The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1886-03-05
THE SENATE DEFlED.


President Cleveland Promulgates a
Lengthy Document Fiat1y Refusing to
FURNISH Jfiofsiciai Papers Bearing on Re-
saovals FROM Ofice-Tf:e senate Strikes
Back by Declining &c Confirm Several
Nominations.
WASHINGTON, March 2-The President
sent to the Senate yesterday a message
stating his position in relation to the sus-
pension of officials and defending his action
ID refusing to Bend to the Senate papers On
file in departments upon which it is as
sumed by the Senate that the suspsn-
sions of certain officials are based The
message was read in the open session OF
the Senate. It is as follows:
To THE SENATE OF TIE UNITED STATES.
Ever since the beginning of the present ses-
sion of the Senate the different heads IF the
departments attached to the executive branch
OF the government have been pied with vari-
GUS requests and demands from committees
| OF the Senate. from members of such
comm ttees, and at last from the Seuate
itself, requiring the transmission Of fea-
sons for the SUSPENSION 6f certain officials
during the recess OF that body, or for the
papers touching the conduct Of such officials.
or for all papers and documents relating to
such suspensions or for all documents and
papers filed in such departments in relation
TO the management and conductO the Offices
held by such suspended efiiciali. The
inherent terms from time To tine adOpfe d
in making these requests and demands, the
order in which they succeeded each other,
ana the fact that when made b. the Senate
the resolution for that purpose WIS pas se1 in
executive session, have led to prcsu nDtion,
the correctness of which Will, / suppose, be
caDdidls admitted that from first 10 last the
informal on thus sought and the papers thus
Hk.Mllndad fho Gnglot Ia
committees i'll consider ng the brobriety of
the suspensions referred TO-
Enough those suspensions are my executive
acts, based upon cOf!sideratiGris addressed
to me- alone, AMI for which am wholly re-
spoons BILE, l have mad no invitation from the
Senate to state the pos.tiou which l have
felt constrained to assume in relation to
the same, or to interpret for myself
my acts apl motives IN the premises.
In this condition of affairs have fofborne
addressing the Senate upon this slibject lest
IN ght be accused o. thrusting myself tinbd-
den upon the attention of that body. But
the report of the Committee on the Jud ciary
OF the Senate lately presented and published,
when censures the Attorney -General Of the
United states for his refusal to transmit GER
tain lperS felating 10 q suspens on from Of
flee, and which ALSO if | correctly in erpret t.
evinGeS misrepresentation OF the pos ton of
the Executive upon the question OF such Sus
pensions, will, nope, Justify this communion
ton.
The President refers to the resolution Of
the Senate calling for the Dusxin papers
and the reply OF the Attorney General
thereto, and says:
Upon this resolution and theanswer thereto
the issue is thus stated by the Comm ttee OH
the Judiciary at the outset of the port:
THE important question, then, is whether
IL is WITHIN the constitutional competence of
ether House OF Congress TO have access to
the Official papers and documents in the vari-
gus public offices OF the United States created
| IN n6nfE ftN.fyYr rSlx-<N- .
~ While it is by no MEATS conceded
that the Senate has the right iii any case 30
review the act of the Executive in removing
or suspending public officer upon Official
documents or otherwise. it is cons derel that
documents and papers Of that nature should
because they are official, befreely transmitted
TO the Senate upon its demand, trusting the
use of the same for proper and legitimate pur-
poses to the good faith of that body. +
The letter of the Attorney General in re-
Spouse TO the resolution OF the Senate to the
particular case mentioned in the committee s
report was written at my suggestion and by
my direction. There had been no Official pa-
p7rs or documents flied id his depart.
ment, relating to the case within the
letter was intended, by its desarip
ton of the papers and documents reln;ainit \.
