The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1886-03-10

applications.
Tho letter of the Attorney General
In response to tho resolution of the |
Senate III the particular case mentiored
III the comInittce's report was written |
AT my suggestion andby NY direction.
There have been no officiai apers or
documents filed in his department
relating TO the cases within the period
specified in the resolution. The letter
was Intended by its description of the
papers and The documents remaining
III the custody of the department to
convey the idea that they were not
'hc'al, and 1T was assumed That the
resolution called for the in%turmation,
papers and documents of tho same
character as were required bv the
request and demands lich preceded
1t. Everything that has been written
or done on behalf of the Senate from
the beginning has pointed to all letter,
and papers of private and unofficial
nature as the objects of the search, il
they were to be found in the depart
mente, and provided they had been
presented to tho Executive with a
view TO their consideration upon the
question of suspension from office.
Against the transmission of such
papers anddocuments | have intcrposcd
my advice and direction. This has
not been done, q is suggested in the
committees report, upon the stump
ion on my part that tic Attorney
General OF any other heau of Il depart
mcnt "is the servant OF The President
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 and documents withheld and
addressed to me or intended for my use
and action, as purely unofficial aud
prlyatc, mol infrrqucntly confidential,
aud having reference to the perform
tncc OF a duty exclusively mine. |
consider them IN no proper sense as
upon the files of the department, bu,
as deposited there for my convenience,
remaining still completely under my
control. | suppose if | desire 10 take
them into my custody | might do SO
with entire propricty, and if l saw
ft TO destroy them no one could COM
plain.
Even the committee in its report
appears to conccdc that there NAV be
with the President or in the depart
lnentS, papers and documents which
ON account of their unofficial character
arc not subject to the inspection of
Congress. Reference in the report to
the instances where the House of Rep
rcscntativcs ought o to succeed in Il
call for the production of papers i
Immediately followed by this state
ment: "Thc committee feels authorized
to state after a somewhat careful re-
search that within the foregoing limits
there is scarcely in the history of this
government until now any instance of
the refusal by a head of department
or even of q President himself, to com.
municate official facts and information
as distinguished from private aud
unofficial papers, motives, views, rca-
son, and opinions to either House of
Congress when Internationally de-
mandcd.
TO which of the classes thus recog-
nizcd do the papers and documents
belong that arc now he objects of the
Senate's quest? They consist of the
letters and representations addressed
20 the Executive or intended for his
written and presented by private citi-
zrns who arc not in the least instigat-
cd thereto by any official invitation or
at all subjec, TO official control. While
some of them are entitled to executive
consideration many OF them are So
mrevclant or in the light of other facts
20 worthless that they have not been
Given the least weight III determining
the question TO which they are suppos-
ed to relate. Are all these, simply
because they are preserved, TO b. con
>Id"red official documents and subject
! . The Inspection OF the Senate? If
not, who S to determine which belong
10 this class? Are the motives and
purposes OF the Senate, as they day by
lay deVelope, such rs would DC salts
fled AT my selection? Am | to submit
10 them at the risk of being charged
with unaking Il suspension from office
upon evidence which was not even
considered? Are these papers TO b.
regarded as official because they have
no only been presented but preserved
n public Offices? Their nature and
character remain the same, whether
they are kept in The Executive Mansion
n deposited in the departments.
There are no mysterious powers of
transmutation in departmental custo-
dy, nor is there magic in the underlined
aud sacred solemnity OF department
h!es. If the presence of these papers
III public Offices is q stumbling block
IN the way of the performance of
SENATORIAL uuly, IL can easily be re-
moved.
The papers and documents which
have been described derive no official
character from amy constitutional,
statutory or other requirement making
them necessary to the performance OF
the official dnty of the Executive. 1t
NAV not be denied, l suppose, that !
The President may suspend public Off.
GERS in the entire absence of any paper
or documents to aid his official judy
ment and discretion, and / am quite
prepared to aVOw that cases are not a
few in which suspensions from offices
have depended on oral representations
made to me by citizens Unknown good
repute, and by members of the House
of Representatives and the Senators of
tho United States, more than upon any
letters and documents presented for
my examination. have not felt justi.
tied in suspecting The veracity, intog-
Ittx us.l mi .,tNa ~. 80 49, =