The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1886-03-06
the entire absence of any papers or docu-
ments to aid his official .t...-


duu dm 4ulCo prepared 10 aVOW G06C Cne
cases are not few in which suspensions from
office have depended more upon oral repre-
>sentations made to me by citizens of known
good repute and by members of the House
of Representatives and Senators OF the
United States than upon any letters and
documents presented for my examination
l have not felt justified in suspecting the
veracity, integrity and patriotism OF SEN
ators or ignoring their Representations be-
cause they were. not in party utilization
with the ma jority uf their associates, and
l recall a few suspensions which bear the
approval OF individual members identified
politically with the majority in the Senate.
While, therefore, I am constrained to deny
the right OF the Senate to the papers and
documents de cribed, so far as the right to
the same is based upon the claim that they
are in any view OF the subject official I
am also led unequivocally to dispute the
right OF the Senate, by the aid Of any doc
uments whatever, or in any way, save
through judicial process OF trial ON inn
parchment, to review or revise any
act of the Executive in the s,ls-
pension, during the recess of the
Senate. Of any Federal officials be-
lieve the power to remove or suspend such
officials ia vested in the President alone by
the Constitution, which in express terms
provides that 1.-THE Executive power shall
be vested in a President OF the United
States of America and that ';he shall
take care that the laws be faithfully exe-
cuted.' Tbs Senate helongs to- the Legis-
lative branch Of the Government When
the Constitution by express provision
superadded to it's Legislative duties
the right to advise and consent
to the appointment to Office, and
to sit as court OF impeachment,
it conferred upon that body all the
control and regulation OF Executive action
supposed to be necessary for the safety of
the hepeople and this express and special grant
OF such extraordinary powers not in any
way related to. or growing out Of the gen.
eral Senatorial duty, and in itself de-
parture from the general plan of our Gov
ernnent should be held under the familiar
maxim OF construction to exclude every
other right Of interference with the Execu-
tive functions. In the first Congress
which assembled after the adoption OF the
comprising many who aided
in it's preparation, a legislative construc-
tion was given to that instrument in which
the independence of the Executive in mat
ters Of removal from Office was fully srs.
tained.
PRIVATE DOCUMENTS.
Against the transmission of such papers
and documents have interposed my nd
vice and direction. This has not been done,
as is suggested in the committees report,
upon the assumption on my part that the
Attorney General or any other head Of a
Department, SIS the servant OF the Presi-
dent, and is to give or withhold copies OF
documents in his office according to the
and not otherwise but he
cause l regarded the papers and docu-
ments withheld or addressed to me or in
tended for my use and action purely uD-
official a nd private, not unfrequently con-
fdentiai and having reference pri
marily to duty exclusively mine.
| consider them in no proper
sense as upon the files OF the Department,
but as deposited there for my convenience,
still completely under my con-
troll. I suppose il l desired to take them
into my custody I might do so with en-
tire propriety, and if l saw fit to
destroy them no one could complain. The
pa pers and documents that are now
objects Of the Senatee questions consist OF
letters and representations addressed to
the Executive or intended for his inspec-
ton. They are voluntarily written and
presented by private citizens who are not
in the least instigated thereto by any official
invitation or at all subject to
OFFICIAL CONTROL.
While soinc Of them are entitle,! to Execu-
tive consideration. many OF them are
so Irrelevant or in the light ci other
facts 50 worthless that they have not been
given the least weight in determining the
question TO which they are supposed to re-
late. Are all these simnly because tnev are
preserved. to he considered official docu-
ments and subject to the inspection OF the
Senate? II not, who is to determine which
belong to that class? Are the motives and
purposes of the Senate as they are day by
IA, developed such .as would be satisfied
will; my selections? Am | to submit them
at the risk Of being charged with making
from office upon evidenc which
was not even considered? Are these papers
to be regarded official because they have
not only been presented, but preserved in
public offices? Their nature and
are kept i'll the Executive Mansion or
deposited in the Departments, there is no
mysteries OF transulutation in depart
mental custody, nor is there magic in the
and sacred S ,lemnity of the De-
partment files. Ii the presence ,f these
papers in public offices are Il stumbling
block in the way II the performance Of
Senatorial duty it can be easily removed.
The papers and documents which have
been described derive no official character
from any Constitutional, statutory or
other requirement making them necessary
to the performance Of the official duty Of
the Executive.
THE LAW OF THE CASE.
think that it will be found that in the
subsequent discussions OF this question
there was generally, ii not at all times,
proposition pending, to in some way cur
tail this power Of the President by !egisla-
ton, which furnishes evidence tha t to limit
such power it was supposed to he necessary
to supplement the constitution by such
lesisa ton. The first enactment of this
description was passed under the stress Of
and political bitterness which
in the President 9 impeachment.
This law provided that the Federal officers
to which it applied could only be suspended
during Il recess OF the Senate. when they
were shown by evidence satisfactory to
the President to be guilty Of misconduct in
office or crime. or when incapable or dis
qualified to perform their duties; and that
within twenty days after the next meeting
Of the Senate it should ne the duty of the
President to report to the Senate such
with the evidence ard reasons
for his action i'll the case This statute
passed iii 1867, when Congress
was overwhelmingly and bitterly
opposed politically to the President
may be regarded HIS an Indication that,
even then it WAS thought necessary by