New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1886-03-10
CLEVELAND'S MESSAGE.
President Cleveland in a Message to the
Senate Refuses to Give Up Ger
tain Papers.
lie Claims That They Are Confidential.
and Says He Has Redeemed All
Pledges.
TIE MESSAGE.
The message is as follows:

TIE MESSAGE
The message is as follows:
To the Senate Of the United States: Ever since
the beginning OF the present session of the SEN
ate the different heads of the department. at
tached to the executive branch of the govern
Inent have neen piled with various requests and
demands from committees of the senate, from
members CT 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 the papers
touching the conduct of such officials, for
all papers and documents relating to such sus-
pensions, or for al documents and papers
filed in such department. in relation to the
management and conduct of the Offices held by
such suspended officials The different terms
from time to time adopted in making these re-
quests and demands the order in which they
succeeded each other, and the fact that when
made by the senate the resolution for that pur-
pose was passed i'll executive session, have led
to presumption, the correctness OF which will
suppose, be candidly admitted that from first
to last the information thus sought and the
papers thus demanded were desired for by
propriety of the suspensions referred to. Though
these suspensions are my executive acts,
based upon considerations addressed to
Wholly responsibe, have had G no invitation
from the senate to state the position which I
have felt constrained to assume in relation to
the same. or to interpret for myself my acts and
motives in the premises. In this condition Of
affairs have fcreborne addressing the senate on
the subject, lest might be accused Of thrust
ing myself unbldden upon the attention OF that
body. But the report of the COM
mittec of the judi ;iary of the seuate, lately
presented and published which censures the at
torncy general OF the United States for his re-
fusal to transmit certain papers relating to a
suspension from Office, and which also. if COR
rectly interpret it, evinces misrepresentation of
the position OF the executive upon the question
of such suspensions, will hope, Justify this
communication.
THE CASE OF DUSTIN
The president refers to the resolution CT
the senate calling for the Dustin papers and
the reply OF the attorney general thereto,
and says:
Upon this resolution and the answer thereto
the issue is thus stated by the committee on
Judiciary at the outset Of the report: "The i'm
portant question then, is whether it is within
the constitutional competence OF either house
of congress, to have access to the official papers
and 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 United States regulated con-
troled in their relations to either house of Con-
gress by the fact that they were created by
laws enacted by themselves" It must be that
these instrumcntalities were created for the
benefit OF the people, and to answer the general
purposes OF government under the constitution
and the laws. and that they are unencumbered
by any lien in favor of either branch OF congress
growing out Of their construction, and unenn-
harrasseu by any obligation to the senate as the
committee that access to official papers ip the
public Office is denied the senate, is met by the
statelnenJ tiiat at no time has it been the dis
position or the intention of the president CT any
officer in any department of the executive
branch Of the government to withhald from the
senate OFFICIAL documents or papers filed in any
OF tho 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 re-
moving or suspending a public officer upon Off
cial documents or otherwise, it is considered
documents n1tUr
should, because they official. be freely trans
united to the senate upon its demand, trusting
the use OF the same for proper and legitimate
purposes to the good faith of that body; and
though no such papers Or documents have been
specifically demanded in any of the numerous
requests and demands made upon the DEPART
ments vet as often as they were found in the
public offices they have been furnished in an
sWer to such applications. The letter OF the
attorney general in response to the resolution of
the SENATE III the particular case mentioned in
the committees report, was written at my sug-
sestion and by my direction. There had been
NO OFFICIAL PAPERS
Or documents Tiled in his department relating to
the case within the period specified in the reso-
luton. The letter was intended by its descrip-
ton OF the papers and documents remaining IN
the custody OF the departments, to convey the
idea that they were not official, and it was as
. sumed that the resolution called for information
papers and documents OF the same character as
were required by the requests and demands which
or done in behalf of the senate from
the beginning pointed to a letter and papers OF q
private and unofficial nature as the objects of
search. II they were TO be found in the depart
ments and provided they had been presented TO
the executive with a view to their consideration
upon the question Of suspension from Office.
Against, the transmission of such papers and
documents I have interposed my advice and
direction. This has not been done, as is sug-
gested III the committees report, upon the as
sumption on my part that the attorney general
or any other head OF a department. lis the servant
OF the president, and is to give or withhold
copies OF documents in his office according to
the will OF the executive and not otherwise"
but because regard the papers and documents
withheld and addressed to me- or intended
for my use and action, purely unofficial
ana private. Not infrequently confidential
ana having reference to the performance
OF duty exclusively mine, consider them in
no proper sense as upon the files OF the depart
inent. but as deposited there for nv conyen-
ience remaining still completely under my con-
troll. suppose il I desire to take them into
my custody might do so with entire propriety.
and II l saw fit to destroy them no one could
complain. The papers and documents that are
now the objects OF the senate's questions con-
SYST OF letters OF representations addressed to
the executive or intended for his inspection.
Ihey are voluntarily written and presented by
private citizens who are not in the least insti-
gated thereto by any official invitation or at all
subJectto official control. While some Of them
arc entitled to executive considerations many of
them are so prevalent or, IN the light Of other
facgs, SO worthless, that they have
NOT BEEN GIVEN THE LEAST WEIGHT
in determining the question to which they are
supposed to relate. Are these, simply because
they are preserved, to be considered official
documents and subject to the inspection OF The
senate II not. who is to determine which he
long to this class? Are the motives and pur-
poses of the senate as they are day by day de-
veloped, such as would be satisfied with nv
selection? Am 1 to submit TO these at the risk
OF being charged with suspension of officers
upon evidence which was not even considered?
Are these papers to be regarded official because
they have not only been presented but pre-
served in the public Offices? The nature and
character remain the same, whether they are
kept in the executive mansion or deposited in
the departments. There is no mysterious
power of transmutation in departmental Gus
tody, nor is there magic in the underlined
and sacred solemnity of department. files
II the presence Of these papers in the public
offices is a stumbling block in the way of the
performance of senatorial duty, it can be easily
removed The papers and documents which
have been described derive no official character
from any constitutional, statutory or other re-
quirement making them necessary to the per-
torrance Of the official duty of the executive
1t will not be denied l suppose, that the presi-
dent may suspend public officer in the entire
absence OF any papers or documents to
aid his official Judgment and discretion
and am quite prepared to avow that the
cases are not few in which suspensions from
ohlce have depended more upon oral representa-