Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-02-11
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Debating the Powers OF the Preni-
dens-nbelaxvare Harbors


Debating the Powers OF the Preni-
deat-Delawarc Harbcrs.
The debate over the refusal of the
President to convey to the United States
Senate his reasons for certain official re-
movals began Monday. Senator Eustis'
resolution calling upon the Treasury
Department for information regarding a
cnse OF alleged discrimination against the
silver dollar had been under discussion
the greater part of the day, and when
MIR. sherman left the presiding officers
CHAIR and began to address the Senate
the galleries were eparsely occupied and
not one-fourth of the senators were in
their places. Senator Sherman at once
plunged into the right of the Senate to
demand all desired papers and informa-
ton, saying: l do not think there ia any
doubt Of it whatever. But for that, we
would not legislate-we could not, even
by executive sessions. l have Just as
much right to go to any department and
ask for any papers affecting that depart.
manufacturing Legislative business,
II go there armed with the power OF
the Senate-as the Secretary of the
Treasury or any department of the gov
eminent, or US the President of the
United States. That bas always, from the
foundation of the government, been the
established law. President Washington,
IN one of the first communicationst that he
made to this Senate, complained of the
Senate that it did not call for informa-
ton. In all my experience have never
known a case where a department or
President had refused to give information
nV1fa mad in, he arkts. nm
act whatever, whether executive or legis-
lative.
Mr.. Salisbury Dem, Del.)-"Presi-
dent Washington, believe, did complain
that the Senate did not ask him for his
reasons for an appointment he proposed
TO make; he did not complain that it had
not asked him his reasons for a removal"
Mr.. Sherman-"That is modern dis
tinction, for which think senators will
find no color. If they can show me
where that nice distinction that is con-
tanned in the resolution of II senator from
Alabama (Mr. Pugh) was first invented
by mortal man, should like to know its
origin. What distinction is there?
can not see any. Any information that
may affect the Judgment or conduct of a
senator on any subject of public duty is
information that he (the Presidency is
bound TO communicates. There ought to
be no secrets, whatever, in this govern
ment of ours. II is government of the
people. There is no rule or provision for
keeping secrets" .....
Mr.. salisbury The very act of 1869 |
the modified act for the benefit OF Ger. |
Grart--yested in the President discte- |
ton in reference to suspensions from |
office. Now, does the senator from Ohio |
(Mr. Sherman) insist that we have any |
thing to do with the discretion of the |
President in reference to removals Or sus-
pensions 7"
MIR. Shermhn-"We have no right -
say to another department of the govern
ment For what reason did you do /
this thing p The President has no right |
to come to us and say Why did you
paos this law?' He has no right to cross
examine us. The departments are sepa-
rate and distinct. But all the information |
contained on the files of any department |
is Just as much the property of the sen
ator from Delaware (Mr. Salisbury as of |
anybody else. There is no secret in this
government that can be protected from |
Legislative supervision"
Mr.. Saulsbury-"I differ from the |
senator in regard to this if we have a
nomination TO act on, we can call for in
formation as to the nominee but when
we go behind that and ask for information
as to a suspended officer, the entire dis.
erection is vested in the President. l
would like to ask the senator, as a lawyer
whether there is any court in this coun-
try, from the Supreme Court down, that
can control the discretion of trustee,
however humble trustee he may be:
Mr.. Sherman-"Is not that an evasion
of the whole controversy? We do not
claim to exercise any power whatever
over the discretion of the President.
We admit even that we do not ask for his
reasons; but We have the power to con
troll our own discretion, and We have
right to all the information that We can
get from the executive department to en-
tighten us.
The debate was continued by Mr..
Sherman and Senator Pugh.
TIE NEEDS OF HlEsoRs.
WAsHISGToS, Feb. Representative
Buchanan, Col. James Brady, Capt. John
Fifsld and Capt. Mark Townsend pointed
out to the river and harbor committee of
the House to-day the needs of the Atlantic
City Harbor, n. ]. Representative Lore
spoke of Wilmington harbor, Broad
Greek and the pass between Chincoteague
and Delaware Bays, near Lewes, Del.
Representative Scott Of Pennsylvania,
discussed the needs Of Erie harbor, Pa.