Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1886-03-05
PRESIDENTS MESSAGE.
The President Sends a Messngs to the
Senate Respecting the Question Of
Access to Papers
Bearing on Nominations and Removals
He Refuses TO Furnish tho Desired
Information because 1t Is
Confidential.
rnrsrprNr's MESSAGE TO rnr SENATE.

PREstDENT's MESSAGE TO THE SENATE.
WAsHiNGTON, March 2 2-Prcsdcnt Glove.
land, In his message to the Senate yesterday
respecting the question of access to papers
bearing on nominations, takes tho ground
that the papers regarding suspensions are
not official and says for that reason ho has
refused TO furnish tho desired Information.
Against the transmission of such papers
and documents" the President says, ~ have
intcrposed my advice and direction. This
has not been done, ns is suggested in the
committees report report of Senate Judlcl-
AIRY in the Duskin easel, upon rtho assump-
tlon on my part that tho Attorney General or
any other head of n department is the servant
OF tho President and Is to give or withhold
copies of documents In his office according
TO tho will of the Executive md not other
wise," but because | regard the papers and
documents withheld and addressed to me, or
intended for my usc and action. purely un-
official and private, not infrcquently conf
dental, and having reference to tho perform
nncc of n duty exclusively mine. 1 cons der
them In no proper sense MS upon the files of
the department., but as deposited there for
my convenience, remaining still completely
under my control. suppose if desired to
tuke them into my custody might do so
with entire proprlcty, and if / saw fit to do.
stroy them no one could complain"
EVEN the committee in its report" the
President says, appears to conccdc thut
thero may he with the President. or in the
departments. pnpers mud documents which,
on account OF Their unofficial character are
not subject to tho inspection of the Con-
gross. reference in the report to instances
where tho House of Representatives ought
not to succeed in n call for the production of
papers, is Immediately followed by this state
mont: Tho committee feels authorized TO
state, after u somewhat careful research,
that within the foregoing limits there is
scarcely in the history of this Government
until now. any instance of n refusal by a
head of II department., or even of the Prosi-
don't himself. to communicate official facts
aud information rs distinguished from pr-
vatc and unoflicinl papers. motions, views,
reasons ana opinions to either house of Con-
gross when Internationally demundcd.'
To which of the classes thus recognized do
now the iccts of the Senates quest. They
consist of letters and representations ad-
dressed to the Executive or intended for his
inspection; they are voluntarily written and
presented by private citizens who are not in
the least lnstgated thereto by any official in
vitation or Mt all subject to Official control.
tive consideration, many of them are so irrcl-
cvnnt, or in the light of other facts so
worthless. that they have not been given the
least weight In determining the question to
which they nre supposed TO relate.
Are all these. simply because they are pre-.
served, to be considered official documents
and subject to the inspection of the Senate?
II not, who Is to determine which belong to
this cluss2 Are the motives and purposes of
such as would be satisfied with my selectionI
Am to submit to theirs at the risk of being
charged with making suspension from
considered? Are these papers to he regarded
official because they have not only been pre-
sented but preserved In the public Offices?
Their nature and character remain the
same whether they are kept In the Executive
Mansion or deposited in the departments.
There is no mysterious power of transmuta-
ton in departmental custody, nor is there
magic in the underlined and sacred solemnity
| of department files. If the presence of these
papers in the public Offices is stumbling
n 4 n N n 81 I'M on nf San.
atorial duty, it can be easily removed.
| The papers and documents which have
| from any constitutional statutory or other
| requirements making them necessary TO the
performance of the official duty of tho Ex-
| ecutve.
| 1t will not be denied, suppose. that the
| President may suspend n public officer in
| the entire absence of any papers or docu-
| ments to aid his official Judgment and dscre.
ton. And am prepared to avow that the
| cases are not few in which suspensions from
| Office have depended more upon oral repre-
| sentations made to me by citizens, of known
| good repute, and by members of the House
| of Representatives and Senators of the
United States, than upon any letters and
| documents presented for my examination.
| I have not felt justified in suspectlng the
| verncity, integrity and patriotism of Sena-
cause they Were not .tl in par,v aintion with H
tho majority of their associates: and recall
a few suspensions which bear the approval
of individual members identified politically
with the majority in the Senate.
