New-York tribune., 1886-02-09
THE SUPPRESSED PAPERS.
AN UNEXPECTED d BATE IN THE SENATE.
MIR. SHERMAN ARRAIGSs THE ADMINISTRATION
rBr TELEGRAPH TO TIE TRrpuNE.l


! afternoon Dy Mr. sherman. The subject was TO
DO taken ND in the Judiciary Committee at lts
meeting to-day. hut owing To the absence Vi
Mr. EImunds. the ch urmin. 1t was deferred. Ms' Eu-
munds has long foremost In maintaining the rights
OF the Senate all such questions aud he mas Deeh
ready 20 60 Uhs matter than some OF his col
leagues, he holds that vital prnope Ola republican
form OF government IA at stake VI the fresuehI eau
suppress records case, Mr. Edmunds holds ne can
in others and t would precedent fraaght with great
dnor genee he has been ready from the beginning to
90 10 the utmost limit uphollng the night or Congress
10 have all documents on hle produced Tor the III
sprcon OF branch of Congress He has searched
the AMI prepared strong argument In support
of his position. There surprise IA well rs amuse-
ment therefore, tho taking Of the discussion In Mr.
| Edmuuds's absence.
Mr. Eustis had been discussing the right OF the senate
to the fullest Information concerning tue action OF the
Treasury Department refusing to accept silver at tn
| Sub-Treasury in New-Orleans the same terms as
formerly He intmated that the Treasury Department
was suppressng rsal purpose OF It's action This
| gave sherman the opportunity to make Iorcioe
! speech the right or the Senate 10 inspect
! all public documents The moment that he touched
upon this subject were ned ana close
| attention was given by every Senator. Mr. sherman
declared with emphasis that the Senate did not ask
the Presidents reasons for making removals. III III
sisted on the ali papers hle and the Pres
ident had no Sit In judgment on the SEN
ates asking for the papers than the senate
| had to ask his reasons for maAins removals.
Mr. Pugh who apparently Is the chosen leader OF tno
Administration this question, rested his argum' III on
the section OF revised statutes which declares that
the secretary OF the Treasury shall make report ana
give information either branch OF tue legislature III
person or In writing. may 10 required respecting all
matters which shall Hppertan his OHice." lie held
that it for the President to decide
Is whether the papers called for by the senate apPo
tanned office Of the secretary Of the Treasury or
any other Department head
r.nIv AIr cit
committees In compelling the production OF papers and
the fact that all Presidents previous to Mr. Cleveland
had sent all papers called for and that
this was the first timo that tho doctrine
had mp that the President OF the United stao'
could suppress papers placed in tile Government ar
chives.
Mr.. Pugh tho only Democratic Senator who
showed any disposition to defend the President The
debate dropped almost suddenly rs 1t began Dut II
is sure TO be taken up again within n few days.
Part OF Mr. sherluans argument was as follows:
We have no right say another Department OF the
Government For wnat reason dii you do thiH TN X
Ihc President right to come 10 ~ ana say "Ay
you pass Jaw - lie has no ri.ht 10 cfos' eA
anime Tho Departments are separate ana distinct
ut al the Information n4lnrd on me ., u 6 gs % nGy
! from Delaware OF nnyb'dy else lueIo ~
be be protected by l,risintrye supervision
We do no claim to exercise any power whatever over
lo not ask for Out We have ihe power %
control our own discretion and We have rght 90 an
Inc Information that g't from the EH'ostlNo De-
partment e4ighien us. Nobody PROPOSES 20 control
the exercise Presidents discreuon, nobody lie
iudrpcudcut are. lut he must not CohI' 30
our discretion. lie not prevent Us FROM having
| the same sourcss OI Information that he has lie
makes the nomination Why did ho make that hoilna-
| ton Was the Old iucIMbcnt an uhht man a
corrupt man, thef' deIauitrT or me IKE 'r us US
cetDn must be enlightened ul ai Tue hIOlihAon 'ua'
The President has. ,hJ, therefore, tnAt VIZ Law 'no
night 10 call for lhat Information Al ul' h'lHe uu w.
should To the President always courteous anu II ne
should give any reason Tor wta.odi.s a. p1 .6o1i
ample, because II Was mTAcd e1ull.e.','' 80 ,i
object hat There are papers not meant Iof 'r
plbic eye aud lie should chOusr 10 withhold mat a.
