Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-03-02
CITY AND DISTRICT
THE PRESIDENTS MESSAGE.
Full Text or the COmmumicatiou Sent
70 the Senate Yesterday.

THE PRESIDENTS MESSAGE.
| Full Text OF the Communication Sent
70 the Senate Yesterday.
REASONS FOR REFUSING TO SUBMIT 10 THE
SENATE PAPERS RELATING TO SUSPENSIONS
OR REMOVALS
| TO the Senate Of the United States.
Ever since the beginning o. the present session
OF the Senate, the different heads of the Depart
ments attached to the executive branch of the
| government have been piled with various
requests and demands from committees of
the Senate, from members of such com.
mlttees. and at last from the Senate
itself, requiring the transmission of reasons for
sne suspension Of certain officials during the re-
conduct of such officials, or for ali papers and doc
9ments relating to such suspensions, or for all
re1afnS ana a papers filed in such Departments
OF the offices held by such suspended officials.
The different terms from time to time
mands the order In which they succeeded
each other, and the fact that when made by
t nose Senate sns the resolution for that puI-
| have led to a presumption, the correct.
mes. Of which win, ! suppose, be candidiy ad-
m1tted, that from first to last the Information
thus sought and the papers thus demanded
were desired for use by the Senate and its COM
pensions referred to.
Though these suspensions are my executive
acts, passed upon considerations addressed to
BILE, have had no invitation from the Senate to
state the position which have felt constrained
TO assume in relation to the same, or to in ter
premises
In this condition of affairs, have forborne
addressing the Senate upon the subject, lest
might be accused of thrusting myself unb1d-
den upon the attention OF that body.
But the report OF the Committee on the Judi
shed Which eensares ths torneS ana pp Of
the United States for his refusal to transmit
certain papers relating to a suspension from
evinces a misrepresentation of the position OF
the Executive upon the question OF such suSpen-
sions. will, hope, Justify this communication.
This report is predicated upon q resolution of
the Senate directed to the Attorney General
and his reply TO the same. This resolution was
adopted in executive session devoted entirely to
business connected with the consideration OF
nominations for office. 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 1st day
of January, 1885, in relation to the manage
ment and conduct of the office Of district attor-
ney OF the United States OF the southern district
OF Alabama"
the incumbent of this office on the LIST day of
January, 1885 and Until the 18th day OF July
ensuing, WAS George VI. Duskn, who, on the
day last mentioned, was suspended by an En-
ecutive order, and John d. Burnett designated
TO perform the duties OF said office. At the
time OF the passage OF the resolution above re-
ferred to- the nomination of Burnett for said
office was pending before the Senate and all the
papers relating to said nomination were before
that body for its inspection and information.
In reply to this resolution, the Attorney Cen
eral, alter 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 1.-The
papers and documents which are mentioned in
said resolution and still rem..inng in
the custody sof this department,
nf
NJ Duskin, the late incumbent OF the Office OF
district attorney for the southern district of
Alabama, it is not considered that the public
interests will be promoted by compliance with
said resolu alton aud the transmission OF the
papers and documents therein mentioned 10
the Senate in executive session." Upon this
resolution and the answer thereto the issue is
thus stated by the Committee on the Judiciary
at the outset of the report:
"The important question, then, is whether it
is within the constitutional competence of
either house of Congress to nave access to the
official papers and documents in the various
public Offices of the United States created by
laws enacted by themselves"
l do not suppose that 1.-The public offices
Of the United States are regulated or con-
trolleu in their relations to either house of Con-
greSS by the fact that they were "created by laws
enacted by themselves" 1t must be that these
Observation-Disclosures were created for the benefit OF
the people and TO answer the general purposes
of government under the Constitution and the
laws, and that they are InincumDered by any
lien in iavoroieitherb branch oiCongress growing
out OF their construction, and unenlbarrassed
by any obligation To the Senate as the price OF
their creation.
The complaint of the committee that access
to official papers in the pubic Offices is denied
the Senate, Is met by the statement that at no
time has 1t been the disposition or the inteu-
ton of the President or any Department of the
executive branch of the Government to with
hold from the Senate official documents or
papers filed III any OF the pubic offices. While
ii is by means conceded that the Senate has
the right in any case to review the act of the
Executive in removing OF suspending public
officer upon official documents otherwise, it is
considered that documents and papers OF that
nature should because they are Official be
freely transmitted to the Senate upon its de.
mand, trusting the use of the same for proper
and legitimate purposes to the good faith of
that body. And though no such paper dOctt-
ment has been specifically demanded i'm any OF
the numerous requests and demands made
upon the Department, yet as often as they
were found in the public offices they have been
furnished in answer to such applications.
The letter OF the Attorney General in response
to the resolution of the Senate in the particular
case mentioned in the committees report was
written at my suggestion and by my direction.
There had been no official papers or documents
ned In n ms TN reiatng to the
i in the RESOLUTION. The lette spec' Was
intended. by its description of the papers and
partment, to convey the idea that they were
not Official and it was assumed that the reso-
luton called for Information, papers, and
documents OF the same character as we're re-
quired by the requests and demands which
Every Lulug CQ8t 0AO O0eQ Wr1CLen or done on
behalf of the Senate from the beginning point
ed to all letters and papers OF private and I'M
official nature as the objects of search, If they
were to be found in the Departments, and pro-
vided they had been presented to the Executive
with view TO their consideration upon the
question of suspension from office.
Against the Transmission of such papers and
documents have interposed my advice and
direction. This has not been done, as is sug-
gested in the committees report upon the
assumption on my part that the Attorney
Department is the nea Servant of
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, purely unofficial and
private, not infrequently confidential, and
having reference to the performance
of a duty exclusively mine. consider them
in no proper sense as upon the files of the De.
partment, but as deposited there tor my con-
ventence, remaining still completely under my
control suppose If desired to take them into
my custody might do SO with entire propriety.
and If saw fit to destroy them no one could
complain.
Even the committee in its report appears to
concede that there may be with the President
or In the Departments, papers and documents
which, on account OF their unofficial character
are not subject TO the inspection OF the Congress-
A reference In the report TO instances where the
In q call for the production of papers. is Inn
mediately followed by this statement:
1.-THE committee feels authorized to state
After n somewhat careful reaoarCh Nhot ~u,itht,s