The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-05
PRIVATE OR PUBLIC PAPERS,

E~
opinion of President Cleveland's remarkable
message to the Senate, refusing access to doc
uments on file in the departments. The
World is moved to tap the President right be-
tween the eyes, and does it quite artistically
by quoting the reply made the Senate by the
Encouragement, by order of the President,
and supplementing this with an excerpt from
the Presidents personal message. Mr.. Gar
lands reason for refusing access to the papers
on the Dustin case, on file in his department,
had exclusive reference to the suspension by
the President, and the President did not con-
slider that the public interests would be pro-
NOTED by the transmission Of the papers and
documents to the Senate. The World pro-
ceeds to show with evident irony) that the
President FASTENED to correct the Attorney
generals blunder in claiming that public doc
uments were not public property and open to
inspection. The World quotes from the Pres
idents message as follows:
cat no time has it been the disposition or
ZIG lutouLlou OI Lu0 L rcSlUcHU VI any UopdIt-
ment of the executive branch of the govern
ment to withhold from the Senate official doc
uments or papers filed in any of the public
offices. While it 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 q public officer, upon official doc
uments or otherwise, it is considered that doc
uments and papers of that nature should, be-
cause they are official, be freely transmitted to
| All Cooo%o ,,ooo - Iorn~.J 4~-4.c~ &ho ,oo
of the same for proper and legitimate pur-
poses to the good faith of that body" :.
The World, commenting, continues:
s'The President having thus corrected the
mistake made in the Attorney-generaPs reply,
and the entire, absolutely unrestricted right
of the President to suspend public officers in
his discretion or at his will during a recess of
the Senate, without being required to give
any reason for his action to the Senate or to
any other authority, being universally con-
coded, the issue between the President and
Senate, if any remains at all, seems TO be re-
duced to the simple question, What are pub
lie papers?'
Common sense would dictate that papers
are made public documents by filing them in
a public department. What are they filed for9
Clearly for future reference in affairs not of a
private character, but of public concern.
AoSI LAhJ Ia OASASLASS w AAO SASSASAf
| duties. but does that prevent them from being
public documents any more than it would if
they had reference to a purely legislative duty
or to a purely judicial duty? Does it make
them any the less official papers because
they are connected with the official business
of the President, than they would be if they
were associated with the official business of
any other public officer? And if they are pub
lie and official documents, does not the Presi-
dant cnpcada that tho Gapoto hoe a riuht IN
examine them.
"The proposition that any documents on file
ina public office or department can be con-
sidered the private property of any President,
who at any time he pleases can cart them
away and make a bonfire of them, or can pack
them up and carry them home with him at
the close of his term, seems very doubtful.
If a President receives private and confidential
letters intended for his own eye alone and for
his private information, why should he put
them on file in a public department. Why
should be not keep them in his own possession,
as he would a letter from a relative or q per-
sonal friend on social s~ubjectsg Does not the
fact that he files them in a government de-
partment indicate that they are put away for
future reference, if .required, and as a part Of
the documentary history of the adnlinistra-
ton?
"All that the President says of his absolute
right to suspend public officers in his discre-
ton is true. 1t is conceded. He has the ex-
ecutive power. He is bound to see that the
laws are maintained. He is largely response
ole for his a~ppointees, and the public well
fare demands that the executive shall have
the power to make absolute and swift suspen-
sions while the Senate is not in session. The
Republicans do not deny it. No one who un-
derstands our Constitution and our system of
government can or would deny it.
"Now that the President frankly admits
that the Senate has a constitutional right to
all public documents, and chat public papers
tied and removed. The only question now re-
naming is why the President should put his
private, confidential papers upon the files Of
the Department of Justice"
The World is correct in saying that the Re-
publicans do not deny the Presidents right to
make absolute and swift suspensions" Re-
publicans have not presumed to ask that he
have any valid reason for such suspensions.
1t would be enough if the President simply
communicated the fact that the official was
suspended and some one nominated to sue
| coed him. In such case the rights of no one
would be trampled upon. The point at issue
is not a question Of the Presidents right in
matter of suspensions. The President pro-
voked this collision by not having the cour-
age to exercise the functions of his office with
out appearing to conform to the spirit Of his
civil-service pledges, by which he engaged to
dismiss no official except for cause. To pro-
cure these Causes a confidential circular
letter was issued to Democratic Congressman,
explaining that charges were all that was
necessary, but that Charges" must be pre-
ferred if places were wanted. AS might have
been expected, this stimulated the business,