The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-02
A Message from the President, Setting Forth
His Ideas of the Duties and Powers Con-
ferred Upon Him by the Constitution.
He Holds that Power of Removal or
Suspension Belongsto the President,
And that He'fs Not Responsible to the Senate
for It's Exercise-What Are and What
Are Not "0fficial" Documents.
THE pREsIDENr TO THE SENATE.
Defining His Position on the Question of In
formation About Removals.

Defining His Position on the Question of In
formation About Removals.
WASHINGTON March 1.-The President to-day
sent the following message to the Senate
To the Senate of the United States:
Ever since the beginning Of the present session
of the Senate, the different heads of the govern
ment have been piled with various requests and
demands Of committees of the Senate, from
members of such committees, and at last from
the Senate itself, requiring the transmission of
reasons for the suspension of certain officials
during the of that body, or for the papers
touching the conduct of such officials or for all
papers and documents filed in such departments
in relation to the management and conduct of
the offices held by suspended officials. The differ
ent terms from time to time adopted in making
the requests and demands. the order
in which they succeeded each other,
when made by the Senate-the resolution
for that purpose was passed in executive session
have led to presumption, the correctness of
which will, / suppose, be candidly admitted, that
from first to last the information thus sought
and the papers thus demanded was for use by
the Senate and the committees in considering
the propriety OF the suspensions referred to.
Though these suspensions are my executive acts,
based upon considerations addressed to me alone,
and for which | am wholly responsible, have
had no invitation from the Senate to state the
position which l have been constrained to as
sume in the same, or to interpret for myself my
acts and motives in the premises. In this con-
0lLlOn OF aualrS nave IOreDOro ADDRESSING the
Senate upon the subject, lest l might be ac
cused of thrusting myself unbidden upon the at
tention of that body. But the report of the
committee on the judiciary of the Senate, lately
presented and published, which censures the
Attorney general cS the United States for his
refusal to transmit certain papers relating to q
suspension from Office and which also. if / cor.
rectiy interpret it, evinces misrepresentation of
the position of the executive on the question of
such suspensions, will, hope, justify this COM
munication."
The President refers to the resolution of the
Senate calling for the Dustin papers and the
reply of the Attorney general thereto, and says:
Upon this resolution and the answer thereto,
the issue is thus stated by the committee on the
judiciary at the outset Of the report
1.-The important question then, is whether it is
within the constitutional competency of either house
of Congress to have to the official papers and
dscuments in the various public Offices of the United
States created by laws enacted by themselves.
II do not suppose that the public Offices of the
United States are regulated or controlled in
their relations to either house of Congress by
the fact that they were created by laws enacted
by themselves 1t must be that these instru-
mentalities were created for the benefit of the
people and to answer the general purposes of
government under the Constitution and the
laws, and that they are unincumbered by any
lien il favor Of either branch of Congress grow
ing ont of their construction, and unembarrassed
by any obligation to the Senate the price oe
their creation. The complaint of the committee
that access to official papers in the public Offices
is denied the Senate. is met by the statement
that, at no time, has it been the disposition or
intention of the President, or any department OF
the executive branch of the government, to with
hold from the Senate official documents or papers
filed in any of the public Offices. While it is by
no means conceded that the Senate has the right,
in any case, to review the act of the Executive
in removing or suspending public officer upon
official documents or otherwise it is considered
that documents or 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 and legitimate purposes,
TO the good faith Of that body. And though no
such paper or document has been specifically de-
manded in any of the numerous requests and de-
mands made upon the departments, yet, as often
as they were found in the public Offices, they
have been furnished, in answer to such applica-
tions. The letter of the Attorney general, in re-
sponse to the resolution of the Senate in the par
tcular case mentioned in the committees report,
was written at my suggestion and by my direction
There had been no official papers or documents
filed in his departments, relating to the case,
within the period specified in the resolution. The
letter was intended, by its description Of the
papers and 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. pa
pers, and documents Of the same character as
were required by the requests and demands
| which preceded it Everything that had been
written or done on behalf of the Senate from the
beginning, pointed to all letters and papers of
private and unofficial nature as the objects of
| search, If they were to be found in the dSpart-
| ments, and provided they had been presented to
the executive with view to their consideration
upon the question of suspension from Office.
| Against the transmission of such papers and
documents | have interposed my advice and di-
recton. This has not been done, as ia 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 according to the will of
| the executive and not otherwise but because /
| regard the papers and documents withheld and
| addressed to me, or intended for my use and
action, purely unofficial and private, not infre-
| auently confidential and having reference TO
| the performance of a duty exclusively mine. /
consider them in no proper as upon the files
| OF the department, but as deposited there for
| my convenience remaining still completely un-
| der my coatrol suppose If desired to take
| them into my custody might do SO with entire
| propriety, and if saw fit to destroy them. no
| one could complain. The par3rs and documents
| that are now the objects of the Senates request
| consist of letters and representations addressed
to the executive or intended for his inspection;
| they are voluntarily written and presented by
private citizens, who are not in the least insti-
gated thereto by any official invitation, at all
subject to official control. While some OF them
are entitled 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 ques-
| tions to which they are supposed to relate.
/ "Are all these, simply because they are pre-
| served. to be considered official documents and
| subject to the inspection of the Senatel Ii not,
| who is to determine which belong to this classl
/ Are the motives and purposes OF the Senate, as
/ they are day by day developed such as would be
satisfied with my selectiona Am to submit to
| theirs, at the risk of being charged with making
| a suspension from Office upon evidence which
| was not even consideredi Are these papers to
be regarded as Official because they have not
| only beep presented but preserved in the public
J same. whether they are kept in the executive