River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1886-03-04

nept- aud papers OF that nature should. because
they are official. be freely transmitted 70 the
senate upon its demand, trusting the use OF ths
same for proper aud legitimate purposes 10 the
good faith Of that body; aud though no such
papers or documents have been specifically de-
mauded in any Of the numerous requests a. q
demands made upon the departments, yet a.
often a. they were round ia the public offices
they have been furnished in answer 10 such APP
pcatiOns. The letter Of the attorney general
in response to the resolution Of the senate IN the
particular case mentioned IN the committee : re-
port. was written at my suggestion and by my
direction. There had been
No OFFICIAL PAPERS
OF documents fled in his department relating to
the case within the period specified in the reso-
luton. The letter was intended, by its descrip-
tion Of the papers aud documents remaining in
the custody Of the departments, to convey the
idea that they we're not official, and 1t was as
sumed that the resnlut on called for Information,
papers and documents OF the same character as
were REQUIRED bv the requests aud demands which
preceded IL. Everything that had been written
OF done ia behalf Of the seuafe from the be-
ginning pointed 10 "A letter and papers VI
private aud Unofficial nature as the objects of
search IL they were to be found IN the depart
meuts and provided they bad been presented 10
the executive with view to their consideration
upon the question Of suspension from office.
Against the transmission OF such papers aud
documents 4 nave lALtrNASEU my dANlCE anu
direction. This raS not been done, as j. sug-
gested IN the committee report, upon the
sumption on my part that the attorney general
or any other he Al of "A department as the SER
want OF the president, and Is to give or with
hold copies OF documents in his office accord
ing to the will Of the executive and not other
wise" hut because / regard the papers and
docun ats withheld and addressed 70 me, or
intended for my use and action, purely unom-
cial and private Not infrrqueutly confidential,
orr HVH n
duty exclusively mine, ] consider them IN no
proper sense n upon the files OF the depart
meut but a. deposited there for my conven-
fence, remaining still completely under my con-
troll. | suppose il desire TO take them into
my custody might do so with entire propriety,
and 10 I ht % destroy them no one could
complain. The papers and documents that are
ROW the objects Of the seuate's questions con-
sists Of letters OF representations addressed to
the executive or intended for his inspection.
They voluntarily written and presented oy
private citizens who are ~. .A tie least insti-
gated thereto by any Official invitation or az all
subject % Official control. While some Of them
are entitled % executive consideration, many
Of them are 90 prevalent, or, in the light Of
other facts, 80 worthless, that they have
NOT BEEN GIVEN TUE LEAST WEIGHT
in determining the question to which they are
supposed to relate. Are these, simply because
tLey are preserved, to be considered official
documents and subject 10 the inspection Of the
senate II not. who Is 1t to determine which
belong TO this class Are the motives and pur-
poses OF the senate as they are day by day de-
veluped, such ss would be satisfied with my
selection Am ! % submit to these AZ the
risk Of being charged with suspension OF Off
GERS upop evidence which not even con-
-ideryd Are these papers 20 be regarded OIL
ciaI because they have not only been presented
bnt preserved in the public offices? Tn" nature
fInr hafh hoy
are kept Ia the executive mansion or d. posted
in the departments. There is no mysterious
power Of transmutation in departmental Gus
tady, nor IL there magic ~ the undehued and
sacred soemuity OF department iles. II the
presence OF these papers in the public offices
is a stumbling block in the way Of the perfor-
nance Of senatorial duty, il can be easily re-
m1vcd. The papcrs and documents when
have been described derive no official character
from any constitutional, statutory or other re-
quirement making them necessary 70 the per-
formauce o. the official duty Of the executive.
lt viii not be denied, suppose, that the presi-
dent may suspend public officer In the entire
absence Of any papers or documents to aid
MS official luaemeut and discretion ana am
quite prepared to avOw that the cases are not
few I'm which suspensions from Office have de-
pended more upon oral representations made
10 me By citizens OF known good repute aud
5y .nembers Of the house OF representatives,
aud senators Of the United Estates than upon
amy letters and documents presented for my
examination. / have not felt justified IN sIs
ptcting the yeracity, integrity ami patriotism
Of the senators or Ignoring their representa-
t.yes because they were not IN party athation
with the majority 81 their associates; and re-
call few suspensions which bear the approval
n individual members identified politically with
the majority IN tue senate. bile, therefore,
/ am constrained to
Deny TIE RIGHT OF THE SENATE
10 the papers and documents described, 50 FAR
as the right to the same is based upon the claim
that they are in any view OF the subject Official
/ am also led unequiyocally to dispute the right
% the stnate. by the aid OF any documents ~hat-
ever, OF in any way save through the Judicial
process OF trial or impeachment. Ia review or re-
verse the act OF the executive, ID the suspension
during the recess Of the senate 81 federal OF
dcials. believe the power TO remove or su--
pend such Jfhcials Is vested in the president
alone by the constitution, which in express
terms provides that 1.-THE executive power shall
be vested Ia the president of the United States
~ America" and that .he shall take care
mat the laws be faithfully executed The
senate belong TO the Legislative branch Of tue
government When the constitution by express
provision superauded 20 its legislative duties
The right % advise and consent 20 appoint
meutS 70 Office. sid TO cit a. court Of I'M
aeachment. il conferred upon that body all the
control aud regulation Of executive actions sup
posed 70 be necessary for the safety OF the
people. and tlis express ana special grant o.
such extraordinary poWcrs-not in any way re-
lated % or growing out % general senatorial
iuty. ana iu Itself departure from the gem
rrai plan % orr EoycrHmr Ht--shoul1 be bcic.
under a fami maxim o. construction. 70 cx-
clule every other right OF interference On
executive functions. la the first cong ess
which assembled alter tue adoption a the con-
stirutiou, comprising many who aided Ia its
Z preparations. Legislative construction was given
I 70 that instrument, in which the independence
I u toe executive u the matter q removals
/ from Office was iy sustained. think it viii
De found that iu the subsequent discussions Of
this Question there was generally. II not al all
/ times, S proposition pending In some way cur
l failing this power II the president By iegssia-
Z ton which furnishes evidence that 20 limit
I szch power il was supposed 10 be necessary %
4 supplement- she coustitati BY such legisia-
! ion. TIE first enactment Of this description
/ yas passed under stEess Of pArtisanship ana
I .saliJical bitterness. which eliminated Ia the
/ presidents impt acbment. This law provided
I hat the federal OH ers 70 which u spilled
I .,ald only be suspended cnring the recess ~
Z the seuats, when shown b. evidence satisiAc-
I tory 70 the president 70 Be guilty 81 mi-cun-
I iuct Ia Office or crime. OF when Incapable or
I disqualified 70 perform their duties, and that
Sithiu twenty days after the next meeting or
I the senate Il should be