The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1886-03-11
REFUSES TO COMPLY.
The Presidents Reply to the Sen.
ate's Demands
For Papers Relating to Suspensions From
ONCE.

ONCE.
WASHINGTON, March Tho President
sent special message to the Senate to-day
in regard to its demands for papers, in
which he takes the ground that papers re-
lating 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 is the mes
sage:
To the Senate of the United Stdtcs-Ever
of the Senate the different heads of depart.
ments attached to the Executive branch OF
the d aave nee9 f Ped cmttes with yafa
mittees, and at last from the Senate itself,
requiring the transmission OF reasons for
the suspension of certain officials during
the recess of that body, or for the papers
for all papers and Documents relating to
such suspensions, or for all documents and
papers filed in such departments in reia-
tiou to the management and conduct Of the
Offices held by such suspended officials. The
different terms from time to time adopted in
der in which they succeeded each other, and
the fact that when made by the Senate the
resolution for that purpose was passed IN ex-
the correctness of which, suppose will be
candidly admitted. that from first to last the
demanded were for use by the Senate and its
committees in considering the propriety OF
the suspensions referred to.
Though these suspensions are my execu-
tive acts, based upon considerations ad-
dressed to me alone, and for which am
| 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
In this condition of affairs have foreborne
| addressing the Senate upon the subject lest
!! might be accused of throsting myself un-
| hidden upon the attention of that body.
But the report of the Committee on the
Judiciary of the Senate, lately presented and
| published, which censures the AttOrney-Gen-
| eral of the United States for his refusal to
transmit certain papers relating to suspen-
pte IT, evnees aa Of he
position of the Executive upon the question
of such suspensions will, hope. justify this
IThe President refers to the resolution of
4 the Senate calling for the Dustin papers and
the reply of the Attorney-General thereto,
| Upon this resolution and the answer there
! to the issue is thus stated by the Committee
'The Important 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"
the GE United @ states. are area regulated or controi
| ed in their relations to either House of Con-
gress by the fact that they were created by
| laws enacted by themselves" It mus It be that
| these instrumentalities were created for the
| benefit of the people and to answer the gen.
stitution and the laws, and that they are un-
| incumbered by any lien in favor of either
branch of growing out It. OF their Con
creation. @ S % The sss Complaint p @ Of the @ COMMITTEES @
IN
| ment that at no time has it been the disposi-
ton or the intention Of the Presids MT or
branch of the Government to withhold from
the Senate official documents or papers filed
means CONCEDED that the senate has the
| right in any case to review the act of the
in Sr
| wise. it is considered that documents and
papers Of that nature should, because they
ate UPON i it's d. demand, trusting the u use 20 Of the the
the good faith Of that body. And, though no
such paper or document has been specifically
| demanded in any of the numerous requests
and demands made upon the departments,y yet
as often as they were found IN the public
4 such applications.
The letter of the Attorney-General in re-
sponse to the resolution of the Senate in the
particular case mentioned in the committee's s
| report was written at my suggestion and by
| my direction. There had been no official
paper or documents filed in his department
| relating to the case within the period speci-
| fed in the resolution. The letter was in
documents remaining in the custody of the
department, to convey the idea that they
were not official; and it was assumed that the
| resolution called for information, paper and
documents of the same character. as were re-
/ quired by the requests and demands which
preceded It.: IT, Every thing s that ta had been been
the beginning pointed to all letters and pal ers
of private and unofficial nature as the OBJ
| the departments, and provided they had been
| presented to the Executive with a view to
their consideration upon the question OF sus-
| Against the transmission of such papers
| and documents 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 W thhold copies of documents in his Office
according to the will of the Executive and
pers and documents withheld and addressed
to me intended for my use and action
purely unofficial and private, not infreQuently
performance of duty exclusively mine.
consider is ath them IN m. no pp proper sense las as
G there ree foe
ience, remaining still completely under my
control. ] suppose If desired to take them
propriety, and if saw At to destroy them no
| one could complain. The papers and docu.
that are now the objects nd OF the
tons addressed to the Executive or intended
for his Inspections; .hey are voluntarily
written and presented by private citizens
who are not in the least instigated thereto by
any official invitation, or at all subject tc
titled to 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 re
"a" Are all these, simply because they are pre-
Il served, to be considered official documents
| and subject to the inspection of the Senatei
If not, who is to determine which belong to
the Senate, as they are day by day developed
such as would be satisfied with my selection.
| Am to submit to theirs at the risk of being
charged with making suspension from office
upon evidence which was not even consid
cred?
| cause they have not only been presented bu,
| preserved in the ublic offices? Their nature
} are kept in he Executive Mansion or depos
| tied in the departments. There is no mystic
rious pc -er or transmutation in department.
fined and sacred solemnity of department,
. files. If the presence of these pap~rs in the
public offices is stumbling block in the way
| of the performance of Senatorial duty 1t car
be easily removed.
The papers and documents which have
| been described QerlVe no Omclal cuaractel
from any constitutional, statutory or Other
requirements making them necessary tG
| the performance of the official duty of tht
. | Executive.
|. 1t will not be denied, / suppose, that tht
! President may suspend a public officer in tht
( entire absence of any papers or documents II
| aid his ofilcial Judgment and discrimination
And am quite psepared to avow that the
| cases are not few in which suspensions from
| office have depended more upon moral repre-
sentations made to me by citizens of known
good repute and by members of the House Of
Representatives and Senators of the United
States than upon any letters and documents
, | presented for my examination. / have mo-
felt justified in suspecting the veracity, IN
tegrty and patriotism of Senators, or ignor
, ing their representations because they wert
not in party affiliation with the majority Of
, their associates, and recall a few suspen
! iob hos ha nf "A y a