The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-02-19
a right to know all that officially exists or takes
place in any of the departments Of the govern

The committee feels authorized to state,
after a somewhat careful research, that within
theforegoing limits there is scarcely until now,
an instance of a refusal by a head of a depart
nent, or even of the President himself, to com
municate official facts or information as distin-
gnished from private and unofficial papers, mo-
ttses, views, reasons and opinions. to either
house of Congress when Internationally dc.
manded. Indeed, tho early journals of the SEN
ate show great numbers of instances OF directions
to the heads of departments-as of course-to
furnish papers and reports upon all sorts OF
affairs, both legislative and executive. The
instances of requests to the President and com
mands to the heads of departments by each
house of Congress, from early days until now,
for papers and information on every conceivable
subject of public affairs, are almost innumernble,
for it appears TO have been thought by all the
Presidents who have carried on the government
now for almost a century, that, even in respect
ofrequests to them by an independent and CO.
ordinate branch of the government. they were
under a constitutional duty and obligation TO
furnish to either house the paper called for,
unless 1t has happened, in very rare instances,
when the request was coupled with an appeal to
the discretion of the President in respect Of the
danger of publicity to send the papers, if in his
Judgment it should not be incompatible with
the public welfare
The presidents to establish this proposition,
many of which have been made public, are cited
and discussed at great length, and the report
continues as follows:
s'The committee feels safe in stating from the
research it has made that the course of the gov
ernment has been constant, and continuous, and
unchanged from the beginning until now, and
that, in its belief. no instances within the prln-
ciples and limitations before stated has occurred
in which calls for official papers and files ad-
dressed either to the President in the form Of
requests or to the heads Of departments in the
form OF commands. have not been complied
with: but it has sometimes happened, where the
request to the President was merely a condi-
tional one. leaving to his discretion whether the
papers should be communicated or not, that
they have not been communicated.
1.-The practical construction of the Constitu-
ton in these respects by all branches of the
government for SO long a period would seem,
upon acknowledged principles, to settle what are
the rights and powers of the two houses Of Con-
gress in the exercise of their respective duties
covering every branch of the operations Of the
government. and it is submitted with confidence
that such rights and powers are indispensable to
fhe discharge of their duties. and do not in
fringe any right of the executive, and that it
does not belong to either heads of departments
or to the President himself to take into consid-
Grafton any supposed motives or purposes that
either house may have in calling for such papers.
or whether their possession or knowledge of
their contents could be applied by either house
to useful purposes. The Constitution of the
United States was adopted in the light of the
well-known history that even Ministers of the
English crown We're bound to lay before Parlia-
ment all papers when demanded, on pain of the
instant dismissal Of such Ministers on refusal,
through the rapid and ~effectual instrumentality
vf a vote of want of confidence. And the Con-
tinental Congress had for more than ten wears
itself governed the country and had control of
all papers and records, not by reason Of any
thing expressed in the Articles of Confedera-
tion, but by reason of the intrinsic nature of
free government The jurisdiction of the two
houses of Congress to legislate, and the power
to advise or to withhold advice concerning
treaties and appointments, necessarily involves
the jurisdiction TO officially know every step and
action of the officers of the law, and all the
facts touching their conduct in the possession of
any department., or even in the possession of
the President himself. There was no need to
express such a power. for it was necessarily an
inherent incident to the exercise of the power
granted.
1T will be observed that in this instance the |
seall for papers covered a period for more than
six months, during which the regular incumbent
of the office had been discharging its duties. and
also the further period of more than six months,
during which the person designated to disharge
tn0se duties on suspension or the officer, had
been acting. and that that person is the one
now proposed to be appointed to the place.
IL will also be observed that the President has
not undertaken to remove the incumbent of the
once. but has only, IN express and stated pur-
suance of the statutes on the subject, suspended
that officer, and that the same statutes express
lyprovide that such officer shall not be removed
without the advice and consent of the Senate,
and that II that advice and consent be not given,
the incumbent would unless his regular term
OF Office should have previously expiredl, at the
cloSe of this session of the Senate, be restored
to the lawful right to exercise its duties. The
Senate, then, by this nomination, is asked to adj
wise and consent to the removal of the incum-
bent and to the appointment Of the candidate
proposed for his place. In exercising its duty in
respect of these questions, it is plain that the
0onduct and management of the incumbent is a
matter absolutely essential to be known to the
Senate. In order that it May determine whether
1t can advise his removal or rightly leave
him to resume the functions of his
Office at the end of its session, as well
as whether the candidate proposed has
In the exercises of the office under his designa-
ton. so conducted himself as to show that he is
competent and faithful. Indeed, it may be
stated with entire accuracy, that even in case of
= vacancy in an office, and the proposed filling of
-slch vacancy, it is important for the Senate to
now the previous condition and management of
lie Office, the state of its affairs, whether there
aaye been cases of misconduct or abuse of power,
the embezzlement of money, and, indeed, all the
circumstances bearing upon the administration,
In order that it may judge of the suitableness of
appointing a particular person to take up its
duties, with reference to the difficulties that
may exist in its affairs, the state OF the accounts
aud everything concerning its administration,
so as to measure the fitness and competency of
the particular candidate to meet the emergencies
OF the case"
A table is presented showing q large number
of persons appointed in the place of officers sus-
pended, and the query is made- Have these sus-
pended officials. or any considerable number of
them, been guilty Of misconduct in Office, or of
any personal conduct making them unworthy to
be longer trusted with the performance of duties
imposed upon them by lava Il they have, it would
seem TO be clear that every consideration of pub
lie interest and of public duty would require
that the facts should be made known. in order
that the Senate may understandingly and
promptly advise their removal. and that the
most careful scrutiny be had in respect to Sc
iecting their successors, as we'll as in respect of
providing better means and safeguards, by leg
~islation. for administering the laws of the
United States. Such information, it would
seem, the executive is determined the Senate
shall not possess, for the alleged reason that it
might enable the Senate to understand what
circumstances connected with the faithful exc
cution of the laws induced tile President to ex-
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