Savannah morning news. [volume] (Savannah) 1868-1887, 1886-02-19
CALLS FOR INFORMATION
EDMUNDS SUBMITS THE JUDICI-
AIRY CONIMITrEE'S REPORT.

Roth Houses of Congress Declared to be
Entitled by tue Constitution to Free
Access to all Public Papers aud DOcu-
ments-A Long Line of Precedents
cited In support of the Claim.
WASHINGTON, Feb. 1s.-In the Senate
.o.day, when "reports of committees"
we're announced to be in order, Mr.. Ed
munds rose and said: "Mr. President, |
am instructed by the Committee on
Judiciary, to whom was referred the let
ter of the Attorney General, with author
itv to report with open doors, to make
renort with sundry resolutions, which l
ask may be placed on the calendar"
The President pro TEN. asked: docs
the Senator desire TO have them readW
Mr.. Edmunds-NO. sir; but the Senator
rom Alabama Mr.. Pugh) desires to make
aremark.
THE MINORTTY's STAND.
Mr.. Pugh-From the minority of the
Committee on Judiciary, as to the report
lust made desire to state that they knew
nothing of the contents OF the report until
il was read to the committee this morn
ing. The minority desire TO prepare a
reDort in which they will present
their views, and to enable them to
do so they have until Monday week within
which to prepare areport, ana 1t is under
stood that the majority report and resolu-
lions accompanying it will not be called
M for consideration until we get leave to
die the minority report. The time given
us to do so is not to extend beyond next
Monday week.
THE RESOLUTIONS READ.
Mr.. Dawes-Can we not have the reso-
lutions read?
Chief Clerk johnson read the resolu-
tions.
Mr.. Butler--Is there report accom-
pauyIng these TesolutionsY
The President pro tem.-1es.
MIR. Butler-Is 1t to be printed?
Mr.. Edmunds - Certainly, it will be
printed under the rule; ask that the re-
port of the committee, as we'll as the reso-
buttons, be printed in the Record also.
The President pro tem.-If there be no
objections, that order will be made.
A LENGTHY REPORT.
The report accompanying the resolution
Is Of great length, embracing about 5000
words exclusive of vOluminOus append
ices. The report recites the fact and cir
Cumstances of the removal of MIR. Durkin
and the appointment OF his successor as
United States Attorney for the Southern
district OF Alabama. 1t declares that it
has been the uniform practice of the
Judiciary Committee, since the passage
| OF the tenure of Office act, to call upon the
| heads OF departments for all ''papers and
informationv in possession OF the
departments touching the conduct and
administration of the officer proposed to
to be appointed. This has Oeen
done with the unanimous approval
of all the members, although the cOmDO-
siuOn of the committee has been during
the period sometimes OF one political
character and sometimes ofanOther. In no
Iaa.
tee met wise any delay OF denial in re-
spect to furnishing such papers and intor-
nation with a single exception and in
which exception the delay and suggested
denial lasted only for two or three days.
Precedents are cited and discussed and
The conclusions OF the committee are set
forth in the resolutions accompanying it.
The report says:
PUBLIC PAPERS.
An important question is whether 10 is
within tho constitutional competence OF
either house of Congress to have access to
official papers and documents in the various
public offices of the United States created by
laws enacted by themselves. It may be fully
admitted that except IN respect OF the De-
partment Of the Treasury there is no statute
which commands the head of any department
to transmit to either house OF Congress on it's
demands any information whatever concern
ing the admtnistration of his department, but
the committee believes it to be clear that from
the constitution to the two houses Of Congress
It is a necessary incident that either house
must have at all times a right to know all
that officially exists or takes place in any of
the departments OF the government.
THE CONTINENTAL CONGRESS.
So perfectly was this proposition under
stood before and at the time Of the formation
OF The constitution that the Continental Con-
gress before the adoption Of the present con-
sutuuOn, in establishing the Department Of
Foreign Affairs and providing for the prInci-
pal officer thereof, thought IL ht to enact that
Al books, records ana other papers in that
Office should be open to the inspection of any
me1a6er Of Congress, provided that no copy
should be t-lken Of matters OF a secret nature
without special leave Of Congress. ltwas not
thought necessary to enact that Congress
lisell should be entitled to the
+ production and inspection OF such papers, for
mat right was supposed to exist in the very
nature Of things. and when under the con-
slltution the department came to be created,
although the pro vision that each individual
member OF Congress should have access to
papers was omitted (eyidently fer reasons
hal VIII now be quite well understOOa) it was
hot thought necessary that an Affirmative pro-
vision should be inserted giving To the houses
o. ongress the right TO know the contents of
~ PuOuc papers ana records IN the puDnc
o1ces OF the country, whose laws and whose
Umces they were 10 assist in creating.
UNIVERSALLY CONCEDED.
II is believed that there is no instance OF
civilized governments having bodies repre-
.
. ,lBul and power Of those representative bodies
VI 9obtaln IN one form or another complete in
'"lmatlon az TO every paper and transaction
N ~ any OF the executive departments thereof
% %rDe not exist, even though such papers might
selAle to what is ordinarily an executive
mletoni II that function nlrnged upon any
|,AHuallheation OF this general right may under
Gf constitution exist in case OF calls
~ The House of Representatives
.lf papers relating to treaties, etc,
Hulef consideration and not YET disposed of
y, ihe President and Senate. The Committee
myH authorized 10 state. after a somewhat
gartlu research, that within the foregoing
luis tuere Is scarcely in the history OF this
tlernment, until now. any instance OF re-
tSoen, tSee, py TOE head 0f department or even Of
,ne resident himself 70 communicate official
.b and Information as distinguished from
s.lalo and unofficial papers, motives, views,
,aslha and opinions 10 either House Of Con-
s1'' When Internationally demanded.
THE PREcEDENTs on THE SUBJECT.
indeed the early Journals Of the senate show
~ numbers OF Instances Of direction TO the
MA oi dcpartmente--as, OF c0urse--tO fur
sg papers and reports uron all sorts Of
Wals, both legislative and executive. In
msn, n, es OF requests 10 the President and COM
b"rs bl4s 70 the heads OF departments by each
h,"V ~ Congress- from those days until now
sNpapers and information on every conceiv-
lugect OF public nfIniF are almost iunum-
bv ~ tOr Il appears 10 have been thought
rgv.l a.l Ifesiuenta who have carried ON the
ere,o ',Ainent now for almost a century that
done,,ii ,i ivtpect OF requests TO them by an m