Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-03-02
PRESIDENT AND SENATE.
AN FRHA USTiVE MESSAGE.

day in regard TO its demand for papers
was received when the Senate was in
secret session. When it was laid be-
fore the body Mr.. Harris proposed that
it be read with closed doors. Messrs.
Kenna and Van Wyck protested sharply
against this, and demanded that the
doors be opened. After brief debate
Mr.. Harris withdrew his proposition,
and when the doors were opened the
message was read. The following is
its full text:
To me Senate oC the IJ,iied Ssafes:
Ever since the beginning OF the present
session OF the Senate the different heads OF
departments attached TO the executive
branch Of The Government have been pied
with various requests and demands from
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 Of
ficials during the recess OF that body. for
papers touching the conduct Of such Of
fcials, or for all papers and documents re-
latlng TO such suspension. or for all docu-
ments and papers filed In such departments
In relation to the management and con-
duet OF the offices held by such suspended
officials.
The different terms from time to time
adOpt ed In making these requests and de.
mands the order in which they succeeded
each other, and the fact that when made
by the Senate the resolution for that pur.
POSE was passed I'm executive session, have
led TO The presumption, the correctness OF
which viii, I suppose. lie candidly admitted.
that from first TO last the Information thus
sought and the papers thus demanded were
desired for usc by the Senate and its COM
mittees I'm considering the prOprlety OF the
rafpffpn these
pensions are my executive acts based upon
considerations addressed To me alone aud
for which am wholly responsible. have
had no invitation from the senate 20 state
the position which nave felt constrained
to assume I'm relation TO the same OF 10 in
terpret for myself my acts aud motives in
the premises
In thiscondiiion OF affairs have forborne
addressing the senate upon the subject lest
| might be accused OF thrustlng myself UNI
hidden upon the attention of that body.
But the report OF the Committee ON Judi.
ciary of tile Senate, lately presented and
lublii he'd. which censuTes The Attorney
General OF the United states for his refusal
TO transmit certain papers relating To sus
pensions from Office and which, also. II |
correctly interpret II. eylnces n misappre
PENSION Of the position OF the Executive
upon the question OF such suspensions, Will,
hope Justify this communication.
This report is predicated upon a reSOlu.
ton Of the senate directed TO the Attorney.
resolution was IN connection with the con-
sldern ton OF nominations for Office. II re-
quiIed the Attorney General " to transmit
to The Senate copies Of all documents aud
papers that have been filed in the Depart
lneLt OF Justice since the LIST day Of Janu.
airy, 1885, in relation 10 the management
and conduct OF the office OF dis
trict attorney OF the United States
Of the Southern district OF Alabama"
The incumbent Of this Office on the LIST day
Of January. 1855. and until the 18th day of
July ensuing. WAS George VI. Dustin. who
on the day last mentioned was suspended
by an Executive order. and John ID Bur.
nett designated to perform the duties OF
the said office. Al the time OF the passage
Of the resolution above referred To the
nomination OF Burnett for said office was
pending before the Senate, and all the
ps peIs relating to said nomination were
before that body for its inspection and
information. In reply To this resolution. the
Attorney. General. after referring TO the fact
that the papers relating To the nomination
OF Burnett had already been sent to the
senate. stated that he was directed by the
President 10 say that the papers and dOcu
meus which were mentioned In said resO
lniiOn and still remaining In the custody o.
