New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-02-19


OF the present Constitution in establishing Depart
ment Of Foreign Affairs and providing for priucipa
officer thereof thought IL fit TO enact that all books
records nnd other papers in that office should be opef
to the inspection of any Member of Congress, pro
vided that copy should be taken of matters of
nature without special leave OF Congress. 1t was no
thought necessary TO enact that the Congress itse
should be entitled to the production and inspection
such papers for that right supposed to exist II
the very nature OF things and when under the Cons
tuition the Department came to be created although
the provision that each individual member of Con
gress should have access to the papers omitted
evidently for reasons that will now he quite vel
understood) 1t was not thought necessary that an
affirmative provision should be inserted giving to the
Houses of Congress the right to know the contents
the pt bic papers and records In the public offices
the country whose laws and whose Officers they were
TO assist in creating. is believed that there is in
stance of civilized Governments, having bodies repre-
sentative of the people of States, in which the right
and power of those representative bodies to obtain in
one form or another complete information to every
paper sud transaction in any of the Executive Depart
ments thereof does cot exist even though such papers
might relate to what is ordinarily an Executive
function, it that function infringed upon duty OF
function OF the representative bodies qualification
OF this general right may under our Constitution exist
in the OF calls by the House OF Representatives for
papers relating to treaties etc. under consideration
and not yet disposed OF by the President and the
Senate.
NO INSTANCE OF A SIMILAR REFUSAL.
"Tbe Committee feels authorized to state after a
somewhat careful research that within the foregoing
limits there is scarcely in the history of this Govern
ment until now any instance of refusal 10y head of
Department of the President himself to COM
muncate official facts and information distinguished
from private and unofficial papers, motives, views,
reasons and opinions TO either House of Congress,
when Internationally demanded In deed the early
journals of the Senate show great numbers of in
st0nces OF directions to the heads of DepGrments-as
of cOursetO funsh papers and reports upon all sorts
of affairs 10th Legislative and Executive The in
stances of requestto the President and commands TO
the heads OF by each House of Congress
.Lorn ffnf
on every conceivable subject of public affairs are
almost innumerable For 1t appears TO have been
thought by all the Presidents who have carried the
Government for almost century that even in
respect of requests TO them by an independent and
coord uate branch of the Government they under
Constitutional duty and obligation TO furnish to
either House the papers called for unless rs has hap
pcned in very rare instances when the request was
coupled with appeal 10 the discretion OF the Presi
dent in respect OF the danger of publicity to send the
papers in his Judgment il should not be incompatible
with the public welfare. Even In times of the highest
party excitement and stress as in 1876 and 1914. II
did not seem to occur to the Chief Executive OF the
United States that ii possible that any official
facts information existing either in the Departments
created by law within his own possession, could,
before stated be withheld from either OF the
Houses of Congress, although snch facts information
sometimes involved very intricate and delicate matters
foreign affairs, we'll sometimes the history and
conduct of officers connected with the administration of
affairs Thus i'll 1926 when the Senate thought fit 10
ass a resolution that in considering whether the
United States should be represented in the Congress of
Panama, the Senate ought 10 act with open doors
nnless the publication of the documents referred to in
debate would be preudical to existing negotiations
and that the President he requested 10 inform the Sen
ate whether such lection existed 10 the publication
of the documents communicated by the Executive. and
il So to specify the paris which would for that reason
be Objectionable the President replied that AL the
communications had been made to the Senate in conf
dence and proceeded TO say Believing that the estab
lished free confidential communication between the
Executive and the Senate ought for the public interest
to be preserved unmpared, deem il NV indispensable
duty to leave to the Senate itself the decision of the
question involving departure hitherto, so far as am
Informed without example from that usuage and NJ on
the motives for which. not being informed of them.
do not feel myself competent 10 decide and although
In this instance there question IN regard to the
merely whether the Executive was bound to give an
opinion the Senate III such twenty out OF the
-four Senators present appear 10 have voted on
the yeas and nays Tor the proposition that the res
dent in such was bound to give such an opinion
to the Senate. Among those twenty were Senators
Benton Cobb Dickinson, Hayne. King Mason, Ran
dolph Van Buren, and Woodbury. and by vote of q
IS the SeDatc decared that it had the right to pub
lish communications so made and discussed the same
with open doors without the consent Of the President
when their opinion the public interest may require
such publication and discussion.
Ia 1912 the House of Representatives charged the
select committee to inquire the cause manner and
circumstances of the removal of Sylvester, late
clerk i'll the Pension Office, with power 10 send Tor per
and papers. On the 18th of July, 1872; Mr.
arret Davis reported 10 the House upon the subject
stating that the Committee had requested the Secretary
to furnish for lis copy of the charges against Sy
vester and q copy OF the order Diminishing him ana
copies of any other papers IN the Department touching
his removal lie quotes from the response OF the Sec
rotary a. follows: The letter dismi.sng Mr.. Syy6s-
ter made public record OF The Department aud
therefore transmit COPY of II herewith agreeable 20
your redI est here is other paper OF the descrp-
ton Gifted in your request or relating 10 the subject
the files OF tins DepaI tmcnt nor IL there any IN my
possession which Is not al confidential character
The faithful discharge of the duties devolvng upon
heads OF Departments frequently renders IT OF g. entail
importance to preserve confidential communications he
eucl and private honor ~ well pub
tic policy OTbids that pledge thus given should he
violated Everything in the files was produced with
out question The House adjourned soon after this re
por, and final action taken upon the subject This
report is valuable "A discussion of the general
questions connected with patrol age that the Commit
think il iii To append II To this report IT VIII be
in this instance that there attempt on tho
part of the Secretary to deny the right of the House 10
have the inspection of all papTs in the files OF the De
partment, but he only put himself upon the ground
that private and confidential communications that were
not on the files OF the Department ought not to be dis
closed
4 CASE IN PRESIDENT TYLERs TIME.
"On the 18th of May, 1914 the Senate in executive
session adopted a resolution directing the Secretary of
the Treasury TO communicate whether any and what
sums of money had bten drawn from the Treasury to
carry into eject the orders of the War and Navy De
partments made the 18th OF April OF that year Tor IN
creasDg the military force ON the frontiers Of Texas
etc On the 2sth of the same month, President Tyler
sent message 10 the Senate stating that fhc Secretary
had communicated the Senate resolution 10 him. lie
then says: While | cannot recognize this call thus
made the head OF the Department as consistent with
the constitutional rights OF the Senate when aching IN
it's executive capacity, which in such case can only
properly hold correspondence with the President OF
The United States nevertheless from anxious desire
to lay before the Senate all such information ~ may
be necessary enable 1t, with full understanding TO
act VI any subject which may be before II, here
with transmit communications which have been made
to me BY the Secretaries of War and NAVY Depart
in full TO the esolution of the Senate In
this instance 1t will be that there IL no iniimai0n
Of denial Of the right of either House OF Congress IN
exercise OF it's general jurii dicon to have knowl
edge of papers in and acts of a Department OF the
6 owe rnment but only claim that when such papers
are wanted in tho executive capacity OF the Senate
they ought be called for from the President direct Ii
must be supposed Il AT President Tyler ignorant OF
the fact that such maDds TO heads of Departments
bad been made by the Senate continuously on the
foundation of the Government down TO that time, and
that those commands had been Obcyed else he must
have supposed that an unbroken and unchanged prac
ice of the Senate under tue Constitution for than
$1,000 ILL -a LII ...