The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1886-02-26
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=. X. WISER.
EDMUNDs OPENS FIRE.

munds brought into the senate from the
judiciary committee Al lengthy report
followed 10y set of resolutions on APP
pointments. The report recites the fact
and circumstances of the removal of
Dustin and the appointment of his sue
cessor as United States attorney for the
Southern district of Alabama. Ii de-
clares that il has been the uniform prac-
tice of the Judiciary committee, since
the passage of the tsnurc-oi-oilice act,
to cal; upon the heads OF departments
for all papers and information" in the
possession of the department touching
the conduct and administration of the
officer proposed tn he removed, and the
character and conduct of the person
proposed 10 bc appointed. This has
been done with the unanimous approx
al of all the members. The report
quotes the resolution of the senate call
ing upon the attorney general for the
papers in the aforementioned case,
and his reply thereto, and continues:
TINS letter. at the response 10 and the
direction of the senate, that copies oil
any papers bearing on the subject Will
in gwen period of time Ice transmitted,
assumes that the attorney general of the
United States IL the servant OF the pres
dent, and Is 10 give or Withhold copies
of documents in his office, according Ia
the will of the executive and not other
wise. Your committee Is unable 10 dis
cover either in the original act OF l'Sy
II 80 sNN.aNH a.
or in the act of 1870, creating the depart
ment of Justice, any provisions winch
makes the attorney general OF the Unit
ed States in any sense the servant oil or
controlled bv the executive IN the per
Torrance of the duties lmputcd 10 HIM
by law or nature OF his office. The eN-
ecutive is bound 10y the constitution and
by his oath 10 take care that the laws III
faithfully executed, and he himself IL a.
much bound by the regulations OF law
as the humblest officer in the service oI
the United States. and he cannot have
authority 10 undertake 10 faithfully exc
cute the laws, whether applied 10 his
own special functions or those OF the de-
partments created 10y EN, otherwise
than by causing, 80 far rs ne lawfully
NAV. and 10y lawful methods the heaus
of departments and other officers OF the
United States tu do the duties 10 whlch
the law and not has will has imputed t.
them. The important question, then
ia whether il i within the constitutions
competence of either house of congres:
to have access To the official papers anu
documents in the various public offices
of the United States created 10y laws en-
acted by themselves. Ii NAV be iull\
admitted that, except in respect OF the
department of the treasury, there Is nt
statute which commands the head OF any
department 10 transmit To either mouse
of congress on its demands any intorma
ton whatever concerning the admins
tration OF his department, but the com
mittee believes II tn be clear that from
the very nature OF the powers entrusted
BY the constitution OF the two houses @
congress il l. Il necessary incident ina
either house must have al al times tht
right 10 know all that officially exists oil
takes place in any of the departments
fthe government. The committee feel,
authorized To- state, after somewhat
careful research, that within the iorego'
ing limits there l. scarcely until now any
instance OF a refusal 10y head OF the
department ur even ui the presideh'
himself. To- communicate official iact'
and information ~ distinguished from
private and unofficial papers, motives
views. reasons and opinions 10 either
house of congress when uncondItlnnal'
IN demanded. Indeed the early Journ'
ais of tine senate SHOW great numbers oI
directions Ia the heads ul dcpdrtmcnts
To furnish papers and reports upon al
sorts of affairs both legislative ana exc
cutiye. The instances of requests to the
president and commands 81 the head'
Of departments by each house "f con
cresS from early days until now for pa
pers and information on every conceiN
bile subject OF public affairs are almos
umcrahle, for itappcars To have beer
dlght by all the presidents VINO nave
arried ON the government now Tor al
most a century that even III respect o
/reuuestS To them by an independent
and coordinate branch of the govern
ment they were under constitutions
duty and obligation To- furnish 10 eacl
house the papers called for, unless, Il:
has happened in very rare instances
when the request WAS coupled with al
appeal To the discretion OF the preslden
IN respect of the danger OF publicity Il
send the papers, If, III his Judgement, u
should not be Incompatible win th'
public welfare. The prccedents 10 es
tablish this proposition, many OF which
have been made public, are cited anC
continues "a follows:
The committee feels safe IN stating
from the research IL had made ihat the
course Of the government has been con
tant and continuous and unchanged
rom the beginning until now, ana that
m It's belief, no instance within the prln
iples and limitations before stated ha'
occurred in which cases for Official pa
pers and files addressed either TO the
president in the form of requests, have
not been complied with, but II has some
times happened, where the request u
the president was merely conditional
one, leaving il 10 his discretion whetheI
the papers should he communicated o
not, that they have not been colnmuni
Gated. The practical construction of th'
constitution in these respects 10y al
branches of the government for so Ions
period would seem upon acRnowledg
ed uriDciDlcS 10 settle what are th'
rights and powers of the two houses o
congress in the exercise of their respec
tive duties, covering every branch
the operations OF the government, ant
il il submitted with confidence tina
such right and powers are indispensable,
10 the discharge OfthcIr duties, ana d'
not infringe any right of the executive
and that ii does not belong 10 elthel
heads of departments or 10 the Presl
dent himself To take into consideration
any supposed motives OF purposes ina
either house may have III calling 10
such papers, or whether their possession
or knowledge of their contents could b'
applied by either house To useful pur
poses. The constitution of the United
States was adopted IN the light OF thu
well-knoMn history that even ministers
of the English crown were bound 10 lay
before parliment all papers when de
manded. on pam OF the instant dismiss
al of such ministers through the rapi'
and etfectual lnstrumentallty Oh Il Vol'
of want Of confidence. And the contln
entail congress had for more than tel
wears itself governed the country anC
had control of all papers and records
not by reason of anything expressed II
the articles of the confederation, but by
reason of the intrinsic nature OF the FREE
government. The jurisdiction OF tin
two houses of congress 10 lcgIslatc an'
the mower TO advise or withhold advice
concerning treaties and appointment
necessarily Involves the jurisdiction Il
officially know every step and action o
the officers of the law and all the fact
touching their conduct IN the possession
of any department or even IN the pos
session of the president himself Their
was no need 10 express sucl power
for il was necessarily an inherent incl
dent to the exercise of the power grant
ed. 1t will be observed that IN this IN
stance the call for papers covered per
rod of more than six months, durint
which the regular incumbent of the OF
fee had been discharging its duties AM
also the further period of more than si1
months, during which the person desig
not.d 10 discharge these duties or suS