Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-02
ELEVELAND'S MANIFESTO
NIGHTS OF SENATE AND EXEC
UTIVE EXPLAINED.

'Rpers not Necessarily Given an Official
Nature Because Deposited In the De-
partments-POwer of Removal Vested
Exclusively in the President by the
Constitution.
WASHINGTON, March 1.-At 1:20
PcIock to-day Mr.. Hale moved that the
enate proceed to consideration of execu-
i've business. The motion was agreed 20,
Ind the Senate went into executive ses-
lion. At 2:40 O'Clock the Senate doors
we're reopened, and the Chair laid before
ihe Senate a lengthy message from the
President bearing on the right OF the
senate or Senators to have access to
papers, ETC., IN the Executive Depart
nent relating to suspensions from Office.
The message was read at length, extra
rdinary stiffness prevailing on the moor
II the Senate, and the emphatic loudness
ind clearness of Chief Clerk JOhnson's
leading served to notify the galleries that
something unusual was afo0t, and be-
ore the reading was completed the gal
cries were crowded.
The message was first received when
,he Senate was in secret session. When
/ was laid before the body Mr., Harris
proposed that it be read with closed
DOORS.
Messrs. Kenna and Van wyck pro-
ested sharply against this proceeding,
and demanded that the doors te opened.
Lfter a brief debate Mr.. Harris with
rev his proposition, and when the doors
yere opened the message was read.
ITS FULL TEXT.
The following is its fun text:
1G 5he senate of tie United states:
Eyer since the beginning OF the present ses-
son Of the Senate. The different heads OF the
departments attached to the executive branch
OF the government have been piled with vari-
Gus requests aud demands from committees of
the Senate, from members OF such committees,
and at last from the Senate itself, requiring
the transmission of reasons for the suspension
Of certain officials during the recess OF that
body. or for papers touching the conduct of
suon officials or for all papers and documents
relating to such suspensions or for all docu-
ments and papers filed in such departments
IN relation to the management and conduct OF
the offices held by such suspended officials.
THE OBJECT UNDERSTOOD.
The different terms from time to time
adopted in making these requests and de-
mands, the order in which they succeeded
each other, and the fact that when made by
the senate resolution for that purpose was
passed in executive SESSION, have led to the
presumption, the correctness Of which will.
suppose, be caudidly admitted that from first
TO last the information thus sought and the
pdDtIb bHNH uelAnQ6u were QSblE6Q 1Of USE
ny the Senate and its committees in consider
ing the proprlety OF the suspensions Feferr, d
10. Though these suspensions are my eXecu-
tive acts, based upon cons derations addressed
to me alone. and for which ] am wholly re-
sp0nsible, have had no invitation from the
Senate TO state the position which have felt
constrained to assume in relation to the same
Or to interpret for myself my acts and mo-
lives in the premises.
WHY HE EXPLAINS.
In this condition of affairs have foreborne
addressing the Senate upon the subject. lest
might be accused OF thrusting myself uDbid-
den upon the attention of that body. But the
report of the Committee on Judiciary of the
Senate, lately presented and published, which
censures the Attorney General OF the United
states for bis refusal to transmit certain pa
pers relating to a suspe nsion from Office, and
which, also. IL ] correctly interpret it,
evinces msapprehenslon of the position
Of the Executive upon the question Of
such suspensions will. | hope. justify this
upon the resolution Of the Senate, directed to
the Attorney General, and his reply to the
same. This resolution was with consldera-
ton OF nominations for ofhce.
WHAT WAS DEMANDED.
It required the Attorney General "to trans
mt to the Senate copies OF all documents and
papers that have been fled in the Department
of Justice since Jan, !, 1885. in relation to the
arrangement and conduct OF the office OF the
District Attorney of the United States of the
BOuthern district OF Alabama" The lncum-
bent of this oficeon Jan. :, 1885, and until
July IL ensuing was George NJ. Duskin, who
ON the day last mentioned, was suspended by
an executive order ana john ID. Burnett de-
signated TO perform the duties OF said Office.
At the time of the passage OF the resolution
above referred to the nomination of Mr.. Bur
nett for said ONCE was pending before the
Senate, ana all papers relating to said noml-
nation were before that body for Its inspec-
ton and information.
MIR. GARLAND's REPLY.
la reply TO this resolution. the Attorney
General. after referring TO the fact that the
paper relating to the nomination of Mr.. Bur-
bett had already been sent to the Senate,
stated that he was directed by the President
70 say that the papers and documents which
we're mentioned in said resolution aud still
remained in tho custody OF this department.
having exclusive reference 10 She suspension
Nv the President of George NJ. Duskin, late
incumbent Of the Office of District Attorney
for the Southern District Of Alabama. 1t Is
not considered that the public interests will
be promoted by compliance with said resolu-
ton and the transmission of the papers and
documents therein mentioned TO the Senate
IN executive session.
TIRE ISSUE RAISED.
Upon this resolution and the answer thereto
the issue Is thus stated by the Committee on
Judiciary at the outset Of the report: "rhe
important question, then, IS whether IL IA
within the constitutional competence OF
rither house of Congress TO have access TO the
official papers and documents in the various
public Oftices OF the Jnlted stat6s created by
laws enacted by themselves" / do not sup
pose that the public Offices of the United
Statesr are regulated or controlled in their
relations to either house of Congress
NV the fact that they were ''created
by. laws enacted by themselvcs.n 1t must he
ih&t these instrumentallties were created for
the benefit OF the people and TO answer the
general purposes Of the government under
ihe constitution and laws, and that they are
unncumbered by any lien in favor OF either
branch OF Congress growing out Of their con-
ptructiOn. and uucmbarrassed by any Obliga-
lion to the Senate US the price OF their crea-
lion.
CLEVELAND's STAND.
The complaint Of the committee that access
b. the Official papers In tho public Offices Is de-
nied The Senate il met by the statement
that at no time has IL been the disposition or
Intention Of the President, or any department
nf the executive branch Of the government,
iO withhold from the Senate ofiicial documents
nr papers fled IN any OF the public offices.
While IL is by no means conceded that the
Senate has right In any case 10 review the
Act Of the Executive 10 removing
hr suspendng public officers upon
nhicial documents or otherwise,
u is considered th documents and papers of
That nature should. because they are official,
be freely transmitted TO the senate up0n lts
Remand, trusting the use OF the same for
proper and legitimate purposes TO the good
ioifh Of that body, aud, though no such paper
OF document has been specifically demanded
IN auy OF the numerous requests aud demands
made upon the departments. yet as often rs
thew were found in the public Offices they have
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