The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1886-03-10
PRESIDENT AND SENATE,
TEE ISSUE BETWEEN TEE TWO IS
Now s0UARELS JOINED,


Of appointment and Removal.
The Presidents message to the Sen-
ate in regard to its demands for papers
was received when the Senate was in
secret session. When it was laid be
fore the body Senator Harris proposed
that it be read with closed doors.
Senators Kenna and Van WycS pro-
tested against this proceeding and de-
nlanded that the doors be opened.
After brief debate Senator Harris
Withdrew his proposition, and when
the doors were opened, the message
was read The following j. its full
text:
To the Senate Of the United States:
Ever since the beginning of thu
present session of the Senate the diff
ferent heads Of departments attached
to the executive branch of the govern
ment have been piled with various
requests and demands from the com
mittees Of the Senate, froul members
of such committees, ana at last from
the Senate itself, requiring the trans
mission of the reasons for fEe suSpen
sion of certain officials during The
recess of that body; or for the papers
touching the conduct of such oficial>;
or for all papers and documents relat-
ing to such suspensions; or for ~;
documents and papers fled in such
departments in relation to the manage
ment and conduct OF the Offices held
by such suspended officials. The diff
ferent terms from tine 10 time adopted
in making these requests, and the de
mands or the order in which they sue
ceeded each other, and the fact thar
when made by the Senate, the resolu-
ton for that purpose was passed IN
executive session, have led to pre-
sumption the correctness Of which
will, suppose, be candidly admitted,
that from the first to the last the i'll
formation thus sought and the papers
thus demanded were desired for use
by the Senate and its committees in
considering the propriety Of the sus-
pensions referred to. Though these
suspensions are my executive acts,
based upon considerations addressed
10 me alone, and for which | am Who'll
ly responsible, I have had no invits-
ton from the Senate to state the posi-
ton which / have felt constrained to
assume in relation to the same or to
interpret for myself my acts and mo-
tives in the premises. In this coudi-
ton of affairs I have foreborne ad-
dressing the Senate upon the subjec!
lest / might be accused Of thrussing
myself unbidden upon the attention OF
that body; but the report Of the Com
mitsee on the Judiciary Of the Senate,
lately presented and published, which
censures the Attornev-General Of the
United States for his refusal to trans.
NIT certain papers relating to suSpen
sions from Office, and whi'h also, If l
correctly interpret it, evinces q mi>-
apprehension of the position Of the
Executive upon the question of such
suspension, will / hope justify this
communication. This report is pred
icated upon resolution of the Senate
directed TO the Attorney General, aud
his reply TO the same resolution was
with the confederation of nominations
for Office. It required the Attorney
General ssto transmit to the Senate
copies Of all documents and papers
thst have been fled in the Department
of Justice since the 1st day of Janu.
ary, 1885, in relation to the manage
ment and conduct Of the Office OF Dis
trict ATTORNEY of the United States for
the Southern District of Alabama"
The Incumbent of this Office, on the
1st dsy Of January, 1885, and until
the 17th day Of July ensuing, was
George NJ. Dustin, who on the da:.
last mentioned was suspended by ex-
ecutive ORDER and Johu D. Burnett,
was designated to perform the duties
OF said office. At the time Of the
passage ;ot the resolution above re-
ferred 10 toe Nomination of Burnett
for said Office was pending before the
Senate, and al! papers relating to said
nomination were before that body TO:
lis inspection and information. III
reply to- his resolution, the Attorney
General, after referring to the fact that
the papers relating to the nomination.
of Burnett had already been sent to
the Senste, stated that he was directed
by the President to say that the papers
aud documents which were mentioned
in said resolution, and still remaining
in the custody of this Department,
having exclusive reference to the sus-
pension by the President of George NJ.
Dus,ia, the late incumbent OF the
Office of District Attorney for the
Southern District of Alabama, it is
not considered that the public inter
ests will be promoted by a compliance
with said resolution and the transmits
sion of the papers and documents
therein mentioned to the Senate III
executive session.
Upon this resolution and the an
swer thereto the issue is thus stated by
the Committee on the Judiciary, at the
outset OF the report: "rhe important
question, then, is whether it is within
the constitutional competence of either
House Of Congress to have access to
the official papers and documents in
tie various public Offices of toe United
States, created oy the laws enacted by
themselves"
I do not suppose that the public
officers Of the United States are regu-
lated or controlled in their relations to
either House of Congress by the fact
that they were 'screated by the law
enacted by themselves" 1t must be
that these instruInentaiities were Gre