The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-03-10


Jury, il would have been its duty (
ind out how Dustin had admins
tered his Office. Senator Edmund
taid that in spite OF sundry missla {
ments in the public press and by tn
President and by the minority OF tn
Judiciary Committee, the case, as
stands, ie that the President has sske,
the Senate TO consent to the remoya
OF Dustin and the appointment O
Burnstt. Besides, it was not for tn
President to determine what paper
were relevant; that was discretionary
with the Senate. Senator Edmund
did not think the waTmest administra
ton man would say that il was am
part OF the duty OF the President O
head of a department 10 determin,
whether official information in the de
psrtment which was required BY
either House of Congress was to be fu.
nished or withheld, according to the
opinion OF the officer that they would
or would not be useful TO them il
their deliberations. The papers
called for in this case we're papeiI
filed in the department, and the
law made the Attorney G eneral, and
not the President the custodian
Of those pap ere, and required him to
preserve them. Every paper ad.
dressed TO the officer exercising the
official function of suspension, upon
that topic, must be an official paper,
no matter how vile or false il may be.
II did not belong 10 the man, whether
President or ACKNOWLEDGEMENT, but to
the officer in his character as an eff
Ger. The Acknowledgement gave no
hint that any part of thepapers called
for were private or unofficial, or even
confidential papers. Official papers
we're called for, and such papers only
were spoken OF in the response. But
the papers were refused because they
would not only give the facts, but
would enable us to undersfand the
reasons OF the President for exercis-
ing his official act; therefore, the pro-
position was that the Senate, being
called on in the exercise of its juris-
dicion to judge Of the official
conduct Ct Dustin-the Presi-
dent having already been called
on, within his jurisdiction, to
pronounca Judgment on a similar
question about the sane man, the
Senate could not have the papers, be-
cause II it did they would disclose the
grounds on which the President
acted. "If that" said Senator Ed
munds, sis not a proposition which
would s'agger the credulity and amaze
the understanding OF any intelligent
man in a government OF law or in a
government of reason, l am quite una
BILE to comprehend what would be-"
"All the operations Of the govern
ment," Senator Edmunds continued,
"were executive, and had it come to
this, that because the President was
the chief executive officer CT the gov
eminent Congress could know nothing
as 10 the facts and circumstances re-
lating to the execution Of the laws,
because, ifsthey did, they might be
able to comprehend the motives or
reasons of the President in carrying
out the laws. Why, such a statement
was shocking-yet that was the logic
of this whole thing. The jurisdiction
of Congress was infinitely broader
than that OF the President. His was
executive power. Congress made the
laws, and when the constitution COM
msnds him TO give Congress infofma-
tion on the state of the Union it
says he shall do it, had reference ID
the universal power of knowledge Of
the two houses of CONGRESS in respect
to every operation of the government
and every one OF its officers. "That
is the state of the Union" The
state of the Union is made up of
"every drop in the bucket" Of the ex-
ecution Of every law and the perform
ance OF every officer under the law.
There was no one thing, no one sub
iect, that represented the "state OF the
Union" Il was the condition of the
government, and every part Of II, not
only its legislative parts--about which
the President could communicate no
information without impertinence, for
the constitution had declared that the
two houses were to regulate them
selves-bu. be was to give to Congress-,
and was positively commanded to do
80 from time to time, information on
the state of the Union, and that
is because Congress was entitled
TO have it every time they called
for it, and he violated a positive
of the constitution whAn,
on constitutional call in the
regular way he omitted to do it. That
was the reason why, since the begin
ming Of the government, when either
house is seeking for information, sup.
posed that there might be as question
as to the propriety Of an undue dis
closure of some confidential fact
which they were entitled to know
had usually left it to the President to
send the information Just then
or not, according to his judgment,
and so he Senator Edmunds) msln-
tanned that either house OF Congress
has a right to know everything that
was inthe Executive Departments of
the government. He would state the
EXTREMIST case possible, and that
was either house calling on
the President or the Secretary
Oh bb1t6 IOT lutOTmdtlO0 AB 10
the disbursement Of the contingent
fund for the payment OF the expenses
Of foreign intercourse, which was or
called a secret service fund.
There the money Of the people was
appropriated under the law which
said that voucher OF the President
Of the United States should be evil
ience 10 the accounting officers of the
Treasury that the money had been
expended, while in the state
snt the real vouchers re-
NAMED which showed for what the
had been expended. Now,
then, suppose some President two
Or three years ago, when we
appropriated 100000 or 100000 for
he contingent expenses Of the depart
nent Just preceding an election should
rave turned into tue Treasury a lump
voucher for the whole. amount. Sup
pose at the next meeting of the SEN
tie and House OF Representatives they
hould be of the opinion that the Sc
iurity Of good government, and as a
,uard against any corruption or i'm
proper use ofithGt money, it was neo-
ssary to know what became of it,
|, ould it be within the power of the
K cretary of State or the President Of