IN the custody ct the depagtment, to convey
the idea that they were not official; and 1t
was assumed that the fosolut ons called for
Information, papers and documents of
the same character as were required
which. preceded it. Every thing that
had been written or done in behalf
OF the Senate from the beginning pointed to
all letters and papers OF a private and rtnofi
cal nature as 10 the objects of search, ii they
were to be found in the departments, and
provided they had been presented to the Elk.
e3utiye With view to their consideration
upon the question of suspension from office
Against tho tranSlnBsiol Of such papers
and documents have in grposed my advice
and direction. This has not been done, as
| is suggested in the committees report, upon
the assumption on my part that the Attor-
ment lis the servant OF the President,
ana IS to give or withhold copies of
documents in S office according TO the will
OF the Executive and not otherwise" but De-
cause | regarded the papers and documents
withheld and addressed to me Or intended for
my, own use and acton purely unnffi oial
and and private. not infroqneutly confiden-
t1al, and having reference to the perform
| ance of duy exclusively m.no. | con-
slider them in no proper sense rs upon the
files CT the department, but as deposited there
Tor my convenience. remaining Still COM
pletely under my control. suppose if de-
sired to take them into my custody, | might
90 SO VITA entire propr.ety, and il saw fit to
destroy them, no one could complain.
The papers and documents that are now the
objects of tho Senate,s quest consist of letters
and representations 9ldreS ed to the EXeou-
tive or intended for his inspection; they are
voluntarily written and presented by Dir yate
citizens who are not IN the least INDICATED
| thereto by any official Invitation or at all
SUBJECT to oIhc al control While some OF
them are entitled to Executive CONS d.
| or, i'll the light of other facts, SO worth
| less, that they have not been given the least
Weightin determining the question to which
| they are supposed to relate. Are all these,
| simply because they are preserved, to be CON
| sdered official documents and subject to the
| inspection of the Senate? If not who
is to determine which belongs to this
GiASS1 a YnnfIUnI mn az Of tho
| Senate, as they are day BY day developed,
| such as would be satisfied with my
| selection? Am to submit to tueirs at the
RISK OF being charged with making a strSpeT,
| sion from office upon evidence which was rot
| even cons dered! Are these papers TO be re.
| garded official because they have not only
been presented but preserved IN the pubic
| offices! Their nature and char8cte: remain
| the same whether they are kept in the ex-
| ecut1ve mansion or deposited in the depart
ments There is no mysterious power of
transmutatlon in departmental custody nor
| is there magic in the Underlined and sacred
| sosmnity of department files. If the pres
ence of these papers in the public Offices is
| a stumbling block in the way of the per-
! formance of Senatorial duty. it can be easily
| removed
| The papers and documents which have been
described derive 70 official character from
| any constitut Onal, statutory or other re-
| Quirement making them necessary to the per-
| formance of the official duty OF the Executive.
Ii will not be denied, suppose, that the Pres
| absence of any papers Or documents to aid h 8
| official judgment and discretion. And [ am
| quite prepared to avow that the cases are not
! few in which suspensions from office have de-
/ pended more up0n-0ral representations made
TO me by citizens of known good repute,
| and By members of the House of Repre-.
| sentitives and Senators of the On led
| States, thai upon any letters and doe
uments presented for my examination.
| / have not felt justified in suspeoGing
| the veracity, INTEGRITY and patriotism of
| Senator's or ignoring their representations,
/ because they were not in pastS afliliation VITA
/ the majority Of their associates; and / recall
! q few suspensions VII Ga bear the approval OF
individual members identified POLITICAL with
the majority in the Senate. While, there
| fore. / an Constrained to deny Ghe right OF
i tie Senate to the papers and documents de-
scribed, so far as the right 10 the same is based
/ upon the calm STAT GlaY are in a0y view OF
| the subject oitciai, / am also led unequivO-
cally TO dispute the EighG Of the Senate, b.
| the aid Of any documents whatever. or in any
way save through the judicial process OF trial
| on impeachlaenS. to review or reverse the
act of the Executive ia ttc sllSpeGS. on airing
| the recess Of the Senate OF Federal officials.
| believe the power &c remove o. suspend
such officials is vested ia me President alone
/ by the constitution, which in express terms
| provides that the executive power shall be
vested in q President OF the United
States of America" and that ''he shall
| take care that tue laws De faithfully exc
| cuted.n The Senate belongs IC t.sa leg.