The Argus. (Rock Island, Ill.) 1885-1886, 1886-03-03

case OF Duskin, removed from the district
attorneyship of Alabama, begins with the
remark that that he hesitated some time
to give the senate his views on the
matter, lest he might be charged with
thrusting himself unbiddden upon the atten-
ton of the senate But he thinks the Ju-
dietary committees report, which censures
the attorney general, and evlnces misap-
prehension of the position of the executive
upon this question, Justifes this communica-
ton.
First, the president takes the ground that
the papers regarding suspensions are not
official, and SAYS for that reason he has re-
fused to furnish the desired information
Against the Transmission of such papers
and documents, the president says, Il have
interpOssd my advice and direction. This
has not been done, as is suggested in the
committee report report OF senate Judiciary
in the Duskin cassl upon the assumption on
my part that the attorney general or any
other head of department lis the servant
of the president, and is TO give or withhold
copies of documents in his Office according
to the will of the executive. and not other
WISE but because | regard the papers and
documents withheld and addressed TO me or
intended for my use and action purely I'M
official and private, not infrequently conf
DENTAL and having reference 10 the per-
Torrance of duty exclusively mine.
consider them in no proper sense as upon
the files of the department, but as deposited
there for my convenience, remaining Still
completely under my control suppose If
| desired to take them into my custody |
might do so with entire propriety, and If
saw fit to destroy them no one could com
pain.
Even the committee in its report" the
president says, appears to concede that
there may be with the president, or in the
departments, papers and documents which,
on account Of their unofficial character, are
not subjected to the inspection of con-
gress \ reference in the report to instances
where the house of representatives ought
not to succeed in call for the production of
of papers, is Immediately followed by this
statement: The committee feels authorized
to state after somewhat careful research,
that within the foregoing limits there Is
scarcely in the history of this government
until now any instance of refusal by head
of department Or even of the president
himself to communicate official facts and
information as distinguished from private
and unofficial papers, motions, views, rea-
sons and opinions, to either house of con-
gres when Internationally demanded
To which of these classes thus recognized
do the papers and documents belong that are
now the objects of the senate's 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 instigated by any official
invitation or at all subject to official con
troll While some OF them are entitled to
executive consideration many of them are
so irrelevant, or in the light of other facts,
so worthless, that they have not been given
the least weight in determining the queS-
ton TO which they are 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 class! Are the motives and purposes Of
the senate, as they are day by day devel-
oped, such as would be satisfied with
my seleetion Am to submit to theirs at
the risk of being charged with making a
suspension from Office upon evidence which
was not even considered
Are these papers to be regarded official
because they have not only been presented
but preserved in the public Offices The ma
ture and character remain the same whether
they are kept in the executive mansion or
deposited in the departments. There is no
mysterious lower of transmutation in de-
partmental custody, nor is there magic i'll
the underlined and sacred solemnity of de
partmenr files If the presence of these
papers in the public offices is stumbling
block in the way of the performance OF sen
atorial duty, it can be easily removed.
The papers AMI documents which have
been described, derive no official character
from any constitutional, statutory or other
requirement making them necessary to the
performance of the official duty of the ex-
ecutive. 1t will not he denied, 1 suppose,
that the president may suspend public Of
licer in the ENTIRE absence of any papers or
documents t. all his Official judg nent and
! discretion. And | am prepared to avo~
| that the cases are not few in which suspen-
sions from Office have depended more upon
oral representation made to me by citizens
of known good repute, and by members OF
the house of iepreS natives and senators of
the United States, than upon any letters
and documents presented for my examlna-
ton. | have not felt justified i'll suspecting
the veracity, integrity and patriotism Of
seuators, or ignoring their representations,
because they were not in party utilization
with the majority of their asso iates; and
| recall few SUSPENSIONS which bear the ap-
pToval of individual members identified po-
litically with the ma iOrity in the senate.
While, therefore, | am constrained to
| deny the right of the senate to the papers
and documents described, as 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 docu-
| ments what 'ver, Or i'll any way, save
| through the judicial trial on inn eachment,
| to review or reverse tie act of the executive
| in the suspension during the recess of the
senate of federal officials | believe the
power to remove or suspend such officials is
| vested in the president alone by the consti-
tuition, which in express terms provides that
the executive power shall be vested in the
president of the United States of America,
an that 'he shall take care that the laws be
faithfully executed
Il think it will be found the president
| continues, that in the subsequent discus
| sions Of this question, there was generally
| if not at all times, proposition, tending in
some way to curtail this power of the presi
| dent by legislation which furnishes evi
dence that TO limit such power, it was sup.
| posei to be necessary to supplement- the
| constitution by such legislation.
The first enactment of this description
was passed under stress partnership and
| political bitterness which eliminated in the
presidents impeachment. This law provided
that the federal officers to which 1t 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-
conduct in Office, or crime, or when incapa
ole or disqualified to perform their duties
and that within twenty days after the Hex
meeting of the senate it should be the diity
of the president TO report to the senate sllcl
suspension, with the evidence and reason
for his action in the case
This statue, passed in 1867, when con
gress was overwhelmingly and bitterly
opposed politically to the president, may h
regarded as an indication that even then |