The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1886-03-10
PRESIDENT AND SENATE,
THE ISSUE BETWEEN THE TWO Is
NOW S0UARELY JOINED.

Forcibio Manner, his View of tho Power
of appointment aud Removal.
The Presidents message to the Sen. !
ate in regard to its demands for papers
was received when the Senate was in
secret session. When it was laid be
fore the body Senator Harris proposed
that it be read with closed doors.
Senators Kenna and Van Wyck pro-
tested against this proceeding and de-
mandcd that the doors be opened.
After a brief debate Senator Harris
Withdrew his proposition, and when
the doors were opened, the message
was read. The following i, its full
text:
To tie Senate Of The United States:
Ever since the beginning of tn,
present session of the Senate the diff
terent heads of departments attached
to the executive branch of the govern
mcnt have been piled with various
requests and demands from the com
mittces OF The Senate, trot, members
OF such committees, II at last from
the Senate Itself, requiring the trans
mission of the reasons for the suspcn
sion of certain officials during IN,
recess of that body or for the papers
touching The conduct of such officials {;
or for all papers and documents relat-
ing to such suspensions; or for al
documents and papers flied in such
depa tincHts in relation To the manage
memt and conduct of the offices hetd
by such suspended officials. The dir
fcrcnt terms from tine to time adopted
In making these requests, and the de-
malids ur the order in which they sue
cccdcd each other, and the fact thar
when made by the Senate, the rcsulu-
ton for that purpose was passed in
executive session, have led to u pre-
sumption tho correctness Of which
will, | suppose, be candidly admitted,
that from the first to the last the in
formation thus sought and The papers
thus demanded were desired for Use
by the Senate aud its committees in
considering the propricty OF tho sus-
pensions referred to. Though these
suspensions are my executive acts,
based upon considerations addressed
to INC aluue, and for which | am Who'll
ly responsible, | have had no invita-
ton ON the Senate to state the posi-
ton which l have felt constrained to
assume in relation to the same or to
lttCl lJiSI " lily SClt tllN tClS allOl mo
tlvcS in the premises. In this condi-
ton of affairs | nave %toreborme adj
dressing the Senate upon the subjrc,
lest | might be accused of thrusting
myself unbidden upon the attention OF
that body; but the report OF the Com
mittee ON the Judiciary of the Senate,
lately presented aud published, which
censurcs the Attorncy-Gcnrral of the
United States turh his refusal to trans
nit certain papers relating to suSpen
sions from office, and viii b also, if I
correctly interpret it, evinccs Il m -
apprehension of the position of the
Executive upon The question of such
suspension, will | hope justify this
communication. This report is pred
icatcd upon a resolution Of The Senate
directed TO the Acknowledgement, aud
his reply to the same resolution was
with he con Liberation of nominations
for office. 1t required the Attorney
General "to transmit to the Senate.
copies Of all documents and papers
that have been ti!.d in the Department,
OF Justice since The l>t day of Janu
arv, 1880, in relation 10 the manage
mcnt conduct of the office OF Di>-
trict Attorney of the United States To,
the Southern District of AIabana."
u vi Wis 'lil't, OII tIlf
LIST day Of January, 1885, and until
the 17th day of July ensuing, was
George NJ. Dustin, who on the da
last mentioned was suspended by e1.
ecutive order and Johu ID. Burnett
was designated to perform the duties
OF said Office. AT the time of the
passage OF the resolution above re-
tcrrci to the nomination ct Burnrt,
for said office was pending before The
Senate, AMI all papers relating TO said
nomination were before that body TO,
its Inspection and information. LII
reply to This resolution, the Attorney
General, after referring to the fact thai
the papers relating to the nomination
of Burnett had already been sent To
the ScnaI', stated that he was directed
by the President to say that the papers
and documents which were mentioned
III said resolution, and still remaining
in the custody of this Department.,
having exclusive reference to the sus- |
pension by the President of George NJ.
Dustin, the late incumbent of the
office of District Attorney for the |
Southern District of Alabama, it il |
not considered that the public inter
ests will be promoted by Il compliance |
with said resolution and the transmits |
sion of the papers and documents |
therein mentioned to the Senate in |
executive session.
Upon this resolution and the an
swer thereto the issue is thus stated by |
the Committee on the Judiciary, at the |
outset OF the report: "rhe 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
tie various public Offices of the United
States, created ~ he laws enacted by |
themselves"
I<do not suppose that The public
officers of the United States are regu-
lated or controlled in their relations to
either House of Congress by the fact
that they were "created by the law
enacted by themselves" 1t must be
that these Observation-Disclosures were Gre
ated for the benefit of the people and |
to answer the general purposes of the