National Republican. (Washington City (D.C.)) 1872-1888, 1886-02-19

President himself, to communicate official
facts aud information rs distinguished from
private and unofficial papers, motives,
Views, reasons, and opinions TO either house
Of Congress when Internationally de-
manded Indeed, the carly journals Of tho
Senate show great numbers Of instances Of
directions to the heads Of departments, rs
Of course, to furnish papers and reports
upon all sorts Of offices, both legislative anl
judicial. The instances Of these requests to
the heads Of departments aud President
upon every conceivable subject are almost
iunumerable. IL appears to have been
thought by all the Presidents that even I'm
respect of requests to them, an independent
and coordinate branch of the government,
they were under a constitutional duty and
obligation TO furnish to either house the
papers called for, unless as has happened
In very recent instances, when the request
was coupled with an appeal TO the dis.
CrCtisn Of the President In respect Of the
danger Of publicity to send the papers, II,
inhis judgment, IL should not he incOmpat.
BILE with the public welfare. Even In times
Of the highest party excitement and stress,
Os In 1896 and 1874, IL did not seem to reCur
TO the Chief Executive Of the United States
that II was possible that any official facts or
information existing either in the depart.
ments, created by law, or within his own
possession, could, except as before stated,
he withheld from either OF the houses OF
Congress, although such facts or informa-
tion sometimes involved very intricate and
delicate matters Of foreign affairs, rs well
as sometimes the history and conduct of
officers connected with the administration
Of affairs. An instance OF this character
occurring in 1896 Is cited, when the Senate
was considering whether the United States
should be represented in the congress of
Panama. In this instance the President
decided that the Senate itself should deter
mine what should be considered In open
session.
After citing other instances of similar
character, It is stated that President Tyler.
during his administration, sent n message
TO the Senate, In which he said referring to
Il call for information which had been made
on the Secretaries of War aud Navy
"While ! cannot recognize this call thus
made on the head of the department as
consistent to the constitutional rights OF
the Senate when acting in its executive
capacity, which in such case can only prop
cfly hold correspondence with the Presi-
dent Of the United States, nevertheless,
from an anxious desire to lay before the
Senate all such information as may be
| necessary to enable 1t with full understand
| ing to act upon any subject which may be
| before II, herewith transmit Communca-
tons which have been made to me by the
Secretaries ofs the War and Navy Depart
| ments, in full answer to the resolution of
| the SCnate.h In giving this instance, the
report observes that 1t will be seen that
there was no intimation of a denial OF the
right of either house Of Congress in the
exercise of its general jurisdiction to have
knowledge OF papers In and acts Of a de-
partment of the government, but only a
claim that, when such papers are wanted
in the Executive capacityn of the Senate,
they ought to be called for from the Prcsi-
dent direct.
Commenting upon the reply Of President
Tyler, the report declares 1t to be too clear
for argument that whether the Senate
chooses to conduct its business with closed
doors, or open doors, is matter for It's
consideration, and can have no relation to
the obligation OF the executive departments
OF the government to respond to its call fol
papers or information.
Many other instances similar to those re.
lated are given by the committee, aud the
report continues The committee feels safe
in stating from the research II has made
that the course Of the government has beer
constant and continuous and unchanged
from the beginningEuntil now, and that, IL
its belief, no instance within the principle
and Limitation stated has occurred, In which
calls for official papers and files addressed
either to the President in the form of re
quests, or to the head Of departments In TIL,
form Of commands which have not beer
complied with. But 1t has sometime
happened where the request to thu
President was merely a conditioned
one, leaving 1t to his discretion whethe
the papers should be communicated o.
not that they,have not been communicated
1t would seem to ,be needless, the report
says, to array further presidents out of the
mass that exists in the journals Of boil
houses, covering probably every year Of
the existence of the government. TIL,
practical construction of the constitution
In these respects by all branches of the gov
eminent for so long period woult
seem upon acknowledged principles tc
settle what are the rights and pow
in the exercise of their respectiv,
duties, covering every branch of the opera
tions of the government, and 1t Is sub
mitted with confidence that such rights
and powers are indispensable to the dis
charge of their duties, and do not infrlng
any right of the Executive, and that 1t doe
| not belong to either heals of departments
or the President himself, to take into con
, sideratOn any supposed motives or pur
.. poses that either house may have in calling
for such papert, or whether their posses
, sion or knowledge of their contents coult
! be applied by either house to useful pur
; poses. The jurisdiction of the two houses
of Congress to legislate, and the power T.
advise or withhold advice concernin
treaties and appointments necessarily In
wolves the Jurisdiction to officially know
, every step and action Of the officers of tn
! law and all facts touching their conduct /
the possession Of any department, o
? even in the possession of the Presiden
himself. In concluding, the report asks
"Why should the facts as they may appea
from the papers on file be suppressed
,, it because that being brought to light
would appear that malice and misrepreseu
, tation and perjury are somewhat abund
, ant, or merely that faithful and competeu
! and honorable officers have been suspended
/, and are proposed to be removed under tn
: advice and consent of the Senate, Il
. party men, because they are part
! men, or are the special object {
> party favorY How does 1t happen in thi
time of suggested reform and purer method
in government that, for the first time, II
thought important that the historic aud nc
ministrdtive facts relating to the ofliclI
, and personal conduct of officers of th
> United States should be withheld, and tina
administration Of the government shoul
:, proceed with secrecy and mystery as in tn
,, daysof the star chamber
! "The high respect of consideration thu
the Senate must always have for the excel
. tive Office would make 1t reluctant to adoI
/, either theory. But ct present the impen,
, trable veil remains, and as the committee
unable to suggest any other solution of I'll
riddle, IL must leave II until the veil Is lite
: and the opinions of the government sha
!, again be KNOWN
sin this state of things" the committC
J feels 1t to be its 'clear duty to report fC
) the consideration of the Senate, and Il
, adoption, the above resolutions.
: Appended to the report is statemer
= showing the number OF suspensions by u
President as indicated by the nomln
! tions received at the Senate durln
! the first thirty days Of the preseI
session, being from the first Monda
: in December, 1885, TO Jan. 3, 1886, as 70
! lows Judiciary, 62; finance, n; commerc
: l5l; public lands, ~ territories, 4; India
: affairs, 10; postollces, 27s; foreign relation