Middlebury register. (Middlebury, Vt.) 1886-1937, 1886-03-12

been specifically demanded in any of the
numerous requests and demands made
upon the department, yet as often as
they were found in the public offices,
they have been furnished in answer to
such applications.
The letter of the Encouragement. in
response to the resolution of the Senate
in the particular case mentioned in the
committees report was written at my
suggestion and by my direction. There
had been no 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 of the papers and docu-
ments remaining in the custody of the
department, to convey the idea that they
were not official, and it was assumed
that the resolution called for information,
papers and documents of the same char
acter as were required by the requests
and demands which proceeded it, Every
thing that had been written or done on
behalf of the Senate from the beginning
pointed to all letters and papers of pri-
waite and unofficial nature as the objects
of search, if they were to be found in the
departments, 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 docu-
ments | have interpOsed my advice and
direction. This has not been as suggest
ed in the committees report, upon the
assumption on my part that the attorney
general or any head of "A 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 otherwise" but because
| \ ,,l h
held and addressed to me or intended for
my use and action purely unofficial and
private. not infrequently confidential and
having reference to the performance of Il
duty exclusively mine. ] consider them
f in no proper sense as upon the files of the
department, but as deposited there for
my convenience, remaining still com
p pletely 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
p complain. Even the committee in its re-
port appears to concede that there may
be with the President or in the depart
q ments papers and documents which, on
+ account of their unofficial character, are
a not subject to the inspection of Congress
p \ reference in the report to instances
n where the House of Representatives
= ought not to succeed in call for the pro-
duction of papers is Immediately follow
: ed by this statement:
: The committee feels authorized to state
| after Il somewhat careful research, that with
in the foregoing limits there is scarcely in tn,
history of this government, until now, any
/ instance of II refusal by II head of Il depart
o mcnt, or even of the President himself, t.
- communicate official facts and information
= as distinguished from private and unofllcia
> papers views, reasons and opinions to eithc
II House of Congress when Internationally de
% manded.
re To which of the classes thus recogniz
n ed do the papers and documents belon!
that are now the objects of the Senate
le request:
d They consist of letters and representa-
T. tons addressed to the executive or intend
Is ed for his inspection; they are volunta
+ rly written and presented by privat
id citizens who are not in the least instigal
t. ed thereto by any official invitation or a
N all subject to official control. While som
If of them are entitled to executive consid
y Grafton. many of them are so irrelevant
e. or, in the light of other facts, so worth
e. less that they have not been given tn
is least weight in determining the questio
to which they are supposed to relate
u Are all these, simply because they az
- preserved. to be considered official dOcl
IL mentS and subject to the inspection of tn
t. Senate: If not. who is to determin
tie which belongs To this class: Are til
rs motives and purposes of the Senate, Il
t. they are day by day developed, such Il
Y, would be satisfied with my selection
nj Am to submit to them ut the risk of b'
~ ing charged with making a suspensio
IS from office upon evidence which was NJ
even considered? Are these papers to /
st regarded official because they have n,
th n,,lN- haan b,,t oil In II
VI. public Offices! Their nature and chara
1t, ter remain the same, whether they al
az, kept in the executive mansion or depOsi
ar ed in the departments. There is no my
he FERROUS power of transmutation in d
on partmental custody, nor is there magic
of the underlined and sacred Solemnity
De- department files. If the presence
at these papers in the public offices is
lat stumbling block in the way of the pc
N. Torrance of senatorial duty, it can
" easily removed. The papers and doe
lat ments which have been described deri
or no official character from any cOnstit
he tional. statutory or other recurrence
by making them necessary to the perfo
nd nance of the official duty of the exec
in tive. 1t will not be denied, | suppo>
in that the President may suspend Il pub
ne officer in the entire absence of any pape
by or documents to aid his official iudgme
he and discretion. am simply prepared
let avOw that the cases are not few
of which suspensions from office have q
The pended more upon oral representati
IA made to me by citizens of known good !
the pute, and by members of the House
Gu Representatives and Senators of Il
ate United States, than upon any letters a
lu- documents presented for my eXamI
p Is ton. | have not felt justified in suSpe
the ing the veracity, integrity and PATRIOTS
of senators or ignoring their represent
her tiOns because they were not in par
:, OF utilization with the majority of TN
n ," associates, and recall Il few suSpenSio
by which bear the approval of individl
members identified politically with
of majority in the Senate.
on While, therefore, am constrained
2 of deny the right of the Senate to the pap'
ere and documents described So rs the rs
-" to the same is based upon the claim Il
ties they are in any view of the subject q
leo- cial. | am also led unequvocally