Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-03-13
FORTY-NINTH CONGRESS-.
First Session,
SENATE.
WASHINGTON. March l2.

SENATE.
WASHINGTON. March l2.
The Senate resumed the consideration of
the bill to forfeit part of the lands granted to
the State of Iowa in aid of railroads.
After some debate Mr.. Spooners resolu-
ton was agreed to-Yess, 80; nays, 19.
After considerable discussion the bill
passed.
The chair then placed before the Senate
the resolution reported from the judiciary
committee on the relations between the Pres
ident and Senate IS to the right of the Sem
ate to have papers and information relating
to suspensions from office.
Mr.. kenna took the floor and addressed the
Senate in opposition to the report of the ma
Jorlty of the committee.
Mr.. kenna said he would take the issue as
the senator from Vermont had stated it. Is
this body as a part and parcel coordinate
branch OF the government entitled to call upon
the executive department in any one of its
forms or divisions for and TO receive in re-
turn such documents and papers as come
within the definition of public and official
papers az laid down by the senator from
Vermont! That as a primary proposition
was the issue involved here today. The
country knew. Mr.. Kenna continued, that the
senator from Vermont was a lawyer of abil-
lty and senator of ability. The senator
from Vermont himself knew that after long
years of service in this BODY and the promi-
nent position he had occupied in it the press
would give respect to utterances from him
which the prople would have a right to re-
ceive and respect as IN the nature of judicial
declarations. Who would undertake to say
that any citizen would question a statement
Of facts ma6a tho Nnnr bv fba
from Vermont? The honor which reached
that measure in this life was not to be dis
pissed, but it was honor that carried with it,
or ought to carry with it, full measure of
responsibility.
Mr. Kenna then quoted from the language
of the majority report of the committee and
from Mr.. Edmunds' recent speech to the eff
feet that the President Andrew Jackson
like all of his predecessors and like all of his
successors until today, felt bound to and did
give to both houses of Congress every infor-
nation they ever called for, except in the in
stance of President Washington, who, while
the treaty was pending before the Senate,
was called on by the House for papers and
information about it, which President Wash
ington declined ''on obvious grounds" to fur
nish. Mr.. Kenna denied that treaty was
then pending and read from the proceedings
of Congress and the Presidents message to
show that copy of the treaty had been sent
to Congress March l, 1895, with the an
nouncement of its ratification, while the
House resolution, asking for information
about it was not adopted until March oath.
Besides, he said. the House resolution was
especially excepted from the call and the par
ticulars as under any existing negotiations.
President Washington was in the executive
chair and his reply to the call of the House
was at does not occur to me that an in
specton of the papers asked for can be rele-
want to any purpose, under the cognizance of
the House of Representatives, except that of
impeachment which the resolution has not
expressed" Therefore, it is the first time
that President of the United States, with
sole regard for the maintenance. dignity and
prerogative of his high office, declined to aid
the proposed intermeddling by the House
with something that didn't concern it.
Mr. Kenna was surprised that Mr.. Ed
muncs should have said that on the refusal
of President Jackson to send to the Senate
the papers in the Wirtz case there had been
an end of the matter between President
Jackson and the Senate a to papers relating
to appointments. He (kenna) presumed
Mr.. Edmunds must have forgotten the bitter
fight between that President and Congress on
moval of the secretary of the treasury by
President Jackson for the purpose of effect
ing the removal of deposits from United
States banks. Papers were asked for and
the President in a message informed the Sem
ate that he had yet to learn on what constitu-
tional authority that body had right to re-
quire him to comply. He declined compli-
ance. President Tyler also declined the re-
quest of the Senate for papers touching the
removal of an officer. OF course, Mr.. Kenna
said, no man denied the right of the Senate
to call on the President for private paper,
even a private letter in his pocket, but
no rational man would deny the Presidents
equal right to decline to send it if he
choose so to do. Mr.. Kenna quoted also
from the message of President Grant to the
House of Representatives dated May 4, 1876,
declining to furnish certain Information which
he said related exclusively to the executive
function. He also read from letter of Mr.
Sherman when secretary of the treasury re-
lating to the removal of MIR. Arthur from the
collectorship of New York. In that letter
Mr.. Sherman said that to make an official
reply would compel him to disclose certain
matters in papers of confidential character
filed in the department and require him to
discuss questions ''totally immaterial to the
nominations sent to the Senate" also that
no law requires the President to give reasons,
etc. After citing other illustrations, Mr..
Kenna stated what he believed to be the
simple truth, namely, that the true question
at issue was whether the President should be
allowed in the fullflment of his obligations
to the people to administer the government
through agencies of his own choice or be
compelled by the obstructive power of the
majority of the Senate to administer and be
responsible for the government through
agencies not of his own choice. not only so