Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1886-03-10
PRESIDENT AND SENATE.
4 Square Tood Issue Made ON the Subject
Of Appointments.

ment have been piled with various requests and
demsnds from committees Of the senate, from
members of such committeee, and at last from
the senate iteelf, requiring the transmission Of
reasons for the suspension Of certain officials
during the recess OF that body, or for The papers
touching the conduct Of such on1cials, or for al
papers and documents relating to such suspen-
sions, or Tor all documents aud papere 6led In
such department In relation to the management
aud conduct Of the offices held by such suspended
onacials The different terms from tine to time
adopted In making these requests and demsads,
the order in which they succeeded each other,
and the fact that when made BY the senate the
resolution for that purpose was passed In execu-
tive session, have led TO presumption, the cor
rectness Of which will, suppose, BY eAndidly
admitted, that from first TO last the information
thus sought aud 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 suspension are my
dressed to me alone, and for which am wholly
responsible, have had NO invitation from the
senate to state the position which I 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
foreborRe addressing the senate ON the subject,
lest might be accused Of thrusting myself un-
hidden upon the attention OF that body. Butthe
report Of the committee of the judiciary Of the
senate, lately presented and published, which
ccnsures the attorney general OF the United
States for his refusal to transmit certain papers
also, II correctly interpret 1t, evinces = missp-
prehension Of the position Of tho executive upon
the question Of such suspensions, will, hope,
justify this communication.
THz CASH OF DUSTIN.
The President refers to tho resolution Of the
senate calling for tho Dustin papers and the 10
ply Of the attorney general thereto, and says:
Upon this resolution and the answer thereto,
the issue 10 thus stated BY tho committee on
Judiciary 1t the outset of the report: 1.-THE i'm
portsnt question then 10 whether 1t 10 within the
constitutional competence Of either house Of
congress, to have access to the ofdcial 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 are regulated or con-
trolled In their relations to either house OF Con.
gress by the fact that they were ''created BY
laws enacted by themselves." 1t must no that
these instrumentxit were created for tho
benefit Of the people, and to answer the general
purposes Of government under the consttutton
and the laws, and that they are unencumbersd
by any lien in favor Of either branch Of congress
growing out Of their construction, and uuen-
barrassed by any obligation to the senate % the
price Of their creation. The complaint OF the
committee that access to Official papers in the
public Office 10 denied the senate, 10 met BY the
staten ent that 1T NO time has 1t 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 6led In any Of the
public oficee. While 1t is by no means conccd-
ed that the senate has the the right in any case
tu review the act Of the executive IN removing
or suspending = public oflcer upon ofacial docu-
ments or otherwise, 1t Is considered that docu-
ments and papers Of that nature should, because
they are official. be freely transmitted to the
senate upon it's demand, trusting the use of the
same for proper aud legitimate purposes to the
good faith of that body; and though no such
papers or documents have been specifically de-
manded in any of the numerous requests srd
demands made upon the departments, yet -
often as they were found In the public oflces
they have been furnished In answer to such ap-
plications. The letter of the attorney general
In response to the resolution OF the senate In the
particular case mentioned in the committse's ro-
port, was written At my suggestion and BY my
direction. There had been
no OFFICIAL PA1ERs
or documents filed in his department rotating to
the case within the period specified in the 1850
luton. The letter was intended, by ~ descrip-
ton of the papers and documents remaining In
the custody Of the Departmental, 70 convey the
idea that they were net official, and IL WAS a.
sumed that the resolution called for information,
papers and documents Of the same character -
we're required by the requests and demands which
preceded it, Everything that had been written
OF done in behalf Of the senate from the be-
ginning pointed to letter and papers OF .
private and UNOFFICIAL nature 10 the objects Of
search, II they were to be found in the depart
ments, and provided they had been presented to
the executive with a view TO their confederation
upon the question OF suspension from ONCE.
Against the transmission Of such papers and
documents have intsrposed my advice and
direction. This has not been done, - 10 sug-
gested in the committees report, upon the A.
sumption on my part that the attorney general
or any other he I'd Of department "is tho ser
want Of tho president, and 10 TO give or With
hold copies Of documents In his once accord-
WISE" but because I regard the papers and
documents withheld and addressed to me, OF
intended for my use and action, purely unom'
cal and private. Not infrequently confidential,
aud having reference to tho performance OF 4
duty exclusively mine, consider them In nd
proper sense - upon the dies OF the depart
mont, but 40 deposited there for my conven'
fence, remaining still completely under my con
troll. suppose II desire to take them Into
my custody might do 90 with entire proprtety,
and II saw dt to destroy them no ono could
complain. The papers and documents that an
now the objects Of the senate's questions con
sists of letters Of representations addressed %
the executive or intended for his inspection.
They are voluntarily written and presented oy
private citizens who are not In the least 1nsti.
gated thereto by any of1cial invitation or at all
subject to official control. While some OF them
Of them are 90 prevalent, or, in the light OF
other facts, so worthless, that they have
NOT BEEN GIVEN THE 1EAsT WEIGHT
in determining the question to which they are
supposed to relate. Are these, simply because
they sre preserved, to be considered ofacisl
documents and subject to the inspection Of the
senste. II not, who. is 1t to determine which
belong to this clsss7 Arc the motives and pur'
poses Of the senate - they are day BY day de-
veloped, such a. would be satisfied with my
selection Am to submit TO these IT the
risk Of being charged with suspension OF ON
sidered? Are these papers 70 be regarded ON.
cisl because they have not only been presented
but preserved in the public ohaoes1 The nsture
and character remain the same, whether they
are kept In the executive mansion or Deposited
in the departments. There 10 no mystsrioue
power of trsnsmutstion IN departmental Gus.
tody, nor 10 there magic in the underlined and
sacred soIemnity Of department flee. II the
presence Of these papers In the public ofuces
Is Z stumbling block in the way Of tho psrfor'
nance Of senstorial duty, It can Be easily re-
moved. The papers and documents which
have been described derive NO ofdciai character
from any constirutiopal, statutory or other re-
quirement making them Necessary TO the per
formAnce Of the Official duty Of the executive
1t will not be denied, I supposs. that the presa'
dent may suspend . public o6,csr tn the entire
aosencs Of any papers or docoments 70 a'd
bis ofaelsl judgment snd discretion, and an
quite prepared 70 avow thst the cases are hot
few In which suspensions from of3cs have de-
pended more upon oral Representations made
to me BY citizens Of known good espute snd
oy .nembers Of the house Of representatives.,
aud senstors Of the United iStatss tAan upor
any letters and documents presented for my
examin.tion. hsve not felt jueti6sd In sas
p.cting the veraeity, integrity and pst'iota'u
Of the senators or ignoring their Representa-
t,ves bec.uee they were not in party afnlsatto'
with the majority OF their associstes; and ! re-
c.li few SUSPENSIONS which bear the sppssva
4 individual members identified politically with
the majority In the senate. Willis, aAsssloso
am constrained -
DBNY 1HB R1sHT op 1B0 o1uATD
TO the papers and doeunsnts dsschbeA, - IL
as the right TO the same IL hassd upon tAs elsia
that they are in any view Of the subject of1esal
am also led aueqaisoeal,y to dispute Tie nigh
of the senate, BY the aid Of any docunents ~hat'
ever, or in any wsy save through the jsdieis
oS .. II 2AA