, 1886-02-16
THE PRESIDENT AND THE SEN
ATE.

The actual issue in the pending con
troyersy between the president and the
senate has been %willfuly or igDorantly
misrepresented by certain partisan jour
nals. The attempt has been made to
place the administration in a position it
has not taken; to assume that the Dresi-
dent is desirous OF concealing the reasons
for removals; to assume that he desires
10 make a distinction between private
and public paper-between executive
papers and Legislative papers The presi-
dent has officially drawn no such line,
and to INTERCEPT these various assumptions
isA purely partisan scheme to %uanufaet-
ure political capital Phc president has
simply informed the senate through
Attorney General Garland, that he has in
his possession, as the chief executive OF
the nation. certain papers which he is
Withholding because he believes that the
public interests so demand
Is this a new, or strange, or startling
doctrine2 Does not this night appertain
To an executive power The trainers of
the constitution, with their usual fore
sight in creating the judiciary branch
of the government, have vested in it
alone the power Of authoritative dctmi-
ton What have the courts determined
touching the extent of this power
The Washington Faa, IN a recent
issue, furnishes the following on this
point,
The president fthe United States and
the governors OF the several states are not
bound to produce papers OF To disclose in
formation when in their judgment the
disclosure would be iucxpedient on public
considerations. Gray vs.. Pentland ? S.
&28R
In the celebrated case Of the trial of
Aaron Burr Tor treason the president was
called upon to produce a letter in his
POSSESSION lie declined To DO 80 without
assigning a reason ior his refusal
John Marshall the chief Justice of the
supreme court Of the United States, was
The Judge Leiorc whom the examination
was conducted-a man renowned alike as
- iurist and a statesman-and the presi.
dent was Thomas Jcfcnon-one not
likely To refuse to a 30 ordinate branch Of
Of the government it, just tribute Of re-
rpect.
Chief Justice Marshall, in his decision.
said IF there be a paper in the posses
hlou Of the executive which is not of an
official nature. he must stand, as respects
that paper, as any other individual who
Possesses a paper material to the defence.
But letters to the president. in his private
character, arc often written to him in CON
sequence Of his public character and may
relate 10 public concerns. Such a letter,
though it may be a private one. seems to
partake of the character Of an official
paper, and to BE- such rs ought not. on
light grounds. to be forced into public
view.
In this case, however, the president
has assigned no reason whatever Tor with.
holding the paper called for, The pro.
priety of withholding il must be decided
by himself, not by any other Tor him
of the weight If the reason for anc
against producing IL he Is himself th,
judge. IL IL their operation on his mind
not on the mind Of other, which must b.
respected by the court They must
therefore, be approved by himself an,
not be the mere suggestions Of anotheI
for him.
Il not this statement Of a principle AM
Of the rights Of the executive ia a eouAic
between the judiciary aud executiv
equally applicable in a contest betweeI
the legislature and executive upon tn
same point-the production Of papers2
TN =. ..ll..L .. a.. Il..... ..wL.t.