The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1886-03-10
The Presidents Message.

private, and not infrequently contiden-
tial, and having reference to the per-
formance of a duty exclusively mine, l
consider them in no proper sense as
upon the files of the department, but as
deposited there for my convenience, and
remaining still completely under my
cdntrol.
1 suppose if / desired to take them
into my custody, might do so with
entire propriety, and if saw fit to de-
stroy them, no one could complain. The
papers and documents that are now the
objects of the senate's questions consist
of letters and representations addressed
to the executive, or intended for his
| inspection. They are voluntarily writ
ten and presented by private citizens
who are not in the least instigated there
to by any official invitation, or at all
subject to official control. While some
of them are entitled to executive consid-
Grafton, many of them are so irrelevant,
or IN the light Of other facts, so worth
less that they have not been given the
least weight in determining the question
to which they are supposed to relate.
Are all these, simply because they are
preserved, to be considered official docu-
ments and subject to the inspection of the
Senate? If not, who is to determine
which belong to this class? Are the
motives and purposes of the senate as
they are day by day developed, such as
would be satisfied with my selection?
And am I to submit to theirs at the risk
of being charged with making sus-
pension from Office upon evidence which
was not even considered? Are these
papers to be regarded as official because
they have not only been presented, but
preserved in public Offices? Their nature
and character remain the same whether
they are kept in the executive mansion
or are deposited in the departments.
There are no mysteries of transmutation
in departmental custody, nor is there
|
nity of the department files. If the
presence of these papers in the public
offices is a stumbling block in the way of
the performance of senatorial duty, it
can be easily removed. The papers and
documents which have been described,
| derive no official character from any con-
stitutional, statutory or other require
ment making them necessary to the
performance cf the official duty of the
executive.
1t will not be denied, suppose, that
the President may suspend a public
officer in the entire absence of any
papers or documents to aid his official
Judgment and discretion, and l am quite
prepared to avow that the cases are not
few, in which suspensions from office
have depended more upon oral represen-
tations made to me by citizens known to
be of good repute, and by members OF
the house of representatives and senat-
ors of the United States, than upon any
letters or documents presented for my
examination. ! have not felt justified
in suspecting the veracity, integrity and
patriotism of senators or in ignoring
their repre- esentations because they were
not in party affiliation with the majority
of their associates. and l recall few sus-
pensions which bear the approval OF
individual members identified politically
with the majority in the senate.
Therefore am constrained to deny the
right of the senate to the papers and
documents described, so far as the right
to the same is based upon the claim that
they are in any way of the subject Off
cial. I am also led unequivncally to dis
pute the right of the senate, by aid oi
any documents whatever. or in any way
through a judicial process of trial on
impeachment, to review or revise the
act of the executive in the suspension
during a recess Of the senate, of federal
officials. believe the power to remove
or suspend such officials is vested in the
President alone by the constitution
which in express terms provides that
"the executive power shall be vested in
the President of the United States Of
! America and that "he shall take care
that the laws be faithfully executed"
The Senate belongs to the legislative
branch of the government. When the
constitution, by express provisions snper
added to its legislative duties the right
to advise and consent to appointments
to Office, and to sit as court of impeach
ment, it conferred upon that body all the
control and regulation of the executive
action supposed to be necessary for the
safety of the people, and this express
and special grant, Of such extraordinary
powers not in any way relating to OF
growing out Of the general senatorial
duty, and in itself departure from the
general plan Of our government, shoulo
be held under the familiar maxim o.
construction, to exclude every other
right of interference with the executive
functions. In the first congress which
assembled after the adoption of the con-
stitution, comprising many who aided In
its preparation, legislative construction
was given to that instrument, in which
the independence of the executive in
matter of removal from Office was fully
sustained.
The Murray Record says it is reliably