Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1886-03-06
REFUSES TO COMPLY.
The Presidents Reply to the Sen
ate's Demands
For Papers Relating to Suspensions From
Once.

sent q special message 10 lDe othate IO-udS
in regard to its demands for papers, in
which he takes the ground that papers re-
latng to suspensions from office are not
official papers, and consequently he does
cot feel justified in sending copies of them
T. the Senate. The following is the mes
sage
To The Senate ~ the United Stdtss-Ever /
since the beginning of the pre- ent session |
OF the Senate the different heads OF depart /
ments attached tn the Executive branch OF .
the Government have been piled with vart- ,
Gus requests and demands from committees
of the Senate, from members OF such com
mittees, and at last from the Senate itself,
requiring the transmission of reasons tor |
the suspension of certain officials during .
the recess of that body, or Tor the papers /
touching the conduct OF such omclals, or |
for all papers and documents relating TO |
such suspensions. or for all documents ana /
papers filed in such departments in rela- |
ton to the management and conduct OF the |
Offices held by such suspended oihclals. Inc
different terms from time to time adopted III
making these requests and demands, the or
der in which they succeeded each other, ana
the fact that when made by the Senate the
resolution for that purpose was passed In ex-
ecutive session, have led to presumption,
the correctness OF which. ! suppose will be
candidy admitted, that from first to last the
Information thus sought and thepapcrs thus
demanded were for use by the Senate and its
COmtDsllrts III tbuslitIilib tuc pIbPAANNs Va
the suspensions referred to.
Though these suspensions are my eXecu-
tive acts, based upon considerations ad-
dressed to me alone. and for when / am
wholly responsible, have had no invitation
from the Senate 10 state the position which
have II coustrainei to assume in re- Iation
to the same or to interpret for myself my acts
or motives in the premises
In this condition of affairs have fOreDOrne
addressing the Senate upon the subject lest
] might be accused Of tnr sting myself un-
bdden upon the attention OF that body.
But the report of the Committee on the
judiciary of the Senate, lately presented and
published, which censures the Attorney-Oe en-
eraI of the United states for his refusal to
transmit certain papers relating to su pen
sion from office, and which also, if correctly
interpret it, evinCes misapprchenslon OF the
position of the Executive upon the question
| of such suspensions, will, hope justify this
| communication.
| The President refers to the resolution of
| the Senate calling for the Dustin papers and
the reply of the Attorney-General thereto,
| and says:l
Upon this resolution and the answer there
| to the issue is thus stated by the Committee
| on the Judiciary at the outset of the report;
| "The important question, then, is whether il
| il within the constitutional competence OF
| either House of Congress TO have access 70
| the official papers nd documents in the
| various public Offices of the United States
created by laws enacted by themselves"
do not suppose that THE public offices of
| the l nlttu states are ftRHldth VI tbHlibi4-
| ed in their relations TO either House of Con.
| ere~s by the fact that they were created by
! laws enacted by themselves ltmu't be that
| these instrumentallties were created for the
| benefit OF the people and to answer the gen
eral purposes of Government under the con.
| stitutiun and the laws and that they are un'
| ncumhered by any lien in favor of either
| branch of Congress growing out OF their CON
| struCtiOn, and unemb barrasscd by any oblga'
ton to the Senate us to the pride of their
| creation. The complaint of the committee
| that access TO official papers IN the publlc Of
fees is denied the senate is met by the state
ment that at no time has il been the dispONl-
ton or the intention of the Presld nj or
any department of the Executive
branch of the Government to withhold from
the Senate official documents or papers filed
in any of the public Offices. While ii is by no
means conceded that the Senate has the
right in any case TO review the act OF the
Executive in removing or suspending pub
lie officer upon ofiic al documents. or other
wise it is considered that documents and
papers of that nature should, because theY
are official, be freely transmitted 10 the Sen
ate upunits demand trusting the use OF the
! same for proper and legitimate purposes to
the good faith of that body. And though no
such paper or document has been specifically
demanded IN any of the numerous requests
and demands made upon the departments,yet
| Hs often as they were found in the puOHC
| Offices they have been furnished in answer TO
such applications.