matter 0I cohhdthe T. "oui sag & tn' M n, w. sy
case for TIE exercise oi discretion III ne shou Ha)
copgGrure" Thai IS one thiug. But hen that
I,"rs pit,p which ho acs cunt,iuius charge, mrde
boay and openly contr""od his : aS'n 'oni'"ed i.s
conduct In making an Apo jluthelt-ldp'Ts ou '"o
nnGlir n r--hr h,. no right 20 Withhold tnosr papers
merely nrcau-e they came to about an executive
matter. He ought TO give them Ia us unless lh'N arc
in the OF secret confidential papers eohhg 20
! INN privately; they ought not 10 be Ned Ihcy
ought De thero to poison the iame OF man OF 70
affect ni- family III future umr. II th'Y air no, w w
-cen By and they ought, possibly 70 nr
."rn Oy h@u hi 'ngy ag,on That Is what always
do with anoDym papers That cone 10 me; ., ,,
President any member OF h CABINET Tor iniormitoh
to enable them to pros,cu hn inquiry or 10 oN'I,'so
the rigt OF tns SrnAi". ar part "i Ino "a"
naking power the country 10 AK Tor Information o
tue President, any menher OF hs Cabinet u con
fcrfed expressly by section 24S O the Revised statutes
In tht section The rgn Is gwen either lIous 10 call
On the SECRETARY OF The Treasury any documents or
public possession ting TO m'ier7 III a. :
tGe dacnarse Of his onclAi duty. That statute
the istuctiOn upon winch rely III lho
rcsOiutl have presented 10 the senate Dct"roh
by the ocnatr upon the President or auJ lhrup,I
OF Cabinet Tor Information Ia the possession o. elthr
or public records pubc documents IN the p"ssess"h
1no rght Of the Hrnttr 10 max" ths cal iO
., ~ hv tI s.ctiou us ana that statute
uUou shows that tue power conferred h'ie ulon
cit her power to he eHefc.sed by either
nous. the purpose OF enabling II to ds,haiSr us
duty In reference legislation But TO consirne that
statute any other any pnDhc law or the ~
tion confer the rgnt upon the senate 70 ca TOT
Information from the President concerning matters pc
longing exciu,iyey TO Dn, aS the cblei oAeenVo ooe
Of the country snch righl cihHOt De iont in m @ , go
public law 81 III a." oi Tue So %
hduse and power To bo exercised Tor tue put"s1
ties In the preparation public law relating u the du
ties public officer To lcgisate 10 promote tho
public service OF the country.
Mr. shermsn-Ihe iuea Of distinction between
papers public and private never occurred until during
lie nrrsrut Why MIR. President, the law
IL plain aud mandatory happened 10 hoid the once o
Secretary of Treasury time aud was brought
before Doth Houses OF COngrcss-,he senate ana house
Reprerentatiye--when tncy called on ne Tor papers
certain cOntrOverted case-hnd WI hot rr.er I =.
any th becsuc II Ia executive soHslo lhoy
me 10 come IN person eA a the papers, and to give
- retsons why and wherefore. never conc l'ea that
had light AS an executive officer, put myself on my
dignity AMI say "I Will snow on Such papers as u
= do harm, ana viii Keep back the oIhtrS lhey
s,y WAS reel soneiues bat never was 50 rrek-
The right Of each House. or OF any mem
Il Der Of Congress- ~ examine such papers mas Drrn
always conceded by executive branch Of the Govern
Mr. Pugh do you believe that tho Senate has the
right cd the President " furnish the senate tue
Information which he acted In making rr-
| movals % suspeuAIOns
Mr. shcrna-If IN Il information Is the nles Of any
department VI thls GOyernent II Is his duty TO furnish
| IL tDus
Mr. PughIdve the right To make TINS caI on tho
Preridsnt for such naun 10 enhhe tne senate 10
| review his action In making removal
Sherman what right has lie 10 say Tor what pnr-
pos We shall papers II we nave the rRht 10 use
those papers all have tue right 10 use ihen l"r al
they worth s the President 10 have the rlght To say
shall those paprr Tor purpose and not Tor
e. There such distinction. IL The papers
pubic nie have the righ tO see them lhcy
may be material useful have myself brought down
chamber great piles Of papers ana handed
a them different committees have called huntred
papers from the public nea al different depart
uients OF the Government ahd they were sent ana
II h nded TO me. and received by mo as public
trustee, mucn bound 10 take of thcn ana treat
theu properly the head OF department Of the
q | Government