Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-02-09

tuition is one thing. The r1gnt
Of this Senate as part OF
the law.makiDg power Of The
country 10 ask for information
Of the President or OF any member OF
his Cabinet. is conferred especially oy
section 24s Of the Revised Statutes. In
that section the right is given to either
house to call on the Secretary OF the
Treasury for any documents or public
records in his possession relating to
matters in his department OF public
concern or relating TO the discharge OF
his Official duty. That statute draws
clearly the distinction upon which ]
rely ia the resolution that ! have pre-
sented 10 the Senate between call By
the Senate upon the President, or any
member of his Cabinet, for information
in the possession Of either, or public
records or public documents in the pos
session Of either. The right Of the Senate
TO make this call for the purpose OF in
forming them so that they can wisely and
properly exercise their legislative pow
eTs is conferred expressly by tia, section
l24S); and that statute upon its face
shows that the power conferred there
upon either house was power to be
exercised by either house for the pur-
pose Of enabling it to 70 discharge its
duty in reference to legislation
but to construe that statute, or any
other, or any public law or constitution,
50 as to confer the right upon the Sen
ate TO call for information from the
President concerning matters belong
ing exclusively to him as the chief eK-
ecutive officer Of the country-such
right cannot be found in any statute.
in any public law, or in the Constitu-
ton OF the country. That statute, sec
ton 24s. clearly shows that the power
there conferred is the power conferred
upon either house and is the power 10 be
exercised for the purpose have stated,
10 enable either house to discharge its
duties in the preparation Of public lay
relating to the duties Of any public
officer, or to legislate to promote the
public service Of the country.
Allow me to add that the call that
you make upon the President. or upon
snv 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 re-
cords. The character OF those docu-
ments and those records determines the
right of the Senate to their possession.
The character Of these public docd-
ments decides whether the Senate has
right 10 call for them. The use that the
senate intends TO make Of them deter
mines its right to make the call. Who IS
10 be Judge Of these documents as TO
whether they are public or private!
Who is 10 be Judge Of whether this IN
formation or papers in the possession
Of the President, or member OF his Cab!-
net. should be sent to the Senate Who
Is TO be Judge Of whether the Senate has
the right to call for them: Some one
must have the power TO determine that
question. There can be no improperly
IN placing on the President power to
determine what the character Of these
documents is, and see whether the Sem
ate has power to call for them.
Mr.. Sherman held that the idea Of a
distinction between papers public and
private never occurred until during the
present Administration.
Mr. Pugh: DO you believe that the
Senate has the right to call on the Pre-
.ident to furnish the Senate facts or in
formation on which he acted in making
removals or suspensions?
Mr.. Sherman II that information Is
on the files Of any department Of this
Government it is his duty to furnish It
10 US.
Mr.. Pugh Have you the right 10
make this call on the President for such
information TO enable the Senate TO re-
view bis action in making removals:
Mr.. Sherman: What night has he TO
say for what purpose we shall use the
papers, If we have the right to use
those papers at all, we have the right
10 use them for all they are worth. Is
the President TO have the right TO say
d" You shall use those papers for one
purpose and not for another: - There
! is no such distinction. If papers are
on public file we nave a right to see
them: they may be material or useful.
| have myself brought down to this
senate chamber great piles Of papers
and handed them 10 different commit
tees. and as member Of these commit
tees have called hundred times foI
| papers from the public files Of the diff
'erent departments Of the Government,
and they were sent-hAnded over TO ne
and received by me as q public trus.
tee. as much bound TO take care Of
them and treat them properly as the
head of any department Of the Govern
| meni.
Mr.. Pugh Does the Senator claim
for this body the right to review the
seton Of the President in making re
movals:
Mr. Sherman Ii is not necessary L
20 into that but | say so withou
question, because it is the Law, and
believe the Law was constitutional gkeI
1t was passed.
Mr. Harris : The official.tenu.e act
authorizes the Senate to review in re
spect to removals but as | understand
that act it expressly leaves the matte
Of suspensions IN vacation to the dis
cretion Of the President. Does th
Senator from Ohio claim that be la
the right to review the grounds or
which the President has made a sus-
pension in vacation, which the Law
leaves wholly and exclusively 10 the DIS
erection OF the President:
Mr.. Sherman 1t is not question o
shat we have a right to review, 90
what information we have a right =
get from the Executive Department
what we will do with these papers
whether We will steal them or bur
them or destroy them We do not a.
low the Executive Department to pu
any inquiries TO US We would not pu
any inquiries to the President Of tn
United States, because the independ
ence Of that great Office d.
mands that be should not be II
auired Of for his reasons; demand
that be should be treated with respect
but every paper on which be acts, c