The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1886-03-10

Tho letter Of the Attorney General
In response 70 the resolution of the
Senate IN the particular case mentiored
IL the committees report was written
at my suggestion andby MY direction.
There have been no official papers or
documents filed in his department
relating TO the cases within the period
specified IN the resolution. The letter
was intended by its description of the
papers aud the documents remaining
in the custody Of the department to
convey the idea that they were not
uhcial, and it was assumed that the
resolution called for the information,
papers and documents of the same
character as were required by the
request and demands which preceded
1t. Everything that has been written
or doue on behalf of tie Senate from
the beginning has pointed to all letters
and papers of a private and Unofficial
nature as the objects of the search, il
they were to be found in the depart
ments, and provided they had been
presented to the Executive with q
view to their consideration upon the
question Of suspension from office.
Against the transmission Of such
papers and documents have in;erposed
my advice and direction. This has
not been done, a is suggested in the
committees report, upon tie assump-
zion or my part that tie Attorney
General or any other nead Of a 3epar;
ment sis the servant Of the President
:.nd is to give or withhold copies OF
documents in his Office according 10
the will of the Executive and not
otherwise" but because I regard the
papers and documents withheld and
addressed to me or intended for my use
and action, as purely unofficial and
private, not iufrequelItly confidential,
and having reference to the perform
ance Of a duty exclusively mine. l
consider them in no proper sense as
upon the files of the department, but
as deposited there tor my convenience,
remaining still completely under my
control. l suppose if desire to take
them into my custody l might do 50
with entire propriety, and if saw
bit to destroy them no one could COM
plain.
Even the committee in its report
appears to concede that there may be
with the President or in the depart
ments, papers and documents which
on account of their unofficial character
are not subject to the inspection OF
Congress. Reference in the report to
the instances where the House of Rep
resentatives ought not to succeed in
call for the production of papers is
Immediately followed by this state
n,ent: "The committee feels authorized
to state after q somewhat careful re-
search that within the foregoing limits
there is scarcely in the history of this
government until now any instance OF
the refusal by head of department
or even of q President himself, TO COM
municate official facts and information
as distinguished from private and
unofficial papers, motives, views, rea-
SONS and opinions to either House Of
Congress when unconditionally de-
manded.
To which of the classes thus recog-
niZe6 do the papers and documents
belong that are now the objects of the
Senste's quest? They consist of the
letters and representations addressed
TO the Executive or intended for his
inspection. They are voluntarily
written and presented by private citi-
zens who are not in the least instigat-
ed thereto by any official Invitation or
at all subject to official control. While
some Of them are entitled to executive
consideration many of them are 50
irrevelant or in the light Of other facts
so worthless that they have not been
given the least weight i'll determining
the question to which they are suppos-
ed TO relate. Are all these, simply
because they are preserved, TO be con-
>idered official documents and subject
TO the Inspection of the Senate? If
not, who IS to determine which belong
70 this class? Are the motives and
purposes of the Senate. as they day by
day develope, such as would be salts
fed a. my selection? Am to submit
TO them at the risk of being charged
with making suspension from Office
upon evidence which was not even
considered? Are these papers to br
regarded as official becanse they have
not only been presented but preserved
IN public Offices? Their nature and
character remain the same, whether
they arc kept in the Executive Mansion
or deposited IN the departments.
There are no mysterious powers Of
trau>mutation in departmental cus:o-
dy, nor is there magic in the underlined
aud sacred solemnity of department,
files. If the presence of these papers
in public Offices is stumbling block
in the way Of the performance of
Senatorial duty, it can easily be re-
moved.
The papers and documents which
have been described derive no official
character from any constitutional,
statutory or other requirement making
them necessary to the performance OF
the official dnty Of the Executive. It
NAV not be denied, I suppose, that
the President may suspend public Off
GERS il the entire absence of any paper
or documents to aid his official judy
ment and discretion, and | am quite
prepared to avow that cases are not
few in which suspensions from Offices
have depended on oral representations
made to me by citizens ofknown good
repute, and by members of the House
of Representatives and the Senators of
the United States, more than upon any
letters and documents presented for
nv examination. have not felt iusti.