Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1886-02-27
EDMUNDs' ArTAcN.
The Report Accompanying the
Resolutions Read in
the Senate.
A Lengthy and Wordy Doc
ument.
WASHINGTON, Feb. 10.


provisions Of section 1868 of the Revised
Statutes, suspended George NJ. Duskir
from the execution of the duties of III,
Office OF District Attorney of the south
ern district of Alabama, and on the
same day pursuant to the same statute
designated Jno. ID. Burnet to perform
the duties Of such suspended Offices, ii
the meantime, by letter of authority
The nomination of Burnet was in du,
course referred to the committee or
the judiciary, Since the passage of til,
act OF March 9, 1868. "Regarning tht
tenure Of certain civil Offices" it Ina,
been the practice of the Committee t.
ask Tor papers and information touchina
the conduct OF the officer proposed to
be removed, and the character of the
person proposed to be appointed In
no instance, until this time has tn,
Committee met with any delay or de,
NAL in respect OF furnishing such paper
and information with single exception
in which the delay and suggested denial
lasted but two or three days. The re-
port then reviews the subsequent actor
OF the Committee and quotes the resolu.
F.. tons adopted on January 25th. Direct
ing the Attorney General To transmit
to the Senate the documents bearing Oh
the case, and the Attorney Generals re-
ply to the effect that the public nteres
will not be promoted by a compliance
with said resolution"
1t then, continues; This letter. al
though in response to the direction
the Senate assumes that the Attorne,
General is the servant OF the Presiden
and is to give, or withhold copies
documents in his office according
the will OF the exective, and not other
wise. The committee is unable to di,
cover any law which makes the Attor
ney General in any sense the servant OF
or under control of the Executive eli
performance of his lawful duties. Til,
Executive is bound by the constitution
and by his oath, to take care that tn
laws be faithfully executed and he j
himself as much bound by the regula,
tons OF law as the humblest officer i,
the service of the United States, and h,
cannot have authority to undertake I,
faithfully execute the laws whether az
pied to his own special functions 0
those OF the Departments created h
law, otherwise than by causing, so ia
as he lawfully may, and by lawful metl
DDS, the heads OF Departments and othe
officers of the United States to do III,
duties which the law, and not his will
has impaired to them. The importar
question then, is whether it is With
the constitutional competence of eithe
House OF Congress to have access to tn
official papers and documents.
In the various public offices of tn
United States created by laws enacte,
by themselves, there is no statul
which commands the head of any de
partment, excepting that OF the Treas
ury, to transmit to either house of Con
gress on its demand, any information
whatever concerning the adminstra
tion of his department, but the Com
mittee believes it to be clear. that from
the very nature of the powers entrusted
by the constitution to the two houses
Congress, 1t is necessary incident tina
either house must have at all times, tn,
right to show all that officially exists on
takes place in any of the Department,
OF the Government. So perfectly wa
this proposition understood before an,
at the time OF the formation of the con
stitution, the continental Congress, be-
fore the adoption of the present Consti
tuition, in establishing department
foreign affairs and providing for
principal officer thereof, thought fit t,
enact that all books records and Other
papers i'll that Office should be open tc
the inspection of any member of Con
gress, provided that no copy should be
taken of matters OF secret nature with
out special leave OF Congress. 1t wa,
not thought necessary to enact thai
Congress itself should be entitled to the
production and inspection of such
papers, for that right was supposed t.
exist IN the very nature of things and
when, under the constitution, the de-
Pnrtment came to be created, although
the provision that each individual mem-
Der OF Congress should have access tc
the papers, was omitted, (edidently for
reasons that can now be quite well I'M
derstoOd) it was not thought neces-
sary that an affirmative provision should
be inserted, giving to the Houses OF
Congress the right to know the con
tents Of the public papers and records
in the public offices of the Country.
whose laws and whose offices, they
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