The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1886-03-09
ID to the Senate nj executive ses-

:"
thereto the issue is thus stated by the
Committee on the judiciary, at the out
set Of the report: 1.-THE important ques-
ton 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 va
rious public offices Of the United States,
created by the laws enacted by them
selves"
do not suppose that the public Of
ficers Of the United States are regulated
or controlled in their relations to either
House Of Congress by the fact that they
were "created by the law enacted bv
themselves" 1t must be that these in
strumentalities were created for the ben
eft Of the people and to answer the gen.
eral purposes Of the government under
the Constitution and laws, and that they
are unencumbcred by any lien in favor Of
either branch Of Congress growing out Of
their construction. and unenbarrassed
by any obligation to the Senate as the
price Of their creation.
The complaint Of the committee that
access to the official papers in the public
Offices is denied the Senate is met bv the
statement that at no time has it been the
disposition or intention Of the President
or any department Of the executive
branch Of government to withhold from
the Senate official documents or papers
filed in any Of the public Offices. While
it is by no means conceded that the Sen
ate has the right in any case to review
the acts Of the Executive in removing
or suspending a public officer upon off,
cial documents or otherwise, it is con-
sidercd that the documents and papers
Of that nature should, because they arc
official, be freely transmitted to the
Senate upon its demand, trusting the
use Of the same for proper and legiti-
mate purposes to the good, faith of that
body, and though no such paper or doc
alnent has been specially demanded in
any Of the reqaests Aid slsaaas ssuss~snasss
on the department. yet as often ss they
were found in the public offices they.
have been furnished in answer to such
The letter of the Attorney General in
response to the resolution Of the Senate
in the particular case inentined in the
committees report was written Mt my
suggestion and by direction. There
has been no official papers or documents
filed in his department relating to the
cases within the period specified in the
resolution. The letter was intended by
its description Of the papers and the
documents remaining in the custody Of
the department. to convey the idea that
they were not official. nmd it was as
sumed that the resolution called for the
information, papers and documents Of
the same character rs were required by
the request and demands which pre-
ceeded it. Everything that has been
from the beginning has pointed to all let
ters and papers Of a private and unotfi-
cial nature as the objects Of the search,
If they were to bc found in the depart
ments, and provided they had been pre-
sentcd to the Executive with view to
their consideration upon the question
Of suspension from Office. Against the
transmission Of such papers and docu-
ments l have interposed my advice and
direction. This has not been done, as
is suggested in the committees report,
upon the assumption 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 accord
ing to the will of the Executive and not
otherwise" but because I>regard the
papers and documents withheld and nd
dressed to me or intended for my use
and action, as purely unofficial and pri-
vate, not infrequently confidential. and
having reference to the performance Of
duty exclusively mine. consider
them in no proper sense as upon the
files Of the departme ut, hut as deposited
there for my convenience, remainding
still completely under my control.
suppose il desired to take them into
my custody I might do so with entire
propriety, and if ] saw fit to destroy
them no one could complain.
Even tho committee in it's report ap.