Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-03-04
orrrn1znn srANps r1Rm.


4
| day, Gent to Congress special message In
/ relation to papers referring to removals
from office. The message is based on the
majority report of the committee on the
judiciary which censured the Attorney Cen
eral for his refusal to transmit certain
| papers land which," the President adds,
| elf correctly interpret 1t, evinces misap-
| prehension of the position OF the executive
| upon the question OF suspensions, which
| will, hope, justify this communication"
| The President quotes the Senate resolution
calling for "copies Of all documents and
| papers that have been filed in the depart
ment OF Justice since tue first day OF Jan
uary, 1886, In relation to the management
and conduct of the office OF Dissatisfaction
ney OF the United States of the Southern
district Of Alabama" The incumbent OF
this office on the first day OF January,
1885, and until the 18th day OF July,
ensuing, was George NJ. Duskin, who, ON
the day last mentioned, was suspended by
an executive order and John ID. Burnett
designated to perform the duties OF said
office. At the time Of the passage al the
resolution the nomination OF Burnett was
pending before the Senate, and all the
papers relating to the nomination were
before that body for Its inspection and in
formation. The President admits that the
Attorney Generals letter OF refusal was
written at his instance. Upon this resolu-
tlon and the answer thereto the. issue is
at the outset of the report:
1.-THE important question then Is whether
1t is within the constitutional competence
| OF either house of Congress to have access
to the official papers and documents in the
| various public offices of the United States
created by laws enacted by themselves"
OFFICIAL AND PRIVATE PApERs.
The President thinks that the public
offices were created for the people and to
answer the general purposes OF govern
ment, and adds:
1.-THE complaint of the committee that
access to official papers in the public offices
Is denied the Senate Is met by hestatement
that at no time has it been the disposition
or the intention of the President or any de-
partment Of the executive branch of the
| government to withhold from the Senate
official documents or papers filed in any of
the public offices. While 1t is by no means
conceded that the Senate has the right in
any case to review the act of the executive
| In removing or suspending public officer
upon official documents or otherwise, 1t is
| considered that documents and papers of
that nature should, because they are
| official, be freely transmitted to the Senate
upon Its demand, trusting the use of the
| same for proper and legitimate purposes to
the good faith of that body. And though
no such paper or document has been
specifically demanded in any of the
upon the departments, yet as often as they
were found In the public offices they have
been furnished In answer to such applica-
TONS"
AS to the Duskin case there had been no
official documents filed In the department
of Justice within the period specified
Everything that had been written or done
in behalf Of the Senate from the beginning
pointed to all letters and papers Of Il private
and unofficial nature as the objects of
search, II they were to be found in the
departments, and provided they had been
presented to the executive with view to
their consideration upon the question of
suspension from office.
against the TRANSMIT sion of such papers
and documents have interposed my advice
and direction says the President. "This
has not been done, as Is suggested in the
committees report, upon the assumption on
| my part that tho Attorney General or any
head Of Il department 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 docu.
/, ments withheld or addressed to me or in
tended for my use and action purely un.
. official and private, not infrequently conf
dental and having reference to the perform
ance OF II duty exclusively mine. | consider
/ | them in no proper sense as upon the files o
/ the department but us deposited there fo
L my convenience, remaining still completed.
= under my control, / suppose II | desired t
a take Thorn into my custody / might do 81
i with entire propriety, and il ! saw lit to de
/ stroy them no one coul | complain"
d THE sENATE's RI INT DISPUTED.
n The President thinks that it will not h
denied that he may suspend public office
y In the absence OF papers or documents t
aid his Judgment, and adds
= "While, therefore, | am constrained Il
. deny the right of the Senate to the paper
r and documents described so far as tn
u right to the same is based upon the CLAIM
y that they are in any view of the suffice
Q; official, | am also led unequivocally to dis
ia pute the right of the Senate, by the aid G
~ any documents whatever or in any wa
" save through the Judicial process of trial .
g impeachment, to review or reverse the az
10 OF the executive in the suspension durin
OF the recess of the Senate Of Federal officials
10, believe the power to remove or suspen
az such officials IL vested in the Presidet
III alone by the constitution, which in expires
y terms provides That the executive powe
lg shall be vested in President Of tn
u United States OF America and that he sha
le take care that the laws be faithfully ext
u cuted.' The Senate belongs to the legislu
~ tive branch of the government. When tn
u, constitution by express provision supe
81 added to its Legislative duties the right I
y advise and consent to appointments
q
"a it conferred upon that body all the contrt
ik and regulation of executive action SUI
ne posed to be necessary for the safety of til
eh people, and this exp ess and special graz
OF such extraordinary powers, not in an
way related to or growing out of generi
Nv senatorial duty and in itself a departul
On from the general plan of our government
I'd should be held, under familiar maxim
Nd construction, to exclude every other rigl
.ol of interference with executive functions
,et FAITHFUL TO HIS PLEDGES.
10. The President after quoting the statute
IN says that the demands have but one con
III pleXion to assume the rights of the Senat
y to sit in Judgment upon the exercise of o.
In eeutlve discretion and executive functio
an His oath to supportth constitution and
ne duty to the chief magistracy, which mu
"; be unimpaired, compel MIN to refuse ii
no demands. He adds.
ne "To the end that the service may be In
N. proved, the Senate is invited to the fulle
'cr scrutiny of the persons submitted to the
o. for public office. In recognition Of ii
're constitutional power OF that body to advi
~ and consent to their appointment l shi
Us, continue, as / have thus far done,
90 furnish, at the request of the conflrmir
" body, all the information / possess touc
zee ing the fitness of the nominees placed b
ne fore them for their action, both when thu
are proposed to fill vacancies and to tai
ne the place Of suspended officials. Upon
ID refusal to confirm / shall not assume d
~ | right TO ask the reasons for the action
ms the Senate nor question Its determinatio
re- | cannot think that anything more Is l
nm CURED to secure worthy incumbents
Isl public office thana careful and independe
discharge of our respective duties with
ace their well-deflned limits"
ani The President CLOSES with Il declarati
VII that all Of his pledges have been faithful
kept. "There are no grounds" he say
Ior for an allegation that the fear OF bel
KY found false to my professions influences
the In declining TO submit to the demands
tne the Senate. | have not constantly refus
IN to suspend officials AMI thus incurred I
W. displeusure of political friends and !
wilfully broken faith with the people
rks the sake Of being false to them Meth
ere the discoEtent Of Party friends nor I
M allurements constantly offered OF &C
teu 1rmations of appointeel conditioned up
igh the avowul that suspensions have be
teu made on party grounds alone, nor t
~ threat proposed in the resolutions NJ
IN before the Senate that no combinations "
NJ be made unless the demands of that DO
inne be complied with, are sufficient to d
l'y courage or deter me from following in /
way which am convinced leads to bett
government for the people,
EDaUSDs ATTACKS THE MESSAGE.
10 The feeling Of Republican senators abe
r, the message was reflected in the condl
a and remarks of Mr.. Edmunds, when
arose and moved to refer tho message to [
was committee on the judiciary He display
} be considerably more than his usual frigid
our of manner when he said that he regard
min the message as one of the most ra1nnrk nj