Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1886-03-11
REFUSES TO COMPLY.
The Presidents Reply 70 the Son.
ato's Demands
FOR Papers Relating to su.Pen.ion. Prom
once.

wAsuINoroS, March The President
sent a special message TO tno senate today
in regard TO its demands for Tapcrs, in
which he takes the ground that papers re-
latng To suspensions from Office are not
official papers, and consequently he does
not feel justified In sending copies OF them
TO the Senate. The following Il the mos.
sage:
10 bs senate ~ the TrRsd Staies Evcr
tincc the beginning OF the prc cut session
of the senate the dinercnt heads OF depart.
mcnts attached Ia the Executive branch OF
the Government have been piled with Vari.
ons requests and demands from committees
OF the senate. from members OF such com
mittees, anl nt last from the senate itself
requiring the transmission OF reasons for
the rccess of that body. or Tor tho papors
touching the conduct OF such officials or
tor all papers and documents relating to
such suspensions. or toe all documents aud
papers hlcd IN such departments In rcla.
ton 20 the management and conduct OF the
offices held hy such suspended Officials The
different terms FROM time TO time adopted in
making these requests aud demands. the or
der I'm which they succeeded each other, and
the fuct that when made by the senate the
resolution for that purpose was passed In cN.
ccutiNc session. have led - a presumption.
the correctness ot which. I suppose will be
cnndidly admitted. that from irst Co last the
Information thus sought and the papers thus
demanded were for use by the Senate ana ts
rummittrcs IN considering the proprlcfy OF
the suspensions referred TO.
Though these suspensions are my cNccu-
tive acts, based upon considerations adj
dressed to inc alone. Rud Tor which pm
wholly responsible, have had no invitation
from the senate Ia state thc position which
1 have frlt constrlinc To assume ia relation
to the same or TO- interpret for myself my acts
or motives IN the premises.
In this condition OF affair have foreboruo
addressing the senate upon the subject lost
] might te accused OF tnrHsting myself un-
hidden upon the attention ot that body.
Eut the report OF the Committee on the
Judiciary OF the senate. lately presented nu,i
published, which ccnsurcs the Attorney q cu.
crai of the United stat = for his refusal t.
transmit certain papers relating 10 "a pen
sion from Office, nnd which nlao, II correctly
interpret u, eVinccs misapprehcnsion OF the
poHliiun OF the Executive upon the question
OF such suspensions, Will, hope, Justify this
communication.
THE President refers to the resolution of
the scGate calling for the Dustin papers nnd
the reply OF the Attorney General thereto.
and snys.l
Upon this resolution aud tho answer there.
to the Issue IL thus stated bY tho Committee
on the judiciary at the outset OF the report
The important question, then. u whether n
u within the constitutional competence 81
either House OF Congress 20 have acvcs. b.
TIE oihcial papers nd documents in the
various iuhlic Offices of the United states
GRATED by laws enacted by themselves q"
=. 90 not suppose that the public Offices OF
ed la their relations 10 either 1Iousc OF con.
gross by the fact thut they wcrr created hv
lave enacted oy themscivcs.' II mu.t oo that
these nstrtlmcntnliiius we're created for Tho
benefit OF the people aud TO answer tho gen
rrnl purposes Of Government under tho con.
stitution aud the lRga ufid That they nrc uu
incunborcd by any lien In favor Of either
branch OF Congress growing out of their con.
struction. and uncmbarrasscd by any oblign-
ton 10 tho scuate as 60 the pride Of their
creation. The complaint OF the committee
thdt access 10 Otrcial papers IN the public Of
hcf- ~ denied the senate a. met by the state.
nient that nt no lin, has il been thc disposi.
ton or the intcutinn 81 tho Pfcrid NJ or
any department of the ENccptivc
branch Of the Government 90 withhold from
thc Senate official documents or papers nied
In any Of tho public offices. While Il ~ hy no
means conceded TINT the Senate has the
right IN any case 20 review tho act or the
Executive In removing OF suspe ndlng n pub.
nc officer upon orc R documents. or Other.
wise. ~ " considered that documents and
papcrs Of that nature should, because they
are Official. be freely transmitted 10 tho son
ate upc n IL dcDuud, trusting tho use ~ tho
samo for proper and legitimate purposes 10
the good faith OF that body. And, though no
such paper or document has been spcoiucnlly
snd demands made upon tho dcphrtments.ye vet
ms often as they we're found in the public
omcea they have been furnished IA answer 20
The letter of the Attorney. General in re-.
tpOnse 90 tue resolution Of the senate iu tho
particular case mentioned IN the committed :
report was written az my suggestion and hy
my direction. There bad hecn no official
paper or documuitt- Med In his department
rotating 90 the case Within the period spcci.
ned In the resolution. The letter was fu
tcuded. BY its description o. the paper and
documents remaining lu th9 custody Of the
department, 20 convey the idea that thoy
we're not Official; and NJ WIS assumed that tho
resolution called for Information, paper and
documents ~ the same character ~ were re,
quircd by the requests aud demands which
preceded ". Every tbluR that had bcer
written or done on behalf - fhe senate from
the beginning pointed 90 aii letters nrd pa era
Of private and unofficial nature as the OBJ
tho depart Inents. ana provided they bad boen
presented 10 the Executive with Wow n
their onsideratlon upon the question OF su9
Against the transmission 81 such paper,
ard documents have iufcrpossd my advice
and direction. THIS has not been dCua ~ \
suggested In tho cnrnrnifffo'a rct,orf tJpgr
tho assumption on fny part thHt the AttOrnc,
/ beufrhi or any other head % dcpnrfuirn ~
is the servant ~ the President. and g. ~ gfvi
or " thhold copies ~ documents in hla oH.ct
according 20 the viii Of the Executive anf
pcrs and documents withheld Hnd nddrfsael
20 me or Intended Tor my usc and acffor
purcil unofficial aud private .nut ihfrequeuul
performs ce Of a duiy' exclusireiy mine
i.,.,.,1 J eon,iasr ,, mem IN no proper sense a.
AZ asnoe'ic8 fb.re fl.- ,o. e,.,,,,,,
ience remaining uili completely under I'D
control suppose 10 desired to tako then
propriety, ara n = saw af to destroy fhrn y,
one could complain. Tho paprrs an1 Gocu
siT quest consist ~ letters an1 reproserfa
tons addressed 20 che Executive or Intended
/ ipr hla lu.pocfinnt ihcY arc voluntarily
who arc rot in fhe leisf iusflz lzaffl thereto b.
sny onicinl inNiiafon. ur nt HU subject o.
official control While sof1e Of Them aro or
them aTr s0 irrelevant 0r In fno Ignf nf ofHf.
| fsctf 90 worfhless. fhnf tnry haFe n0f been
| question 90 which they are supposed 10 re
/ late.
are an these. simply because ,hey are pre-.
/ serve ~ De cOnsi1crcl Official 1ooumoufa
/ aud sal hjcct 20 fhe lnspccflou of ihe aruaIr-
l ~ uot. Who d o. determine vhIen brioUr ~
/ this ciassf Afe fne motives and pufpnseE I'D
She -cuaff. a. fInr are daF Ug Tsr AZ .r .r,f..s