New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-03-02
TEXT OF THE MESSAGE IN FULL.


TEXT OF THE MESSAGE IN FULL.
To the Se,,ate ofthe United STATS.
Ever since the beginning OF present session OF The
Senate the different hoai OF the departments attached
to the Executive branch OF the Government have been
piled with various requests and demands from com'
OF the Senate, from members OF such committees
and t last from the Senate ITSELF requiring the trans
mission of reasons for tho suspension certain officials
during OF tha body for the papers touch
ing the conduct of such oDclas. or fOr all papers ana
documents relating 80 such suspensions, or for all
documents and papers filed in such departments In
relation to the and conduct OF the Offices
held by such suspended officials. The different terms
from time TO time adopted u making these requests
AID demands the order IN which tley succee!ed each
other. and the fact that when made 10y the senate the
resolu tiOn for II at purpose passed in executive
session. havo led TO presumption, the correctness OF
which VIII, suppose, be candidy admitted, that from
first to last the Information thus sought and the papers
thus demanded. dies red for by the Senate and
its committees in considering the prOUricty OF the
su pen referred TO. Though these suspensions
are my executive acts based upon considerations ad
dressed to alone ald ior W. ch am wholly Ie-
sIOnsihlc have had invitation from the Senate to
state the position which have fot constrained TO
assume In relation the same to interpret for myself
NY and motives in the premises. In this condition
OF affairs have forborne addressing the Senate upon
the subject lest might he accused Of thrUsing myself
unhiddon upon the attention of that body. But the
report OF the Committee the Judiciary 0t the Senate
lately presented and published, which censuIes the
Attorney General Of the United states FOR his refusal to
transmit certain pnpcrs relating TO suspension from
Office and which also II correctly interpret it, cvinccs
msapprs hensOn oi the position OF the Executive upon
the question of such suspensions, will hopc, justify
this communication.
REVIEWING THE PROCEEDINGS
Tho report is predicated upon a resolution OF the
senae directed the Attorney General and his reply to
,ha
session dey pted entirely business connected with the
consideration OF nominations FOR ONCE 1t required the
Attorney General 10 transmit to the senate copies %
ali documents and ral that have been h.ei In tro
Department Of Justice since the lst daT OF Jannary
1850 relation 10 the management and conduct OF the
of ce oi District Attorney Of the United states Of the
Southern District oi Alabama" The incumbent OF this
otce the first day OF January lN@3, and unul thc
18th day OF July ensuing, Was George NJ Duskn, who
on the day mentioned. suspended by an Lxecu-
tive ordcr, aud John j. Burnett designated 10 perform
the duties OF sad ONCE. At the time of the passage OF
the resolution above referred To tl9 nomination Oi
Burnett for said Office pending before the senate,
and all the papers rcla Ing To said nomination were be
fore the body for Its inspection and Information III
rcy to this resolution. the Attorney General, AitcI
referring 10 the fact that the papers relating To the
nomination Of BurnCtt lad already been sent to the
Senate that he directed 10y the President TO
say that the papers and documents which are men
toned III said and sill remaining in the
Gus Ody OF ts Department, having exclusive reference
10 The sAspension by OF George ". Dusk,
the ate incumbent Of the Office Of D-r!ctAtrIney iOr
the southern District Of Alabama, Is not considered
that the public Interests VIII he promoted By com
p.ncc with said resolution and the transmission OF tbs
pa pcrs aud documents therein mentioned "a the -chao
iu executive session" UIon tbs resolution AM the
arswor thereto the Issue IS thus stated 10y tie Com
mItec on judiciary at the outset OF the report:
The important question, tnen, Is whether Il * within
the constitutional competence OF either house OF Con
Yl.,. sfaf NIL flyfTfI
in the various public once. the United states created
by Jaw enacted 10y themselves" do not suppose that
the pIbc Offices of the United states are regulated or
controlled in their relations 20 either house oi Congress
by the fact that they were created by laws enacted ~
themsel,c." Il mus: that these m-tTumbntalite7
were created FOR he benefit OF the people and 10 answer
the general purposes of government under the Const
tuition aud the laws and that they are unincumhecd by
any lien in OF either branch Of Congress- growing
out Of their construction and unemhdrrGs-ed by any
obligation the Senate the price Of their creation.
The complaint Of the committee that access t. Official
papers in the public Offices Is denied the Senate is by
the statement that lime has it been the disposition
OF the intention OF the President or any department oi
the executive branch OF the Government to withhold
from the official documents or papers filed III any
OF tie public Offices. While 1t is by conceded
that tho Senate has the right IN any to review the
act OF the Executive in removing or suspending public
officer upon official documents Otherwise It is cOnsid
cred that documents and papers OF that nature should
because they official, be freely transmitted TO the
Senate upon s demand trusting the Of tho same for
proper legitimate purposes to the GOOD faith OF that
body Aud though such paper or document has been
specifically demanded in any OF the numerous requests
and demands made upon the Dep rnent-. yet rs often
as they found in the puDc offices they have been
furnished In answer to such applications
FOR THE PRESIDENTS PRIVATE USE ONLY.
The letter OF the Attorney General in response TO the
resolution of the Senate in the particular mentioned
in committees report written at my suggestion
and by my direction. There had been official papers
or documents filed in his Department relating TO the
case within the period specified in the resolution. The
letter was Intended by its description the papers and
documents remaining D the cusod9f the Department,
convey the idea that they were not Ocia and was
assumed that the resolution called for information,
papers and documents Of the same character as wero
required by the requests and demands which preceded
It, Everything that had heen written or done behalf
OF the Senate the beginning pointed to all letters
and papers OF private and unofficial nature as the |
objects OF search II tLey TO be found In the Depart
mens aud provided they had been presented to tho ,
Executive with "a view to their consideration upon the
question ~ suspension from Office. Against the trans
mission OF papers and documents havo intorposod
nv vice and direction. This has not been done
suggested in the committees report upon the assump-
ton my part that the Attorney or any head
OF Department is the servant OF tho President and is
to give or withhold copies of documents IN his ofre |
according to the will OF the Executive and not other
WISE" hut because regard the papers and documents
withheld and addressed TO or intended for my use
and action purely unofficial aud private, not ntre-
quentiy confidential. and having reference to tho |
performance of duty exclusively mino. 1 consider
them In no proper upon the files OF tho Depart
Inents, but deposited there for my convenience,
remaining still completely under my control suppose
II desired TO take them into my custody might do
with entire proprley and if m to destroy them
one could complain
Even The commttee in its report appears 70 concede
that there may be with tho President. or In the Depart
ment papers and documents which, on account OF thei'
nm official character not subject to the inspection OF
In, tln IN Int