The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-03-02

Executive, and not otherwise, /" butbeCausl
! regard the papers and documents with
held and addressed 10 me or intended iol
my uss and action purely unofficial RnC
private, not intrequently confidential, anC
having reference TO the performance OF
duty exclusively mine consider them II
no proper sense as on the tiles oil the de
partment, but as deposited there for my
convenience, remaining still completely
under my control. suppose II | deaireI
to take them into my custody ! might dc
80 with entire propriety, and Il saw R
70 destroy them no one could complain
Thepapetasnd documents thatare now the
objects Of the Ssnate's question consist o.
letters and representations addressed to the
Executive or intended for his inspection
they arc voluntarily written and present
ed by private GitizenH who are not in the
least instigated thereto by any official in
VitRtion or at all subject TO official control
While sOmeOt them are entitled to Execu'
tive consideration many Of them are SC
irrelevant, or in tho light Of other facts
so worthless that they have not been given
the least weight in determining the ques'
tion to which they are supposed to relate,
IMPORTANT QUESTIONS,
Are all these, simply because they are
preserved, to he considered official doCu-
ments aud subject 10 the inspection OF tue
Senator j not, who is to determine what
b.long to this elasS2 Are the motives
and purposes OF the Senate as they are
day by day developed such as would ba
satisfied with my EeleCtion2 Am 10
submit to them at the risk of being
charged With making suspension from
otiice upon evidence which was not even
cOnslderedP
Are these papers TO be regarded eiHcial
because they have not only been pre-,
scented but preserved in the public offices ?
Their nature and character remain the
same whether they are kept in the Exec.
utlVe Mansion or deposited in the de.
partments. There Ia no mysterious power
OF transmitting papers In departmental
custody, nor is their magic Ia the uude-
fined aud sacred solemnity OF department
hles. II the presence OF these papers in
the public illCes Is q stumbling block in
the way Of tue performance Of senatorial
duty It can be easily removed. Tho paperB
and docum ntswhiCh have been desCribed
derive no official character from any con.
stitutiOnAl, statutory or other requirement
making thOm necessary to the perform
Rnce Of the official duty OF the Executive
II will not be denied, ! suppose, that
the President may suspend public officer
in the entire absence OF any papers or
documents to aid his official Judgment and
discretion, and | Am Qnite pTepared to
NVoW that the cases are not few in which
suspensions from office have depended
more upon oral representations made 10
me by Cllizsus Of known good repute and
by members oil the House OF Representatives.
and Senators OF the United States than
upon any letters and documents presented
Tor my examination.
POLITICAL ASPECTS.
l have not felt justified in suspecting
the veraCIty, integrity aud patriotism Of
Senators or ignoring their representations
because they were not In party aiIiliation
with the majority OF their associates, and
| recall 9 few suspensions which bear the
approval OF individual members identified
politically with the majority in the Sen.
ate. Willie, therefore, I an Constrained
TO deny the right OF the Senate To papers
aud documents described, so far "a the
right to the same Is based upon the claim
that they are In any view Of the subject
official, | am led uuequovicallyto to dispute
the right Of the Senate by aid Of any
documents whatever or in any way save
through the judicial progress Of trial or
impeachment to review or reverse the act
Of the Executive, in suspension during
the recess oi the Senate Of Federal oill.
Cials. IbelieVe the power 10 remove or
suspend such officials is vested In tho
President alone by tho constitution, which
in express terms provides that "the Fx.
ecutiVe power shall hs vested In q Presi.
dent OF United States OF America" aud
that "hs shall take care that the laws be
faithfully executed"
The Senate belongs 10 the legislative
branch ot the Government. When tho
Constitution by express provision super.
added To Its legislative duties the right to
advise and consent to appointments TO
office and tosit as court Of Impeachment,
II conferred upon that body oil the con.
troll and regulation Of executive action sup.
posed 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 the growing out ot general
senatorial duty, and In itself departure
from the general features oi our Govern.
ment, should be held under familiar
maxim Of construction TO exclude every
other right oil interference with executive
functions.
TUE POWER OF THE EXECUTIVE.
In the first Congress which assembled
after the adoption Of tao constitution,
comprising many who acted in It's pre-.
paration, q legislative construction was
giyen To that instrument, In which the
Independence Of the Executive in the mat.
ter Of removals from Office was fully sus.
tanned.
/ think II will be found that In the
subse quent discussion OF this question
there was generally, II not at all times, q
proposition pending To In some way con.
troll this power OF the President BY legis.
lstlon which furnishes evidences that to
limit such power II was supposed TO be
necessary 10 supplement the constitution
by such legislation.
Inc hfBt enactment OIL TINS description
was passed under stress Of partisanship
and political bitterness WHICH Culmipptod
in the Presidents impeachment. This
llaw provided that the Federal officers 10
which II applied could only be suspended
during the recess Of the Senate when
shown by evidence satisfactory to tho
President 10 he guilty OF misconduct In
office, or when Incapable OF disqualified
TO perform their duties, and that within
twenty days alter the next meeting Of tho
Senate Il should be the duty Of tho
President 10 repor; 10 the Senate such
suspension with the evidence and reasons
for bis action In the case. The statute
passed In 1857, when Congress was over.
whelmlngly and bitterly opposed polite.
ally 10 The President, may be regarded az
an Indication that even then II was
thought necessary by o Congress deter.
mined upon the ubDugation Of the Exec.
utive 10 the legislative, will be found 10
furnish itself q Law Tor that purpose In.
stead Of attempting 70 reach the object 10.
tended by an fhyoCation Of any prelehded
constitutional right