Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1886-03-11

OhAfCc dCCOiuiuB 70 the VIII OF the
Executive, and not otherwise but
because regarded the papers and doc
uments withheld and addressed to me
or intended for my use and action,
purely unofficial and private, not in
frequently confidential, and having re-
ference to the performance of of q duty
exclusively mine. I consider them in
no proper sense as upon the files Of the
department, but as deposited there for
my convenience, remaining still COM
pletely under my control. / suppose II
1 desired to take them into my custody
1 might do so with entire propriety,
and IL ] saw fit TO destroy them no one
could complain. The papers and docu-
ments that are now the objects of the
Senate's search consist ofletters and
representations addressed to the Execu-
tive or intended for his inspection; they
are voluntarily written and presented
by private citizens who are not In the
least instigated 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 so irrelevant, or in
the light of other facts so worthless,
tldt tklCy nave IOb DCCu klNcD ttit lchSt
weight in determining the question to
which they are supposed to relate. Are
all these, simply because they are pre-
served, to be considered official docu-
ments and subject to the inspection of
the Senate? If not, who is to deter
mine which belong to this class? Are
the motives and purposes of the Senate,
as they are day by day developed, such
as would be satisfied with my selection2
Am to submit to theirs at the risk of
being charged with making suspen-
sion from office upon evidence which
was not even considered? Are these
papers to be regarded as official because
they have not only been presented but
preserved in the public offices? Their
nature and character remain the same
whether they are kept in the Executive
Mansion or deposited in the depart
ments. There Is no mysterious power
of transmutation in departmental GUS
tody, nor is there magic in the undefin-
ed and sacred solemnity of department
files. If the presence of these papers
in the the public offices is q 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 requirement maxi
ing them necessary to the performance
of the official duty of the executive. 1t
will not be denied, suppose, that the
President may suspend public officer
in the entire absence of any papers or
documents to aid his official judgment
and discretion. And am quite pre-
pared to avow that the cases are not
few in which suspensions from office
have depended more upon oral repre-
sentations made to me by citizens of
known good repute, and by members
of the House of Representatives and
Senators of the United States, than
upon any letters and documents pre-
sented for my examination. have
not felt justified in suspecting the
veracity, integrity and patriotism
of Senators, or ignoring their represen-
tations, because they were not in party
affiliation with the majority of their
associates; and recall a few suspen-
sions which bear the approval Of indi-
vidual members identified politically
with the majority in the Senate.
While, therefore, l am constrained to
deny the right of the Senate to the pa
pers and documents described, so far as
the right to the same is based upon the
claim that they are in any view of the
subject official, I am also led equivocal-
ly to dispute the right of the Senate, by
the aid of any documents whatever, OF
in any way save through the judicial
process of trial on Impeachment to
review or revere the act of the Execu-
tive, in the suspension, during the
recess of the Senate, of Federal officials
I believe the power to remove OIL
suspend such official is vested in the
President alone by the constitution,
which in expressed terms provides that
"the executive power shall be vested
in President of the United States oi
America" and that she shall take care
that the laws be faithfully executed"
The Senate belongs to the legislative
branch of the Government. When tine
constitution by express provision
superadded to its legislative duties the
right to advise and consent to appoint
ments to Office and to sit as court OF
impeachmet, it conferred upon that
body all the control and regulation o1
executive action supposed to be neces.
sary for the safety of the people; and
this express and special grant ofsuch
extraordinary powers, notin any way
related to or growing out of genera
Senatorial duty, and in itself depar-
ture from the general plan of our Gov
ernment, should be held, under g
familiar maxim of construction, to eX'
clude every other right of interference
with executive functions.
In the first Congress which assembled
after the adoption of the Constitution
comprising many who aided in its pre-
paration, O legislative construction was
given to that instrument in which the
Independence of the executive in the
matter of removals from office was full
ly sustained.
think it was found that in the sub
sequent discussions of this question
there was generally, ifnot at all times, 6
proposition pending to in some way
curtail this power of the President
by legislation which furnishes evidence
that to limit such power it was sup
posed to be necessary to supplement
the Constitution by such legislation
The first enactment of this description
was passed under stress Of partisan
fship and political bitterness which cul
minated in the Presidents impeach,
ment. This law provided that the Fed
eral officers to which applied could only
be suspended during the recess of thu
Senate, when shown by evidence salts
factory to the President to be guilty o1
misconduct in office, or crime, or inca
pable or disqualified to perform theil
duties, and that within twenty days af
ter the next meeting of the Senate i
should be the duty of the President 'ttt