This liepaI tment, having exclusive reference
TO the suspension by the President OF George
VI. Dustin, late incumbent OF the Office
II district attorney for the Southern DIS
uiCt Ul Alabama, said II iB not considered
That the puU ic Interests Will be promoted
10y a com pliance with said resolution and
the transmission OF the papers anu
documents therein mentioned TO the SEN
ate IN executive session. Upon this rcsO-
luton and the answer thereto the issue is
thus stated by the Committee on the
Judiciary atthe Quiet OF the report:
The important question then is 90 whether
II is within the constitutional. competence
OF either house OF Congress 10 have acc -
to the official papers and documents In the
various public offices Of the United states
created by laws enacted by themselves"
; do not suppose that the public offices or
the United states are regulated or con
tIOlled in their relations to either house OF
congress 10y the fact that they were "cre.
aied 10y laws enacted by Themselves IL
must be that these instrumentRlities were
created for the benefit OF the people and to
antwer the general purposes OF the Govern.
u ent under the Constitution and laws. and
tnat they are urencumbered by any lien In
favor Of either branch OF Congress growing
out OF their construction and unemOar-
Tasted by any Obligation 10 the senate as
the price OF their creation.
The complaint OF the committee that
access To official papers in public offices Is de.
nied the Senate Is met by the statement
that al no line has L been the disposition or
intention OF the President or any depart.
Ment Of the executive branch of the Cow
eminent to withhold from the Senate
Official documents or pa pers illcd IN any OF
the public Offices. While IL is by no means
conceded that the Senate has the right
IN any case 10 review the acts OF the tXecu'
tive IN removing or suspendinga public OIL
GER upOn Official documents or otherwise.
it Is considered that documents and papers
of that nature should, because they are
CliciRl. he freely transmitted TO the senate
uIOn lis demand, trusting the use OF the
same for proper and legitimate purposes to
the good faith OF that body, ana though no
SUCH paper or document has been speclH'
cally demanded in any OF the numerous re-
pue sis and demands made upon the depart
iucnis. yet as often as they Were found in
AL 70 al a IAnp n ltt41
answer To such applications.
The letter Of the Attorney General IN re-
spouse TO the resolution % the Senate IN
the pariicularcaSe mentioned IN the com
mittees report was written ut my sugges-
ton and by my direction. There had been
no official pa pcTs or documents fled Ia his
department relating 10 the case within the
Period specified IN the resolution. The let
Ter was Intended, by It's description OF tine
papeIs and documents remaining In GUS
tody OF the Department, TO convey the
dea that they were not Official, aud
II was assumed that the resolution
called for Information, papers. and docu-
III MS 9th same character as were required
By the requests and demands which pre-
O., ded u Everything that mad been written
or done on behaitOt the Senate from the
beginning pointed TO all the letters and
papers Of u private and unofficial nature. as
he Oh ecis ~ the search. # they We're 10 be
found In the departments. and provided
they had been presented To the Executive
with the view 10 their consideration upon
the question OF suspension nom Office.
Against the transmiS SiOn OF such papers
and documents / have interpOsed my adj
ce and direction. This mas not been
done as is suggested in the commit ee'>
report. upon the assumption ON my part
MAT tie AttOlDey-tieueral or any Other
mead 81 department is the servant OF the
President and j. to give or withhold cOpies
Of documents IN ms Office according
IA the Will Of the EXecuti @, and not
Otherwise but because ! regard toe
IapeIs and documents withheld and ad
dressed 10 me or intended for my use and
action, purely unofficial and priyate-nOt
in1equently confidental-aud having
reference 10 the performance of duty ex-
clusiNely mine. ! consider them Ia no
proper sense as upon the files OF the Depart.
ment, but a. deposited there for my own
convenience aud remHiuDg still complete
- under my control. / suppose II desired
To take them into my custody might do So
with entire pToprlety. and II saw III TO de-
suoy them no one could complain.
Even the committee IN rs report appears
10 concede that there may be with the Pre-.
sident or in the departments papers and
documents which, on account or their I'M
official character are u subject to the In
spection OF Congress The reference IN the
report 10 instances where the House OF Re-
pieEentatiVes ought not 10 succeed in lts
call for he production Of papers Is imme-
dietely followed by this statement:
The Committee feels authorized TO state.
after somewhat careful research, that |
within The foregoing limits there Is scarcely |
In the history OF this Government until
now any instance Of the refusal b. head |
Of department, or even OF the PRESIDENT
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