The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-03-02
THE MESSAGE.

THE MESSAGE.
To the Senate Of the United StItes:
Ever since the beginning OF the
present session OF the Senate the diff.
ferent heads OF the government have
been piled with various requests ald
demands from committees OF the Sem
ate, from members OF euch commit
tees, and at last from the Senate itself,
requiring the transmission OF resso ns
for the suspension of certain Off cisls
during the recess OF that body, or f)r
the papers touching the conduct OF
such officials, or for all papers and
documents and papers filed in such
departments in relation to tie man
sgement end conduct OF the offices
held by such suspended off :ials. The
different terms from time to time
adopted in mcking these requests and
demands, the order in which they
succeeded each other and the fact that
when made by the Senate the resolu-
ton for that purpose YVES passed in
executive session, have led to pre-
sumption, the correctness Of which
will, j suppose, be candidlY admitted
that from first TO last the infymation
sought and the papers thus demanded
were for use by the Senate and its
committees in considering the pro-
priety OF the suspensions referred to.
Though these suspensions a.s
my executive acts, based upon
considerations addressed to me alone,
and for which / am wholly RESPONSE
BILE. have had no invitation from
the Senate to state the position which
/ have felt constrained to assume in
relation to the same, or to interpret
for myself my acts and motives in
the premises. In this condition Of
affairs l have forebore addressing the
Senate upon the subject, lest l might
be accused Of tbrusting myself I'M
hidden upon the attention OF thai
body. But the report OF the Com
mittee on the Judiciary OF the Sem
ate, lately presented and published,
which censures the Attorney q General
of the United States for his refusal to
transmit certain papers relating TO a
suspension from office, and which
also, ii correctly interpret it, evince
Misrepresentation OF the position CT
the executive upon the question oil
such suspensions, will, hope, justify
tlis communication"
THE DUSTIN PAPERS.
The President refers to the resolu.
ton OF the Senate calling for the Dus-
tin papers and the reply of the Attor-
ney-General thereto and says: Upon
this resolution and the answer thereto
the issue is thus stated by the Com.
mittee on the Judiciary at the outset
OF the report: "The important ques-
ton, then, is whether II Is within the
constitutional competency of either
House OF Congress to have access to
the official papers and documents in
the various public offices of the United
Suites created by laws enacted by
themselves" / do not suppose that
the public Offices OF the United States
are regulated or controlled in their re-
lations to either House Of Congress by
the fact that they were "created by
laws enacted by themselves" Unjust
be that these instrumentalities were
created for the benefit OF the people
and to answer the general purposes oil
the government under the constitution
and the laws and that they are unin-
numbered by any lien in favor OF
either branch of Congress growing out
OF their construction and unembar-
raised by any obligation to the Sem
ate as to the price OF
their creation. The complaint OF the
committee that access to official papers
in the public offices ia denied the
Senate is met by the statement tina. at
no time has il been the disposition or
the intention of the President or any
department of the executive branch OF
the government to withhold from the
Senate official documents or papers
filed in the public offices. While 1t is
by no means considered that the
Senate has the right in any case to re-
view the act of the executlvein remov-
ing or suspendinga public officer upon
official documents or otherwise, it is
considered that documents and papers
OF that nature should, because they
are official, be freely transmitted 10 the
Senate upon its demand, trusting the
use Of the same for proper and legiti-
mate purposes to the good faith of the
body, and though no such paper or
document has been specifically de-
manded in any of the numerous re-
quests and demands made upon the
departments, yet % often as they were
found In the public offices they have
been furnished in answer to such ap'
plication. The letter Of the Attorney
General in response to the resolution
of the Senate in che particular case
mentioned in the committee report
was written at my suggestion and by
nv direction. There had been no
official papers or documents filed in
his department relative to the case
within the period specified in the res
olution. The letter was intended, by
its description OF the papers and docu-
ments remaining in the custody OF
the department, to convey the idea
that they were not official, and il was
assumed that the resolution called for
information, papers and documents Of
the same character as were required
by the requests and demands which
preceded 1t. Everything that had
been written or done ON behalf OF the
SenaSs from the beginning pointed TO
all letters of a privsts and unofficial
nature rs the objects OF search, if they
were to be found in the departments,
and provided they had been presented
to the executive with view 10 their
consideration upon the question Of
suspension from Office. Against the
transmission of such papers and docu.
ments, have interposed my advice
and direction. This has not been
done, as it is suggested in the COM
mittee's report, upon the assumption
on my part that the Attorney-GeneIal
or any other head Of a department ga
the servant OF the President, and is 10
give or withhold copies OF documents
in his office according to the will OF
the executive and not otherwise"
but because l regard the papers and
documents withheld and addressed to
me, or intended for my use and action,
purely unofficial and private, not in
frequently confidential and having
reference to the performances of duty
exclusively mine. / consider them in
no proper sense as upon the files Of
the department, but as deposited there
rnr f,,v anpxvaufanna ranuininu at'l