The letter of the Attorney-General in re-
spunse to the resolution of the Senate in the
| particular case mentioned In the committee :
report was written at my suggestion and by
my direction. There had been no official
paper or documu' Is filed in his department
relating to the case within the period speel'
fed in the resolution. The letter was in
| tended hy its description of the papers and
documents remaining in the custody Of the
department, to convey the idea that thcy
were not official; and it was assumed that the
resolution called for information, paper and
documents of the same character a. were re
Quircd 10y the requests and demands whict
: preceded it, Every thing that had beer
written or done on behalf of the Senate from
the beginning pointed to all letters and pa er'
OF private and unofficial nature aS the OBJ
: iects OF search, if they were TO be found In
, the departments, and provided they had been
presented to the Executive with view tC
their cunsidc ration upon the question of sus
pension from Office.
Against the transmission of such paper:
Q and documents have interpoSed my advice
and q Erection. This has not been done rs il
suggested in the committees report. upon
the assumption on my part that the Attorney
General, or any other head of department
=, IS the servant of the President, and is to give
or thhold copies OF documents n his oihc(
according Ia the will of the Executive anC
: not otherwise. but because ! regard the pa
pcrs and documents withheld and addresSe,
; TO me or intended for my use ana actor
purely unofficial and private, not infreQucntll
confidential, and having reference to thu
performance of duty exclusively mine
= ] consider them in no proper sense a
. upon the files Of the department. bu
. ~ deposited there for my convcn
fence, remaining still completely under IN.
control | suppose If desired TO take then
a into my custody might do So with cutir
prrpriety. and ii saw tit to destroy them N
Y m,uts that are now the objects of the Sen
!. atcs quest consist of letters and representa-
' ;ions addressed to the Executive or iutende,
II Tor his ius speCtiun. they are Voluntnril,
mud uFpsppf,t nv nriNntl pitiynus
who are not In the least instigated thereto b.
l. any Official invitation, or at all subject 4
: official control While some of them are en-
a titled to Executive consideration, many o
: them are So irrelevant, or in the light OF othc
fHct- So worthless that they have not bee
/. given the least We ght in determining tn
Il question to which they are supposed to II
\ late.
II Are all these, simply because they are pr,
serve, to be considered official document
and subject to the inspection OF the Senate
e II not, who Is To determine which belong Il
!. this class: Are the motives and purposes o
the Senate. as they art day 10y day developed
: such as would be satisfied with my selection
t Am to submit TO theirs ut the risk OF heln
1, charged with making u suspension from olhc
upon evidence which was not even consld
. eredy
l. Are these papers to be regarded official he
= cause they have not only been presented bu
!, preserved in the ubc ofhccst Their natur
u and character remain the same. whether the
= arc kept in he Executive Mansion or depos
tied in the departments. There is no mystt
rious u, er or transmutation i'll department
Ia al custody, nor Is there magic in the undt
fined and sacred solemnity of departmen
l, files. II the presence of these pap RS IN IN
Il public Offices is "A stumbling block IN the wa
v Of the performance of Senatorial duty IT ca
: be easily removed.
s. The papers and documents which hav
is been described derive no official characte
"a from any constitutional, statutory or othe
" requirements making them necessary I
the performance of the Official duty Of tn
Executive.
o Ii wi not be denied. suppose, that IN
a. President may suspend Il public officer in th
:, entire absence of any papers or documents I
II aid his ofhciul Judgment and discrimination
Is Aud am quite prepared to aNow that tn
ia cases are not few in which suspensions frol
Office have depended more upon moral rcpr,
sentations made to me hv citizens of know
y | good repute and by members OF the House Q
is Representatives and senators OF the Unto
States than upon any letters ana document
presented for my examination. ! have nc
r. felt justified In suspectng the veracity, II
;. tegrity and patriotism of senators, or igno
~ ing their representations, because they wer
o. not In party attliation with the majority c
id their lrassociates. and recall few suspei
N eiuns which bear the approval Of indiv Ddvi
y members identified politically with the mi
:. 1orlty in the senate.
lr While, therefore, | am constrained TO den
. the rights of the Senate to papers and doci
. ments described, 30 far as the right TO th
Y same is based upon the ella IN thgt they are
any view OF the subject official, am also le
=. | uneouivocally To dispute the right Of th