Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-02

eo 70 all letters and papers of a private and
unoihclai nature as objects OF the search, II
they were to be found in the departments,
ana provided they had been presented 10 the
Executive with view 10 their consideration
upon the question of suspension from office.
TIE REFUSAL TO COMPLY.
Against the Transmission OF such papers and
documents have int, rpOsed by advice and
direction. This has not been done, as is sug-
gested IN the committees report, upon The
assumption on my part that the Attorney
General, or any other head Of a department,
rs the servant Of the President, and is to give
or withhold copies OF documents in his office
according to the viii OF the Executive. and
not Otherwise" but because j regard the
papers and documents Withheld ana addressed
10 me, or intended. lOr my use and
action as purely unohicial aud private, not
lntrequently Canfiaentials and having re-
ference TO the performance Of 2 duty eX-
ciuslVely NINE. i consider them m no proper
sense as upon the fles OF the department, bat
as deposited there Tor my convenience. re
malning still completely under my control.
suppose II l desired 70 take them into nv
custody might do so with pfOpriety, and II
saw lit to destroy them no one could complain.
CONCESSION OF THE SENATE.
Even the Committee in its report appears
to concede that there may be with the Presi-
Gent, or IN the departments, papers and docu-
ments which, or account OF their unof1eial
character, are not subject TO the Inspection OF
Congress. The reference in the report 90 lu-
stances where the House Of Representatives
ought not to succeed in the call Tor the pro-
ducticn OF papers Is Immediately followed by
this statement: THE Committee feels author
lied TO state, after somewhat careful r.
search. that within the former limits thafe
is scarcely in the history ot this
government until now auy instance of
refusal oy head OF a department, or even
by the President himself, to communicate
othclal facts and information, as distinguished
from private and unofficial papers, motions.
views, reasons and opinions TO either House
Of (,OnWrpga Wbpna upVQndif IOuHllN tic
manded."
THE PAPERS IN DISPUTE.
To which Of the classes thus recognized do
the papers and documents belong that are
now the ject OF the Senate's quest? They
consist OF letters and represen tatiOns. adj
dressed co the Executive, or intended for
HE inspection. They arc voluntarily writ
ten and presented by private citizens,
who are not in the least instigated
thereto by any official invitation or
at al subject to official control. While some
OF them are entitled to Executive cOnsidera-
tion, many OF them are so irrelevant or IN the
light of other facts 60 worthless, that they
have not been given the least Welght IA del er-
mining the question TO which they are sup
posed TO relate. Are all these, simply because
they are preserved, to be considered ofheial
ton of the Senator Ii not, who Is to
determine which belong TO this elassY
THE sENATE's MOTIVES.
Arc the motives and purposes OF the Sen
ate. as they are day bv day developed, such
as would be satisfied at my selectiOng Am
so submit to theirs at the risk of beingcharged
with making a suspension from Office upon
evidence winch was not even consdere0g
Are these papers to be regarded as official
because they have not only been presented
but preserved in the public offices? Their ma
turo and character remain the
same whether they are kept N
the Executive Mansion or deposited
in the departments. There is no mysterious
nf franHmmEafiOu in BQna
tody, nor is there magic in the underlined and
sacred solemnity of the department flies. II
the presence OF these papers in the public
offices IS a stumblIng block in the way of tho
performance OF Senatorial duty, it can be
easily removed. The papers and documents
which have been described, derive no official
character from any constitutional, statutory
or other requirement making them necessary
to the performance of the Official duty OF the
Executive.
PAPERS NOT NECESSARY,
1t will be not denied suppose. that the
President may suspend public officer In the
entire absence of any papers or documents tD
and his official judgment and discretion, and
am quite prepared to avow that cases are not
few Ia which suspensions from Office have de-
pended more upon ora! representations made
TO me by citizens Of known good repute, and
by members OF the House Of Represen-
tatives and Senators OF the United
states, than upon auy letters and documents
presented for my examination. j have not
rity and patriotism of Senators or Ignoring
their representations, because they were not
in party aililiation with the majority of their
associates, and 1 recall a few suspensions
which bear the approval Of individual mem
bers identified politically with the m8iOriiy in
the Senate. While, therefore, | am con-
strained to any right OF the Senate TO the pa
ners aud documents described, so far
as the right TO the same Is based on the claim
that they are in any view Of the subject OIL
cIal. 1 am also led unequlvoeany TO dispute
the right Of the Senate 10y aid OF any dOcu-
ments whaev or in any way, save through
the judicial process of trial on impeachment.
to review or reverse an act of the Executive in
suspension during recess OF the senate OF
federal officials.
WHERE THE POWER LIES.
believe the power to remove or suspend
such officials Is vested in the President alone
by the constitution. which in express terms
provides that "the executive power shall lie
vested in p President Of the United states Of
America" and that "he shall take care that
the laws be faithfully executed"
THE sENATE's PROPER PLACE.
The senate belongs to the legislative branch
of the government. When the cOnstitutiophy
express provision superAdded 10 lts legislA-
tive duties the right 10 advise and conscnt 10
appointments 10 Office, and 70 sit as cuurt Of
Impeachment. 1t conferred upon that body
all the control and regulation or eNcHtlhe
action supposed to be necessary for the safety
of the people. and this express and special
grant OF such extraordinary powers not in
any way related to or growing out OF general
Senatorial duty and in itself departure from
the general plan of our government should be
held under the familiar maxim OF the con-
structOn to exclude every other right OF
interference with executive functions. In the
first Congress which assembled after the
adoption of the constitution, comprising
many who aided in its preparation. legislative
construction was given 10 tnat instrument IN
which the independence OF the Executive IN
the matter Of removals from office was fully
sustained.
PROOF or HIS CORRECTNESS.
! think 10 will be found in subsequent dis
cussions OF this question that there was gener-
ally, II not at al ttmcs. a proposition pending
TO In some way curtail this power Of the Prs
dent by LEGISLATION, which furnishes evidence
that 10 limit such power 10 was supposed 70 be
necessary TO supplement the constitution by
such legislation. The first enactment OF this
description was passed under stress
OF partizanship and political bitterness
which eliminated In the Presidents impeach-
ment. This law provided that the Federal
officers 10 which lt applied could Only be sus-
pended during the recess Of the Senate when
shown by evidence satisfactory TO the Preri-
dent TO be guilty OF misconduct in office or a
crime, or whca incapable or dirquallhci to
perform their duties, and that within twenty
days after the next meeting Of tho senate ~
should be the duty OF the President $50 report
20 the Scnae such auspensiOn, with the evi-
dence and reasons for his action in the case"
TUE STATUTE or 1867.
This etatute passed In 1857 when Congress
was Overwhelmingly and bitterly opposed
politically TO thc President may be
ev4n thon IL tvna thnuwht uneoaaarv