The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-03-11
PRESIDENT AND SENATE.
4 Square Toed Issue Made on the 1uhjec
Of Appointments.

since the beginning Of the present session of the
senate the different heads Of the departments At
tached to the executive branch Of the govern
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 oficials, or for all
papers and documents relating to such euspen-
sions, or for al documents and papers fled in
such department In relation to the management
and conduct Of the Offices held by such suspended
oficials. The different terms from time to time
adopted In making these requests and demands,
the order in which they succeeded each other,
and the fact that when made by the senate the
resolution 70! that purpose was passed in execu-
tive session, have led to presumption, the Cor
rectness Of which will, suppose, by candidly
admitted, that from first to laat the information
thus sought and the papers thus demanded were
desired for use by the senate and its committees
In considering the propriety of the suspensions
executive acts, based upon considerations i'd
dressed to me alone, and for which am wholly
responsible, have had no invitation from the
senate to state the position which I 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 thrusting myself un-
hidden upon the attention OF that body. But the
report Of the committee of the judiciary of the
senate. lately presented and published, which
censures the attorney general of the United
relating to suspension from Office, and which
also, II correctly interpret it, evinces misap-
prehension of the position Of the executive upon
the question OF such suspensions, will, hope,
justify this communication.
The CASE or DUSTIN.
The President refers to the resolution Of the
senate calling for the Dustin papers and the re-
ply Of the attorney general thereto, and says:
Upon this resolution and the answer thereto,
the issue 10 thus stated by the committee on
judiciary at the outset Of the report: 1.-THE i'm
portant question then, is whether it 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" It must ne that
these inetrumentalities 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 unencumbered
by any lien in favor Of either branch Of congress
growing out of their construction, and unem-
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
statement that At 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 documents or papers fled in any of the
public offices. While it is by no means conccd-
ed that the senate has the the right in any case
to review the act of the executive in removing
or suspending public officer upon official docu-
ments or otherwise, it is considered that docu-
ments and papers of that nature should, because
they are official, be freely transmitted 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 have been specifically de-
manded In any of the numerous requests and
demands made upon the departments, yet as
often as they were found in the public offices
they have been furnished In answer to such ap-
plications. The letter Of the attorney general
in response to the resolution of the senate in the
particular case mentioned In the committees re-
port. was written at my suggestion and by nv
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
.u0 SuetOuy VI Cut uepaEtmente, 10 convey the
idea that they were not official, and it was as
sumed that the resolution called for information,
papers and documents Of the same character as
were required by the requests and demands which
preceded it. Everything that had been written
or done In behalf Of the senate from the be-
ginning pointed to a letter and papers Of a
private and unofficial nature as the objects of
search, ii they were to be found in the depart
ments, and provided they had been presented to
the executive with view to their consideration
upon the question of suspension from Office
Against the transmission Of such papers and
documents have interposed my advice and
direction. This has not been done, as is eug-
gested In the committees report, upon the as
sumption on my part that the attorney general
or any other head Of department ''is the ser
want Of the president, and is to give or with
hold copies OF documents in his office accoEd-
wise,' but because l regard the papers and
documents withheld and addressed to me, or
intended for my use and action, purely unofti-
c1al and private. Not infrequently confidential,
and having reference to the performance Of a
duty exclusively mine, consider them in no
ment, but as deposited there for my conven-
ience, remaining still completely under my con-
troll. I suppose II l desire to take them into
my custody might do go with entire propriety,
and II saw fit to destroy them no one could
complain. The papers and documents that are
o~JS~sS
sists OF letters Of representations addressed to
the executive or intended for his inspection.
Tney 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
Of them are 80 prevalent, 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 are
supposed to relate. Are these, simply because
they are preserved, to be considered official
documents and subject to the inspection of the
senate. II not, who is it to determine which
belong to this class ? Are the motives and pur-
poses Of the senate as they are day by day de-
veloped, such as would be satisfied with nv
selection Am to submit to these at the
risk of being charged with suspension of off,
GERS upon evidence which was not even con.
clal because they have not only been presented
but preserved in the public offices? The nature
and character remain the same, whether they
are kept In the executive mansion or deposited
in the departments. There 10 no mysterious
power OF transmutation in departmental GUS
sacred solemnity OF department files. II the
presence OF these papers in the public offices
10 stumbling block in the way Of the pcrfor-
nance of senatorial duty, it can be easily re-
moved. The papers and documents which
have been described derive no official character
from any constitutional, statutory or other re-
quirement making them necessary to the per-
Torrance Of the official duty Of the executive.
1t will not be denied, l suppose, that the presi-
dent may suspend public officer in the entire
absence Of any papers or documents to aid
his official judgment and discretion, and am
quite prepared to avow that the cases are not
few In which suspensions from office have de-
pended more upon oral representations made
to me by citizens Of known good repute and
by members Of the house Of representatives.
and senators of the United Estates than upon
any letters and documents presented for nv
examination. l have not felt justified in sus-
pecting the veracity, integrity and patriotism
OF the senators or ignoring their representa-
tives because they were not in party aniliation
with the majority Of their associates: and re-
call few suspensions which bear the approval
Of individual members identified politically with
the majority In the senate. While, therefore.
l am constrained to
DENY THE RIGHT OF THE SENATE
to the papers and documents described, 80 far
as the right to the same is based upon the claim
that they are in any view Of the subject official.
am also led unequivocally to dispute the right
Of the senate, by the aid Of any documents what
ever, or in any way save through the judicial
~ NJ INN