The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-03-04
WASHINGTON.
THE PRESIDENT SENDS AN
IMPORTANT MESSAGE
TO THE SEN ATE.
SENATOR EDMUNDS COMPARES
THE PRESIDENT TO CHARLES
THE FIRST, OF ENGLAND.


ton. of Mr. Hale the senate went into executive
session.
asf AT II 30 p. NJ the senate doors reopened, and
the chair laid before the senate lengthy message
from the president, bearing on the right of a SEN
aOT senators 90 have access to papers i'll the eX
eoutive department relating to suspensions from
office. The following is the presidents message to
the esenate.
Ever since The beginning of the present session of
the senate the different heads of the government
have been piled with various requests and de-
mands from committees of the senate, from mem
bers Of such committees, and at last from the sem
ate itself, requiring transmission of the 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 or
documents filed IA such departments in relation to
tue management and conduct of the offices held by
such suspended officials. Dffernt terms from time
to time have been adopted in making these re-
quests and demands and the order in which they
succeeded each other, and the fact that when made
by the senate a resolution for that purpose was
passed in executive session, have led to a pre-
sumption of correctness which will, |
suppose be candidly admitted, that from
first to last the information thus sought and papers
thus demanded for the of the senate and its
committees ia considering the propriety of the
suspensions referred to- Though these suspen-
sons are my executive acts, based upon considera-
tions addressed to me alone, and for which am
wholly responsible, l have had no invitation from
the senate to state tho position which | have felt
constrained to assume, or to interpret for myself
my acts and motives in the premises. In this con-
ditiOn of affairs, have fOrebOrn from addressing the
senate upon the subject lest might be accused of
thrusting myself unbdden upon the attention of
that body. But the report of the committee on ju-
dietary, lately presented and published which CEN
sures the Encouragement of the United States for
his refusal tu transmit certain papers relating to
suspension from Office, and which also, II | cor
rectly interpret it., evnces Misrepresentation OF the
posiGon Of the executive upon the question of such
suspensions wiil hope, justify this communi-
cation
The president refers to the resolution of the
senate calling fer the Dustin papers, and the reply
ofthe attorney general thereto, and SAYS "Upon
this resolution and the answer thereto the issue is
thus stated by the committee On judiciary at the
outset Of the report The important question then
ie whether It is within the constitutional comoe-
tence of either house of congress- to have
access to the official papers and documents in
the various public offices of the United States
created by laws enacted by themselves. | don't
suppose that the public offices of the United States
are regulated OF 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 ustrumentalies were created for the
benefit of the people, and to answer the general
government under the constitution and laws, and
that they are unenCumbered by any lien in favor
of either branch of congress growing out of their
construction, and unembarrassedb by any obligation
10 the senate a5 piece OF their creation. The
complaint of the committee that access to official
papers in the public offices is denied to the senate
is met by the statement that at no time has it been
the disposition or intention of the president or
of any department of the executive branch of the
government TO withhold from the senate official
documents or papers filed in any public office,
while il is by no means conceded that the senate
has a right in any case to review the acts
OF the executive in removing or suspending a pub
lie officer upon official documents or otherwise, il
istconsideied that the documents and papers OF
hat nat re nud, because they are official, be free
ly transmitted to the senate upon its demand
trusting the use of the same for proper and legti
mate purposes to the good faith of that body, ant
though nc such papers or documents have been
specifically demanded in any of the numerous re-
quests and demands made upon the departments
vet ag often as they were found in public offices
they lave been furnished in answer to such appli
cations The letter of tie attorney general in re-
eponse to resolution of the senate in the partidl
lar case mentioned in the committee 8 report, was
written at my suggestion and by my discretion
There had been no official papers or documents
fleu in his department relating to the case within
the period specified in the resolution. The letter
was intended 10y its description OF the papers ant
documents rem aiming in the custody of the depart
men to convey the idea that they were not official
and it was assumed that the resolution called fo
information, papers and documents of the SAINT
character as were required by the requests and de
mands which preceded it, Everything that ha
been written or done on the behalf of the senate
from the beginning, pointed to all letters and pa
psrs of private and unofficial nature, and tht
effects OF search, If they were to be found in tht
departments, and provided they had been sent tt
the executive with a view to their consideration
upon the question of suspension from Office
Against the transmission of such papers and doc
uments, have interposed my advice and direction
This not been done as is suggested in the com
mon report upon the assumption on my part that
the attorney general, or any other head OF
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
aud documents withheld and ADDRESSED to me, are
Intended for my use and action, purely unofficial
aud private, and not unfrequently confidential and
having reference to the performance of duty
exclusively mine. / consider them in no proper
sense as upln the files of the department, but as
deposited there for my convenience, remaining
still completely under my.control suppose II
desired to take them into my custody | might dc
so with entire propriety, and If saw fit to des
troy them no one could complain. The papers
and documents that are now the objects of the sen
ate request consist of letters and representation
addressed to the executive or intended for his in
spection. They are voluntarily written and pre-
sGnted by liens who are not in the least insti
gated thereto by official invitation or at all subjec
them are entitled to extreme consideration
many of them are so irrelevant o
In the light Of other facts so worthless that the!
have not been given the least weight in determinin!
the question to which they are supposed to relate
Are all those, simply because they are preserved
to be considered official documents, and subject Il
the inspection Of the senate =! If not, who is t.
determine which belong to this class Are the
motives aud purposes of the senate, as they are
day by day developed, such as would be satisfied
with my selections Am to submit to the clca
trice of being charged with making suspension
from Office upon the evidence which was not ever
considered Are these papers to be regarded al
official because they have not only been presented
but preserved in public offices Their nature ant
character remain the same whether they are KEEP
in the executive mansion, or deposited in the de
partment5 There is no mysterious power O
transmuJatiOn ia the departmental custody, nor II
there magic in the underlined and sacred solemnit!
OF the department files If the preserve of thes
papers in the public offices is stumbling block il
the way of the performance of senatorial duty, /
can be essiy removed The papers ant
documents which have been described
derive no official characte
from any constitutional statutory or other REQUIRE
nlents making tnem necessary to the performance
OF the official duty of the executive 1t will not b.
denied suppose that the president may suspend
public officer IN the entire absence of any paper
o; documents to aid his official judgement and dis
cretion. AMI am prepared to avow that cases ar
not few in which suspension from offices has de
pended more upon oral representations made t
members Of the house of representatives and sena
examination I have not felt justified in suspect
ing the veracity, integrity and patriotism of sena
tors, or ignoring their representation because no
IN party aiiation with majority of their asso
ciates, Gnd recall few suspensions which bea
tue approval OF individual members, identified pc
hdcally with the majority Fin the senate Will
theretoTe ! am restrained to deny right of senat
70 papers and documents described, so far as righ
70 same is based upon the claim that the
4t, IN any vein of the subject, o3icial
am also led unequivocally to dispute the right O
we senate, by aid of any documents whatever, o
any way save through judicial progress of trial o
Nlmpeac Ament to review or reverse the act of tn
koAeCulFe, IN suspension daring the recess of tn