St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-02-19
The Senator From Vermont Makesan Ex-
haustiVs Report on the Presidents
Prerogatives.
Garland's Refusal to Furnish Papers Sub
versive Of the Fundamental Principles
of Government.
The Senate Should Refuse 10 Confirm
When Papers Are Not Forth
coming.
Severe Structures Upon the Civil Serv-
ice Paragraph In the Presidents
Message.
The Edmunds Resolutions.
Special to the Globe.

general refusing 10 send to the senate pa
pers relating 10 the suspension of District
Attorney Du stin of Alabama went to the
senate in open session to-day. But few
Of the senators will know what il
contains until they read the Record to-mor-
row. The report opens up the question
OF the relations of members of the cabinet
TO the president on one side, and to con-
greSs on the other. There is a
text here for the able constitu-
tiOnal lawyers to preach about for a
week when they are out of other topics. 1t
may occur TO some people that Mr.. Ed
munds' parallel drawn from the British con-
StitutiOn is not entirely TO the point, for the
executive in this country. being created by
popular vote. there is not the reason that
exists in England,fOr making the cabinet
responsible to the legislature. and while the
British ministry is a committee made up of
members OF parliament, the American
cabinet cannot consist of members Of con-
greSs-
THE REPORT IN FULL.
WASHINGTON, Feb. Ex-senator Ed
munds to-day brought into the senate from
the Judiciary committee a lengthy report
followed by a set of resolutions on appoint
ments- The report recites the fact and
circumstances of the removal of Dustin and
the appointment of his successor as United
States attorney for the Southern district of
Alabama Ii declares that il has been the
uniform practice of the judiciary commit
tee, since the passage of the tenure-of-Ofice
act To call 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 TO be removed, and the character
and conduct of the person proposed To be
appointed. This has been done with the
unanimous approval of all the members.
The report quotes the resolution of
the senate calling upon the attorney gen
eral for the papers IN the aforementioned
case and his reply thereto, and continues:
SERVANT OF THE PRESIDENT.
This letter, at the response 20 and the d.
rection OF the senate, that copies of any
papers bearing on the subject within given
period OF time be transmitted, assumes that
the attorney general OF the United States is
the servant of the president, and is TO give or
withhold copies of documents in his Office,
according [ o the will of the executive and not
otherwise. Your committee is unable to dis
cover either in the original act of 1859 Great
| ing the Office of attorney general. or in the
act of 1870, Creating the department of jus
| tice, any provision which makes the attorney
general of the United States in any sense the
| servant of or controlled by the executive in
the performance of the duties imputed TO him
| by law or nature of his Office. The executive
is bound by the constitution and by his oath
/ 10 take care that the laws be faithfully exc
| cuted. and he himself is as much bound by the
regulations of law as the humblest officer in
the service of the United States, and he can
not have authority to undertake 10 faithfully
execute the laws, whether applied TO his own
/ special functions or those of the depart
ments created by law. otherwise than by
causing, so far he lawfully may. and by
lawful methods the heads of departments and
| other officers of the United States TO do the
duties 10 which the law and not his will has
/ imputed to them. The important question,
then, is whether IL is within the constitu-
tional competence of either house of congress
| TO have access 10 the official papers and docu-
ments in the various public offices of the
| United States created by laws enacted by
themselves IL may be fully admitted that,
| except in respect of the department of the
treasury, there is nostatute which commands
the head of any department TO transmit 10
| either house OF congress on its demands
| ANY INFoRMATIoN WHATEVER
! concerning the administration of his depart
ment, but the committee believes IL to be
clear that from very nature of the powers
1 entrusted by the constitution of the two
houses OF congress il is a necessary incident
| that either house must have at all times the
right 10 know all that officially exists or takes
| place in any OF the departments OF the gov
|
| state. after somewhat careful research.
that within the foregoing limits there is
scarcely until now any instance of refusal
/ by a head of the department. or even of the
/ president himself, TO communicate official
| facts and information as distinguished from
| private and unofficial papers. motives, views,
| reasons and opinions TO either house of con-
| greSs when Internationally demanded. In
| deed the early journals of the senate show
great numbers OF instances of directions to
| the heads OF departments TO furnish papers
| and reports upon all sorts of affairs, both
legislative and executive. The instances of
| requests TO the president and commands of
| the heads of departments by each house of
| congress from early days until now for
| papers and information on every conceivable
| subject of public affairs are almost innumer-
I able, for IL appears TO have been thought by
/ all the presidents who have carried on the
government now for almost a century that
1 even in respect of requests TO them by an in
| dependent aud coordinate branch Of the gov
ernment they were under a constitutional
i duty and obligation TO furnish 10 each house
i the papers called for, unless, as has hap
| pened in very rare instances, when the re-
quest was coupled with an appeal TO the
| discretion of the president in respect OF the
danger OF publicity to send the papers. If, in
/ his judgement. IL should not be incompatible
with the public welfare.
THE PRECEDENTs
to establish this proposition, many of which
have been made public. are cited and dis
cussed at great length, and the report con-
tinues as follows:
The committee feels safe in stating from
the research IL had made that the course Of
! the government has been constant and con-
tinuous and unchanged from the beginning
until now, and that. in its belief. no instance
within the principles and limitations before
stated has occurred in which cases for official
papers and files addressed either TO the presi-
/ dent in the form of requests, have not been
complied with. but it has sometimes hap
| pened, where the request 10 the president
/ was merely a conditional one, leaving it TO
his discretion whether the papers should be
/ communicated or not, that they have not
| been communicated. The practical construc-
ton OF the constitution in these respects by
| all branches OF the government for so long q
period would seem upon acknowledged prin-
I ciples TO settle what are the rights and pow
ers of the two houses of congress in the ex-
ercise OF their respective duties, covering
/ every branch of the operations OF the gov
! ernment, and IL is submitted with confidence
i that such right and powers are indispensable
i 70 the discharge OF their duties, and do not
/ infringe any right of the executive. and that
! il does not belong to either heads OK depart
ments or TO the president himself TO take into
consideration any supposed motives OF pur-
/ poses that either house may have in calling
for such papers, or whether their possession
/ OF knowledge of their contents could be APP
/ piled by either house 10 useful purposes
/ The constitution of the United States was
adopted in the light of the well-kIown his
| tory that even ministers of the English crown
were bound TO lay before parliament all pa
| pers when demanded, on pain Of the instant
/ dismissal OF such ministers through the
/ rapid and effectual instrumentality or
vote of
WANT OF CONFIDENCE
And the continental congress had for more
than ten years Itself governed the country
ana had control OF all papers and records, not
by reason of anything expressed In the arti-