Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-03-02

pensions, or for all the documents and psner.
nled IN such department.. in relation TO the
management and conduct of the office. held
by such suspended officials The differen,
terms from time to time adopted in making
these requests and demads, the order in which
they succeeded each other and the fact thai
when made by the Senate, y resolution wa.
passed for that purpose in the executive ses.
SION, have led to the presumption the cor.
rectness of which l suppose will be csndidly
admitted, that from the first to the last, ,infor-
nation thus sought and papers thus demand.
ed were desired for use by the Senate and
its committees. In considering the propriety
OF the suspensions thus referred to, though
tnese suspensions are my executive acts,
based upon the considerations addressed to
me alone, and tor which am wholly respon-
sibie, have had no invitation from the
senate to state the position which have felt
constrained to assume in relation to the
same. or to interpret for myself my acts and
motives in the premises. In this condition
OF affairs | have forborne addressing the
Senate upon the subject, lest l might be ac-
cused OF thrusting myself unbidden upon the
the attention of that BODY But the report of
the committee on judiciary of the Senate,
lately presented and published. which CEN
sures the attorney general of the United
states tor his refusal TO transmit certain
papers relating to suspension from office, and
winch also, If correctly interpret it, evinces
a mlsapprehension of the position of the ex-
ecutlve upon the question of such suspension.
will, | hope, justify this communication.
This report is predicated upon the resolution
OF the Senate, directed to the attorney gen
erai, and his reply to the same. This resolu-
ton was adopted in executive session. 1t
required the attorney general ''to transmit to
the Senate, copies OF all documents and papers
that have been filed in the department of
justice since the first Of January, 1885, in re-
latlon to the management and conduct Of the
ofhce OF district attorney of the United States
OF the southern district of Alabama" The
incumbent of this office on the lst of Jan
uary, 1850, and until the 18th of July follow
ing was George M. Duskin, who, on the day
last named. was suspended by executive or
der and John ID. Burnett designated to per-
form the duties of said office. AT the time of
tine passage of the resolution above referred
to the nomination of Burnett for said office
was pending before the Senate and all the
papers relating to said nomination were be-
tore that body for its inspection and informa-
ton. 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 to saw
that the papers and documents mentioned in
said resolution and still .emaining in the Gus
tody of this department having exclusive ref
erence to the suspension by the President of
Geo. M. Duskin it is not considered that the
public interests will be promoted by the
compliance with said resolution and trans
mission OF papers and documents therein
mentioned to the Senate in executive session.
Upon this resolution and answer thereto is
sue is thus stated by the committee on the
Judiciary at the beginning of the report The
important question is, then, whether it is
within the constitutional competency of
either house of Congress to have access to
the official papers and documents in the va
riOus public offices of the United States, Gre
ated by the laws enacted by themselves
do not suppose that the public offices OF the
United States are regulated or controlled in
their relation to either house of Congress bv
the fact that they we're created by the laws
enacted by themselves. 1t must be that
these instrumentalities were created for the
people and to answer the general purposes of
government under the constitution and laws
and that they are unincumbered by any lien
in favor of either branch of government
growing out of their constitution, and unem-
barrassed by any obligations to the Senate as
the price OF their creation.
The President then goes on to make a
lengthy and exhaustive statement in regard
to the disputed papers.