New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-02-20
7UF SUPPRESS D PAPEPS

The cor stitutional right of Congress to eX-
anime all papers on file in the Executive De-
nort,Dpnts oncht to be beyond question. IT ap-
ppars bv the able and exhaustive report which
the Senate Judiciary Committee presented on
Thursday that this right never was questioned
before the present time. 1t remained for that
eminent LEGAL Inminary and Pan-Electric
statesman. Attorney General Garland, to dis
covcr this extension of executive power
His reply TO the Senate is the first instance on
record where an executive department refused
to communicate official facts and information.
In 1912 n committee Of the House OF Repre-
sentativcs appointed TO investigate the re-
moval of n clerk in the Pension Office called on
the Secretary of War for copies of any papers in
the Department touching the removal. In
reply the Secretary sent every paper on
file, but added that there were some others III
his nosscssiOn of a confidential nature which
could not be furnished. The Houses right to
exam inc such papers, though not on file, was
stoutly maintained by that cO,nmittcc III strong
and vigorous language.
But the case of the House Committee was by
no means as clear as is that of the Senate. he
advice and consent of the Senate are necessary
constitutionally to fill an Office. Mr.. Webster
held that the power of appointment ana re-
moval under the Constitution went together.
But aside from that fact there can he no ques-
ton that the Senate in confirming a nomination
in place of an officer removed cannot act wisely
without full official information. Unlike the
House Committee TO which reference has been
made. the Senate has called only for papers on
file. Moreover, it called for those relating tn
the administration of an Office for period oil
one vcar-six months Of the time of the present
incumbent and six months of that OF his pre-
dccessor. Nothing was said about the re-
moval. The reply of the Attorney General
simply takes the broad ground that he Is the
particular servant of the President, who di-
reefs him not to comply with the request Such
a power on the part of the President, as the
Committee states, in the words of Henry Clay,
ais adverse to the genus Of all free govern
ment. the foundation of which is responsible
itv.n 1t further declares that there is no in
stance in civilized government where bodies
representative of the people, or States, have
not the right to obtain complete information as
to every paper and transaction in any executive
department. Numerous precedents are given
in the report, which cannot fail to convince
any fair-minded man of the sOundness and JUS
tice of the SeDate's demand.
The President will probably adhere to his
present unconstitutional and unjust position in
order to cover up the evidence of his broken
promises. The Government archives may CON
tInue to be made the receptacle of false and in
famous charges against public officials, who
may be denied the privilege of rcfutng them
while this Administration lasts. But we do not
believe that the people Of this country will
neglect to provide the remedy. In the mean
time the Senate will act wisely in adopting the
report of the judiciary Committee, and in Civ
ing to it full effect.