The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1886-03-11
PRESIDENT AND SENATE.
a Square Toed Issue Made ON tho Subject
Of Appointments.
On the 1st inst. the President Great |
ed something Of sensation by sending
the following message to the Senate:

tached TO the executive branch Of the govern
ment have been piled with varions requests and
members Of such committeee, and 1t last from
the senate itself, requiring the transmission Of
reasons for the suspension OF certain o1icials
during the recess Of that body. or for the papers
touching the conduct Of such ofFiciale, or for all
papers and documents relating to such suspen-
eionA, or Tor al documents and papers fled In
such department in relation to the management
and conduct Of the Offices held BY such suspended
01icials. The different terms from time to time
adopted in making these requests and demands,
the order In which they succeeded each other,
and the fact that when made by the senate the
resolution Tor that purpose was passed in execu-
tive session, have led to . presumption, the cor
rectness Of which will, suppose, BY candidly
admitted, that from first - last the Information
thus sought and 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
executive acts, based upon considerations ad-
dressed to me alone, and for which am wholly
responsible, have had no invitation from the
senate to state the position which l have felt
constrained to assume in relation to the same, or
TO interpret Tor myself my acts and motives In
the premises. In this condition Of affairs have
forebOrne addressing the senate ON the subject,
lest might be accused Of thrusting myself I'M
hidden upon the attention Of that body. Butthe
report Of the committee Of the judiciary OF the
cSuosCs losCAy RICeCutC0 ouO RuOltruCus " 0jCu
censures the attorney general Of the United
States for his refusal to transmit certain papers
relating TO . suspension from Office, and which
also, Il correctly interpret 1t, evinces misap-
prehension Of the position Of the executive upon
the question Of such suspensions, will, hope,
Justify this communication.
TIE CASE OF DUSTIN.
The President refers to the resolution Of the
senate calling for the Dustin papers and the re-
ply Of the attorney general thereto, and says:
Upon this resolution and the answer thereto,
the Issue u thus stated BY the committee on
judiciary 4 the outset Of the report: ..The i'm
portant question then, is whether 1t il within the
constitutional competence Of either house Of
congress-, 10 have access to the ofIicial papers
and documents In the various public Offices of
the United states created BY laws enacted by
themselves" do not suppose that the public
ohices Of the United States are regulated or con-
trolled in their relations to either house Of Con-
grees BY the fact that they were ..created by
laws enacted BY themselves" It must he that
these instrnmentalities 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 unencumbered
BY any lien in favor Of either branch Of congress
growing out of their construction, and unem.
barraseed BY any obligation to the senate az the
price Of their creation. The complaint Of the
committee that access 70 0ffcial papers in the
statement that at no time has 1t been the dis
position or the intention OF the president or any
oiiicer in any department OF the executive branch
OF the government to withhold from the senate
official documents or papers fled in any Of the
public Offices. While IL is by no means conced-
ed that the senate has the the right in any caee
to review the act Of the executive In removing
or suspending public officer upon official d0cu-
ments or otherwise, It is considered that docu-
ments and papers Of that nature should, because
they are Official, be freely transmitted to the
senate upon its demand, trusting the use Of the
same for proper and 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 and
demands made upon the departments, yet ~
often g they were found in the public Offices
they have been furnished in answer to such APP
plicati0ne. The letter Of the attorney general
in response to the resolution OF the senate in the
particular case mentioned In the committees re-
port. was written at my suggestion and by my
direction. There had been
NO OFFICIAL PAPERS
or documents filed in his department relating to
the case within the period specified in the reso-
luton. The letter was intended, BY its descrip-
ti0n OF the papers and documents remaining in
the custody Of the departments, to convey the
idea that they were not official, and II was as
eumed that the resolution called for Information,
papers and d0cuments Of the same character as
were required by the requests and demands which
preceded II. Everything that had been written
or done in behalf Of the senate from the be-
ginning pointed to . letter and papers Of q
private and unoficial nature ~ the objects Of
search, II they were to be found in the depart
ments, and provided they had been presented to
the executive with view to their consideration
upon the question Of suspension from ONCE.
Against the transmission of such papers and
documents have interposed my advice and
II n hAa hnnva As.rn l.
geeted In the committees report, upon the as
sumption on my part that the attorney general
or any other head Of department .sis the SER
want Of the president, and is to give or with
hold copies Of documents In his Office accoDd-
ing to the will Of the executive and not other
documents withheld and addressed to me, or
intended for my use and action, purely unoffi-
cial and private. Not infrequently confidential,
and having reference to the performance Of q
| duty exclusively mine. consider them in no
proper sense 40 upon the dies OF the depart
ment, but as deposited there for my conven-
icnce, remaining still completely under my con-
troll. ! suppose II desire to take them into
my custody might do so with entire propriety,
and Il saw 6t to destroy them no one could
now the objects Of the seIate's questions con-
| sists Of letters Of 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 or at all
| subject to official control. While some Of them
are entitled to executive consideration, many
| Of them are 80 prevalent, or, in the light Of
other facts, 90 worthless. that they have
NOT BEEN GIVEN THE LEAST WEIGHT
in determining the question to which they are
| they are preserved, to be considered Official
i nj md onhioNf to tho Inc ~
senate. II not, who is it to determine which
belong to this class Are the motives and pur-
poses Of the senate as they are day by day de-
| vel0ped, euch as would be satisfied with my
| selection Am ! to submit TO these at the
risk OF being charged with suspension of off,
GERS upon evidence which was not even con.
sidered Are these papers TO be regarded off,
cial because they have not only been presented
but preserved In the public offlces? The nstnre
and character remain the same, whether they
are kept ~ the executive mansion Or deposited
In the departments. There IL no mysterious
power Of transmutatiOn in departmental Gus
| tody, NOR IL there magic in the underlined end
sacred solemnity OF department files. II the
presence OF these papers In the public Offices
is stumbling block IN the way OF the perfor.
nance Of senatorial duty, 1t can be easily re.
moved. The papers and documents which
have been described derive no Official character
from any constitutional, statutory or other re.
quirement making them necessary to the per.
formance Of the Official duty Of the executive
1t will not be denied, suppose, that the presi.
dent may suspend public officer in the entire
absence Of any papers or documents to aid
his official judgment and discretion, and am
quite prepared to ayow that the cases are no,
few In which suspensions from office have de.
pended more upon oral representations made
| to me by citizens of known good reputc and
by members Of the house Of representatives
aud senators Of the United Estates than upor
/ any letters and documents presented for my