The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1886-03-05
President Cleveland in Message TO the
Senate Refuses TO Give Up Ger
tain Papers.
He Claims That They Are Confidential,
and Says He Has Redeemed All
Pledges.
TyIE MESSAGE

ment have been piled with various requests and
demands from committees OF the senate, from
members Of such committees, and at last from
the senate itself requiring the transmission Of
reasons for the suspension OF 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 Sus-
pensions, or for all documents and papers
filed in such department in relation to the
management and conduct OF the offices held by
such suspended officials. The different terms
from time TO time adopted in making these re-
quests and demands, the order in which they
succeeded each other, and the TACT that when
made by the senate the resolution for that pur-
pose was passed in executive session, have led
to a presumption. the correctness of which will,
] suppose, be Candidly admitted, that from first
to last the information thus sought and the
papers thus demanded were desired for use by
the senate and its committees in considering the
propiety OF the suspensions reterredto. Though
these suspensions are my executive acts,
based upon considerations addressed to
me alone, aud for which / am
wholly responsible, | have had no invitation
from the senate TO state the position which l
have felt constrained TO assume in relation to
the same, or to interpret for myself my acts and
motives in the premises. In this condition Of
affairs have foreborne addressing the senate on
the subject, lest | might be accused of thrust
ing myself unblddcn upon the attention Of that
body. But the report of the COM
mittee Of the Judi ;iary Of the seuate, lately
presented and published, which censures the at
tOrncy general of the United States for his re-
fusal TO transmit certain papers relating to a
suspension from office, and which also, If | cor
rectly interpret Il, evinces a misrepresentation of
the position Of the executive upon the question
of such suspensions, will, l hope, Justify this
communication
THE CASE OF DUSTIN.
The president refers to the resolution Of
the senate calling for the Dustin papers and
the reply of the attorney general thereto,
and says:
Upon this resolution and the answer thereto,
the issue is thus stated by the committee on
judiciary at the outset Of the report: The i'm
portant question then, is whether 1t is within
the constitutional competence OF either house
of congress-, to have access to the official papers
and documents in the various public offices Of
the United States created by laws enacted by
themselves" ! do not suppose that the public
offices of the United States are regulated or con-
trolled in their relations to either house of Con-
gress by the fact that they were created by
laws enacted by themselves" 1t must be that
these instTumentallties were created for the
benefit OF the people, and to answer the general
purposes Of government under the constitution
and the laws. and that they are u~nencumbered
by any lien in favor of either branch of congress
growing out OF their construction, and unem-
b~arrassed by any obligation to the senate as the
price Of their creation. The complaint of the
committee that access to official papers in the
public Office is denied the senate, is met by the
statspent that ct no time has it been the dis
Position or the intention Of the president or any
officer in any department Of the executive
branch of the government to withhold from the
senate official document or papers fled in any
| Of the pubic offices. While it is by no means
| Conceded that The senate has the tight in any
case to review the act Of the executive in re-
moving or suspending a public officer upon Off
cisl documents or otherwise, it is considered
that documents and papers OF that nature
should, because they are official, be freely trans
mitted TO the senate upon its demand, trusting
the use Of the same for proper and legitimate
purposes TO the good faith of that body; and
though no such papers or documents bave been
specifically demanded in any Of the numerous
REQUESTS and demands made upon the depart
ments. yet as often as they were found in the
public Offices they have been furnished in an
swer to such applications. The letter of the
attorney general in response to the resolution Of
the senate in the particular case mentioned in
the committees report, was written at my sug-
gestlon aud by my direction. There had been
NO OFFICIAL PAPERS
Or documents filed IN his department relating to
the case within the period specified in the reso-
luton. The letter was Intended, by its descrip-
ton OF the papers and documents remaining in
the custody OF the departments, to convey the
idea that they were not official, and it was as
sumed that the resolution called for information,
papers and Of the same character as
were required by the requests and demands which
preceded Ii. Everything that had been written
or done in behalf OF the senate from
the beginning pointed TO q letter and papers OF a
Erivate and unofficial nature as the objects of
search. II they were 10 be found in the depart
ments, and provided they had been presented TO
the executive with a view to their consideration
upon the question OF suspension from Office.
Against the transmission Of such papers and
documents l have interposed my advice and
direction. This has not been done, as Is sug-
gested in the commuters report, upon the as
sumption on my part that the attorney general
or any other head of a department lis the servant
Of the president, and Is to give or withhold
copies OF documents in his Office according to
the will of the executive and not otherwise"
but because | regard the papers and documents
withheld and addressed to me, or intended
for my use and action, purely unofficial
and having reference to the performance
OF q duty exclusively mine, / consider them In
no proper sense as upon the files Of the depart
ment, but as deposited there for my conven-
fence, remaining still completely under my con-
troll. / suppose II / desire to take them into
my custody / might do 80 with entire propriety,
and IL / saw 1T TO destroy them no one could
complain. The papers and documents that arc
now the objects OF the senates questions con-
sist Of letters OF representations addressed to
the executive or intended for his inspection.
They are voluntarily written and presented by
private citizens who are not IN the least insti-
gated thereto by any official invitation or at all
subject to official control. While some Of them
are entitled TO executive consideration. many OF
them are so prevalent. or. IN the light OF other
facts, so worthless, that they have
NOT BEEN GIVEN H LEAST WEIGHT
in the question to which they arr
supposed to relate. Are these, simply becaus'
they are preserved, to be considered ofdcia
documents and subject TO the inspection Of tn
senate. II not. who is to determine which be
long TO this class? Are the motives and pur
poses Of the senate AZ they are day by day de
veloped, such as would be satisfied with M
selection? Am I to submit to these at the risl
Of being charged with suspension OF officer
upon evidence which was not even considered
Are these papers 10 be regarded official becaus
[ they have not only been presented but pre-
served In the public Offices? The nature an
: character remain the same, whether they ar
. kept IN the executive mansion or deposited 4
: the departments. There is no mysteriou
power Of transmutation In departmental Gus
tody, nor Is there magic in the undefinc
: and sacred soIemnity OF department fie'
II the presence OF these papers in the publ
offices II q stumbling block In the way Of tn
performance OF senatorial duty, Ii can be easii
removed. The papers and documents who
q have been described derive no official cha~ctt
from any constitutional, statutory or other r.