Savannah morning news. [volume] (Savannah) 1868-1887, 1886-02-09

the President or any member OF his Cabinet
for Information to enable them 90 prosecute
an inquiry, or TO exercise power that they
do.not possess, under the constitution is one
thing.
DEFINED By STATUTE.
The right of this Senate as q part Of the
law making power of the country to ask for
information OF the President or Of any mem
Der OF his Cabinet is conferred expressly by
section 2lS of the revised statutes. In that
section the right Is given 30 either House to
call on the Secretary OF the Treasury for any
documents or public records IN his possession
relating to mattersin in his department of pub
lie concern or relating 60 the discharge OF his
official duty. That statute draws clearly the
distinction upon which rely in the resolution
that nave presented 10 the Senate, between
call by the Senate upon she President or any
member Of his Cabinet for Information IN the
possession of either. or the public records, or
the public documents 10 the possession Of
either.
NO SUCH RIGHT AS IS CLAIMED.
The right of the Senate 60 make that call for
the purpose Of informing them 30 that they
can wisely and properly exercise their legis-
lative powers is conferred expressly by that
section 24S, and that statute upon it's face
shows that the power conferred there upon
either house was a power 30 be exercised by
either house for the purpose of enabling it to
discharge its duty in reference 10 legislation;
but TO cOnstrue that statute, or any other, or
any public law. or constitution, or 10 confer
Ttkllb upon Nnt 0CnhEt 10 EalA lOE lnlOTiuhtkpu
from the President concerning matters be-
longing exclusively to him as the chief eXecu-
tive officer Of the country, such right cannot
be found IN any statute. in any public law, or
in the constitution OF the country.
NATURE OF THE DOCUMENTS.
That statute, section 24s, clearly shows that
the power there conferred is power
conferred upon either House, and iH a
power to be exercised for the purpose | have
stated, to enable either House to discharge its
4 In
relating to the duties Of any public officer, or
to legislate to promote the public service OF
the country. Allow me 10 add, the call that
you make upon the President, or upon any
officer Of the Cabinet, is for public documents.
You do not claim that the Senate can call
upon him for any other than public documents
or public records. The character Of those
documents, and those records, determines the
right of the Senate to their possession. The
character OF these public documents decides
whether the Senate has the right to call for
them.
WHO rs TO BE THE JUDGE.
The use that the Senate intends to make Of
them determines Its right to make the call.
Who s 70 be the Judge OF these documents. as
to whether they are public or prlvate2 Who
is to be the Judge Of whether this information
on the paper in the possession OF the Presi-
dent or q member of hie Cabinet should be sent
to the Senator Who is 60 be the judge Of
whether the Senate mas ia right to call for
them? Some one must lfave the power to de-
termine that question. There can be no i'm
propriety In placing on tie President power TO
determine what the chafacter of these docu-
ments is, and so whether the Senate has the
power to call for them.
Mr.. Sherman held that the idea Of a dis
tinctiOn between papers, public and private,
never occurred until during the present ad-
ministratiOn.
Mr., Pugh-Do you believe that the Senate
has a right to call on the President to furnish
the Senate the facts or snformation on which
IN rtTrfr
Mr.. Sherman-if that Information Is on the
files of any department Of this government, II
is his duty to furnish it to us.
WHOLE HOG OR NONE.
Mr.. Pugh-Have You the riGht to make this
call on the President for such Information TO
enable the Senate to review his action IN
making removatl a.
Mr.. sherman What right has he TO say for
what purpose we shall use the papersP II we
have the right TO Use those papers at all, we
have the right to use them for all they are
worth. Is the President 70 have the right 70
say, 'You shall use those epGoers for one
purpose ana not Tor another" There Is no
such distinction. II the papers are on the
public file, we have a right TO see them. They
may be material or useful.lyI 1 have myself
brought down 60 this Senate chamber great
piles of papers and handed them to different
com mittees, and ne a member Of these com
mittees have called hundreds OF times for
papers from the public files OF the different
departments of then government, and they
we're sent and handed over to me, and re-
ceived by me as public trustee, as much
bound 10 take care OF them and treat them
properly as the head OF any department OF the
government.
REVIEWING THE PRESIDENTS ACTION.
Mr.. Pugh-Does the Senator claim for this
body the right to review the action OF the
President in making removals.
Mr.. Sherman-Iti Is not necessary TO go into
that, but i say so without question, because
il is the law, and believe the law was con-
stitutiOnal when it was passed.
Mr.. Harris-The official tenure act author
ICES the Senate To review in respect to re-
movals; but, as I understand that act, IL ex-
pressy leaves the matter of suspension in
vacation 10 the discretion Of the President.
Does the Senator from Ohio claim that he has
the rlght To review the grounds on which the
President has made a suspension in vacation,
which the law leaves wholly and exclusively
to the discretion of the PresidentY
Mr. Sherman--It is not a question OF wnat
we have a right to review, but what informa-
tiOn we have q right to get from the EXecu-
tive Department. What we viii do wiki these
papers, whether we will steal them or burn
them or destroy them. We Do not allow the
Executive Department to put any inquiries
10 US.
ALL HIS PAPERS PUBLIC.
We would not putany inquiries to the Presi-
dent OF the United States because the inde-
pendence Of that great office demands that he
should not be ina uired OF for hIs reasons, and
spect, but every paper on which he acts. on
any duty whatever, executive or legislative,
Is ours az well as his. Papers filed with him
70 induce the removal of an officer are the
very papers we ought to consider in the very
question of appointment. Whether we sh ~ ID
use them for one purpose or another Is not
now matter OF dispute. II may come up at
another time.
Further In the debate Mr.. Sherman said :
Because we have the power TO try an i'm
parchment case we are a court OF last resort.
We are executive officials also because we
participate, 70 great extent. with the Pres
ident. No appointment can be made in this
government except by and with the consent
Of the Senate.
USING HARSH WORDS,
How Ia that consent to be obtained9 IL IL by
suppression Of papers, or a denial Of informa-
tion2 Is 10 by narrow and false-for ! may
say false-pretextsY Is II by denying the Gus
toms or u century, No. no We ought %
maintain and uphold 20 the utmost the power
Of the Senate for information, stopping only
at the bounds Of courtesy, at the bounds
which the laws OF gentlemuDly prOpriety i'm
pose upon men not 10 press an inquiry where
IL may Impair tho dignity and honor Of an
other branch OF the government Bnt, short
Of that, and only short Of that we are enti-
tied 20 all the information contained In the
departments.
Nominations by the President.
WAsHINGTON, FEB, s-Among the
nominations sent to tho Senate to-day by
the President were the following: VIII
liam &. Davis, Postmaster at Elizabeth
Cifv O. and w II nuruaf AZ Athena