Madison times. (Tallulah, Madison Parish, La.) 1884-1???, 1886-03-06
EDMUND'S EXPLOSION.
Report Of the Senate Judiciary
Committee.
No Confirmations Unless the Presi-
dent Yieids-The Senator from
Vernon Leads His Party.

Senator Edmunda frCm the committee on
the judiciary made long report to the Sem
ate. accompanied by a set of resolutions. The
report recites the facts and circumstances Of
the removsl OF Dustin and the appointment
of his successor as United States attorney for
the Southern district Of Alabama. 1t declares
that II had been the uniform practice CT the
judiciary committee since the passage OF the
tenure OF Office act to call upon the heads OF
departments for all "papers and information"
in the possession of the department touching
the conduct and administration OF the officer
proposed to be removed, and the character
and conduct of the person to be appointed.
This has been done with the unanimous ap-
proval of all the members, although the COM
position of the committee has been, during
the period. sometimes of one political char.
acter and sometimes Of another. In no in-
stance until this time has the committee met
with any delay or denial in respect to furnish
ing such papers and information, with q
single exception, on which exception the delay
and suggested denial lasted only for two or
threedays.
The report quotes the resolution adopted by
the Senate calling upon the attorney general
for the papers in the above mentioned case
and his reply thereto, and continues:
This letter. although in response to the d.
rection of the Senate that copies of any papers
bearing on the subJect within q given period
Of time be transmitted, assumes that the at
torney general of the United States is
THE 8 RvAST oP THE PRESIDENT
and is TO give or Withhold copies OF documents
in his office sccOrdiag to the will of the execu-
tive, and not otherwise. Your committee Is
unable TO discover either in the original of an
act OF 1889 creating the Cfhce of attorney
general or in the act creating the department
of Justice, any provision which makes the
attorney-genersl OF toe United States in any
sense the servant of. or controlled by the exc
cptive in the performance OF the duties i'm
puted to him by tie law or the nature OF his
office. The executive is bouGd b. the consll-
tuition and by his oath TO take care that the
laws be faithfully executed, and he Is himself
IS much bound by the regulations Of law ss
the humblest officer in the service of the
United States. and he cannot have authority
to undertake to faithfully execute the laws,
whether applied TO his own specia! functions
or those OF the departments created by law.
otherwise than By causing, so far as he law
fully may. and by lawful methods the heads
OF departments and other Ulcers OF the nited
ates to perform the duties which the law
and not his will hiss deputed TO them.
The important question then is, whether it
is within the constitutional competence of
either house Of congress to have access to the
IA Hall gr,t bo,
public Offices OF the United States created by
laws enacted by themselves. 1t may be fully
admitted that, except in respect of the depart
ment of The treasury, there is no statute which
commands the head of any department to
transmit TO either house OF congress, on its
de- emand, any information whatever concern
ing the administration OF hi; department, but
the committee believes 1t tobe clear III 1t from
the very nature of the powers entrusted by
the constitution to the two houses CT congress
1t is necessary incident that either house
must have at all times
THE RIGHT TO KNOW
a that off :ially exists or takes place in sny
of the departments of the goyernm; ;nt.
The committee feels authorized 10 state,
after ssomeyh At careful research. thst within
the foregoing limits there is scarce IL until now
any Instance of refusal by heal OF a de.
or even of the President himself, to
official facts or Information as
from private and unofficial pa
pers, motives, views, reasons and opinions TO
either houses Of congress when uncondition.
ally demanded. Indeed the carl, journals Of
the Senate show great numbers Of instances
OF directions to the heads Of cepartments-as
OF course-to furnish papers and reports upon
all sorts of aft airs, both legislative and eXecu
tive.
The instances of rtquests to the President
and commands to the heads OF departments
by each house OF congress from early days
until now for papers and Information on every
conceivable subject OF putlo affairs are al
most innumerable. For it appears to have
been thought by all the Preside uts who have
carried on the governments now for almost q
century that even in respect OF requests to
-em by an independent and coordinate
branch OF the government, they were under a
duty and oblig alton TO furnish
to either house the papers called for. unless it
has happened in very rare instances, when the
request was coupled with an appeal to the dis
cretion of the President in respect TO the dan
ger Of publicity to send the papers IL in bis
Judgment IL should not be Incompatible with
the public welfare.
THE PRBCBDsSTs
to establish the proposition, many Of which
have been made public, are cited and dis
cussed at great length, and the report cOntin-
uee, as follows:
The committee feels safe in stating from the
research 1t has made, the course Of the gov
ernment has been constant and continuous
and unchanged from the beginning until now,
and in its belief no instance within its princi
pies and limitations before stated has occur
red in which calls for oficial papers and files,
addressed either TO the president in the form
of request. or to the heads Of departments in
the form of commands, have not been COM
piled with; but II has sometimes happened
where the request to the president was merely
q conditional one, leaving to his discretion
whether the papers should communicate or
not, that they have not been communicated.
The practical construction of the constitu-
ton in these respects by ell branches Of the
government for 90 long period would seem,
upon acknowledged principles, to settle what
are the rights and powers OF the two houses Of
congress In the exercise of their respective
duties, covering every branch of the opera
tions of the government, and 1t Is submitted
with confidence that such rights and powers