The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-03-02

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to perform the duties of said office. AT the
time of the passage of the resolution above
referred TO, the nomination of Burnett for
said office was pending before the Senate,
and all papers relating :? sald nomination
information. In reply to this resolution, the
Attorney General, after referring to the fact
that the papers referring to the nomination
of Burnett had already been sent to the Sen
ate stated that he was dlrected Dy the Pres
ident to saw that the papers and documents
mentioned in said resolution and still re-
naming in the custody OF this de-
partment. having exclusive reference
to the suspension by. the President
of Geo. n. Dustin, 1t is not considered
that the public interests will be promoted by
compliance with said resolution and trans
mission of the papers and documents therein
mentioned to the Senate in executive session.
Upon this resolution and answer thereto an
issue is thus started by the committee on
judiciary at the outset Of the report. The
important question then is whether it is
within the constitutional competency of
either house of Congress to nave access t D
official papers and documents In the various
public offices of the United States created by
laws enacted by themselves. J. do not sup
pose that the public offices of the United
States are regulated or controlled their rela-
tion to either House of Congress by the fact
that they were created by laws enacted by
themselves. 1t must be that these lnstru--
the people and to answer the general pur-
poses of the government under the constitu-
tiOn and laws, and that they are unincunl-
bered by any lien in favor OF either branch
of Congress growing out OF their construc-
tiOn and unembarrassed by any obligations
to the Senate as the prize of their creation.
The complaint of the committee that ac-
cess to official papers in public offices is de-
MED the Senate is met by the statement that
at no time has it been the disposition or in
font noff ha prnci6nnt or nv 6nna rfnpnf
of the executive branch of the government TO
withhold from the Senate official documents
or rpapers filed in any of the public offices
while it is by no means conceded that tne
Senate has the right in any case to review
an act of the executive in removing or sus-
pending public officer, upon official docu-
ments or other papers of that nature showed,
because they are official, be freely transmit
ted to the Senate on its demand trusting the
use of the same for proper and legitimate
purposes to the good faith of that body and,
though no such paper or document has been
specifically demanded in any of the numer-
GUS requests and demands made the depart
ments yet as often as they were found In the
public offices they have been furnished In
answer to such application
The letter OF the attorney general IN re-
sponSe to the resolution of the Senate in the
particular case mentioned in the committees
report was written at my suggestion and by
my direction. There had been no official pa
pers or any documents filed in his depart
ment relating to the case within the period
specified in the resolution. Tie letter was
intended by its description OF the papers and
documents remaining In the custody Of the
department to convey the idea that they
were not official and it was assumed that the
resolution called for information, papers and
documents of the same character as was re-
qulred by the requests and demands which
preceded it. Everything. that had been
written or done on behalf of the Senate from
the beginning pointed to all the letters and
papers of private and unofficial nature, as
the objects of the secret, if they were to be
found in the departments, and provided that
they had been presented to the executive
with view to their consideration upon the
question of suspension from office.
The President then goes on to say that
most of the papers in his possession are uu-
official and not subject to the inspection of
Congress, being written by private citizens
who are not instigated thereto by any Off
cial control Many of them have not been
given the least weight. Are all these, simply
because they are preserved, to be consider
ed documents and subjects to the inspection
of the Senate? If not who is to determine
which belong to this class? Are the motives
and purposes of the Senate as the are day by
day developed such as would be satisfied
with my selection? Am to submit to theirs
at the risk of being charged with making a
suspension from office on evidence which
was not even considered? The papers and
documents which have been described de-
rive no Official character from any constitu-
tional statute or other requirement making
them necessary to the performance of the Off
eial 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 prepared to avow that cases are
not few in which the suspensions from office
have depended more on oral representations
made to me by citizens of known good re-
pute and by members of the House of Rep
resentatives and Senators of the United
States, than upon any letters and documents
presented for my examination, and | have
not felt justified in suspecting the yerocity,
integrity and patriotism of Senators, or ig-
noring their representations because they
were not in party affection with a majority
of their associates and recall few suspen-
sions which bear tue approval of individual
members identified particularly with the ma
iority in the Senate.
While, therefore, am constrained to deny
the right of the Senate to the papers and
documents desired SO far as the right to the
same is based on the claim that
they are in any view of the sub
iect official, / am also led un-
equivocally to dispute the right Of the
Senate by the aid of any documents what
ever or in any way save through the judicial
process of trial on impeachment to review
or reverse the act of the executive in the
suspension during a recess Of the Senate OF
federal officials.
[The message is still coming as we go to