the president
may suspend public officer in the entire
ABSENCE OF ANY PAPERS
Vi Vi documents TO aid his official judgment and ! ,
uiscretlon, and am quite prepared TO hyow | ,
'uat the cases are not few in which suspen- |
sloIs from once nave depended more upon |
Ordi representations made TO me by citizens 4
OF known good repute and by members OF | I
me mouse OF representatives and senators OF | I
.ne United States than upon any letters and |
documents presented for my examination. I [
Ia ave not IeIt Justined in suspectng the verac- I
W, integrity and patriotism of senator's or
Ignoring their representations, because tbev
we're no. IN party affiiiatlon with the maioritv ! 5
)I their associates, and recall a few susnen- Il
lons which bear the approval of Individual $
.1 perS luehtlned POLITICALLY with the major b
" III the SENATE. While, therefore / am | a
onstrained to deny the right of the senate 10 | n
ne papers ana documents described so far as ! q
ne right TO the same is based upon the claim
nat they are In any view of the subject IL
mclal. am also led unequivocaIIy To dis | u
ute the right of the senate by the aid Of anv s.
ocumehts Whatever, or in any way save | b,
lrough the judicial process of trial or inn S,
eachment TO review or reverse the act of tbe | a,
.Sa In the suspension during the recess m
tne senate of federal officials. / believe Il,
le power 10 remove or suspend such officials pl
vested IN the president alone by the con IN
dtution, which co
. IN EXPRESS TERMS PROVIDES tn
TAT Nthe executive power shall be vested II, FIR
president of the United States of America :" ia
Id that "he shall take care that the laws he ia
uthfully executed" The senate belongs ~ ps
e Legislative branch of the government. of
@ noh sne CONSTITUTION by express provision co
lperadded TO its legislative duties the riybt ! ha
advise and consent to appointments - | tb
nee ana 10 sit as court of impeachment | be
conferred upon that body all the controI | be
~ ~ regulation ofexecutive actions supposed col
oe necessary Tor the safety Of the people de-
% thls express and special grant of such au
Itraordlnary powers not in any way related the
OF growing out of general senatorial duty
"a In itself departure from the general
da "a oi our government, should be held,
op.ls Ier Iaulllar maxim of construction, 10
cluue every other right of iuterferenea | I'd
IN executive functions. In the frst non ~
ess wnlcn assembled after the adoption of
constitution, comprising many who aided \
Hs preparation, legislative construction Mr.
given 10 that instrument in which tbe an con
Dendence of the executive I'm the rnstto,.Se ,,ia
hoVaIs from Office was fully sustained 7 for
nix 1t will be found that in the subseonant &c ae
cusslons or this question there was gener- Oi ~
:: IL not al all times, proposition pend ~ ~ n n
IN some way curtailing this power OF the the
sldent by legislation which furnishes eyI- por
ice that the
TO LIMIT SUCH POWER at
was supposed to be necessary to suppla- cha
Ut Ihe constitution by such legislation the
nrst enactment of this description ON I
passed under a stress of parti- -
snip and political bitterness which nav
hiiHa.eu ~ IN the presidents impeach- | PdI
IT, rms law provided that the federal Othc
,ers @ 10 which 1t applied could only be sus- Ed
Nvhn
wn by evidence satisfactory 10 the r,ssi first
10 De guilty of misconduct in Office or any
a ae' OF wnen incapable or disqualified To take
lorfn tnelr duties, and that within twenty eith
aitSr the next meeting of the senate n ing
ltu pe the outy or the president ITO re- on d
70 the senate such suspensions, with the tutiC
ence and reasons for his action in tbe time
). Inc statute, passed in 1867 when Ques
sress was overwhelmingly and bitterly itseli
So poiucahy 10 the president NAV be That
rueu as an indication that even then it viii
thought necessary by Congress deter some
~ upon the suDJugation of the execu- refoI
W Iessiate at Will 10 furnish itself a law orcir
Inat purpose, instead of attempting IN in II
tne OBJECT intended by an fnyocation of mari,
e.Snueu ts1 cons1ltutlonal right The law the
n thus found its way to our statrta rectf
was pain IN its terms, and its intent pape
ed no avowal. If valid and now in oner. Unitf
!, 1t would Justify the present course OF tion
enate and commend the reaso
OBEDIENCE OF THE EXECUTIVE as 7
demand. 1t may, however, be remarked whic
ssing, that under this law the president to ms
ne privilege or presenting to the BODY sage
assumed TO review his executive acts all pu
'easons therefor, instead of being ex- wise q
u from explanation or judged by paners and
in the departments. Two wears af,ar what
w OF 1857 was passed, and within less for th
nVe weeks after the inauguration of 81 consiC
lent In political accord with both partu
hes OF congress, the sections of the act officer
atlng suspensions from Office during the admir-
of the senate were entirely repealed. The
ID tnelr place were substituted pro comm
nensio1,s i.s'eaa Oh limiting the causes ate th
disonaIiscatioo oIIine, olsaoll- and "
suspension by the president ain his dis
and completely abandoned the re-
nents obngfng him TO report to the sem a mn
nc eVluence and reasons" for his action
government political in 'i harmony OGnnGnss anS WA
l.eE