While. therefore. / am constrained to deny
the right of the Senate to the papers and
tho same is based upon the claim that they
arc in any view of the subject official, an
also led uncquivocally to dispute the right ot
the Senate. by the aid of any document!
whatever, or in any way save through judi
cial process OF trial on impeachment, to re
the suspension, dur ng the recess OF the Sen
ate, of Federal officials
believe the power to remove or suspend
such officials is vested in the President alone
by the Constitution, which in express term.
provides that 1be executive power shall b,
vested in President of the United States o
America, and that he shall take, care tina
tho laws arc faithfully executed"
81 think IT win be found' the President
continues. that In the subsequent discus
sfons OF this question there was generally
Il not Mt all times, proposition pending t.
I'm some way curtail this power of the Presi
dent by legislation, which furnishes evl
dence that to limit such powor it was sup
posed to be necessary to supplement til,
constitution by such legislation.
The first enactment of this description wa
passed under n stress of partisanship ant
political bitterness which eliminated in tn,
Presidents impeachment. This law provided
that the Federal officers to which it applied
could only be suspended during the recess
of the Senate when shown by evidence salts
factory to the President to be guilty of mis-
capable or disqualified to perform the
duties. and that within twenty days after tn,
next meeting of the Senate 1t should be tn,
Senate such suspension, with the evidenc,
and reasons for his action in the case
This statute. passed in 1857, when Congress
was Overwhelmingly and bitterly opposed
politically. to the President, may be regarded
as an indication that even then it wa
thought necessary by n Congress determined
legislative will to furnish itself a law fo
that purpose, instead of attempting to rcaol
the object intended by an invocation OF an,
pretended constitutional right.
The law which thus found its way to on
statute book was plain in its terms, and II
intent needed no nvowal. If valid and nov
in operation, it would Justify the presen
course of the sennte and command the ODE
dlcnce of the Executive to Its demands. j
may, however, be remarked In passing, that
under this law. tho President had the priv
lego Of presenting to the body which as
sumod to review his executive acts, his rea
sons therefor instead of being excluded
from explanation or Judged by papers foun'
in the departments.
Two years after the law of 1867 was passed
and In less than tive weeks nfter the nau
guration of n President in political acoor,
with both branches of Congress. the section
urng rh1 hfb tb M % were iro os
ly repealed and In their place were suhst
tntea provisions which. instead of limiting
crime. disability or disqualification, express
ly permitted such suspension by the Presi
dent IN his discretion and completed.
report to the Senate "tho evidence and rea
sons for his action.
| with these mod hcatons and with al
branches of the Government in poltlca
harmony, and in tho absence of partisan In
centivo to captious obstruction, the law, n
II was loft by the amendment OF 1850, wa
much less destructive of Executive discr6
tlon. And yet the great General and patr
otto citizen who on the 4th day OF March
1862 assumed the duties of Chief Executive
and for whose freer administration of hi
high office the most hateful restraints of tn
law of 1857 were, on tho 9Th day OF April
1862 removed mindful of his obligation 4
| dnfanl and nrOtnpt nrpYOnntiya Of hi
great trust, and apprehensive of tho injur
threatened the public service In the cor
tlnued operation Of these statutes. even Il
their modified form, in his first message T.
Congress advised their repeal and set fort
their unconstitutional charac ter and hurtfu
tendency In the following language:
at may be well to mention here the on
barrassment possibly to arse from leavln
on the statute books tho so called tenure o
office acts and to earnestly recommend thei
total repeal IL could not have been the IN
tentlOn OF the trainers of the constitution
when providing that appointments made b
the President should receive the consent o
the Senate, that the latter should have tn