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in its effect upon public opinion。 〃I do not suppose;〃 he said; 〃that the public offices of the United States are regulated or controlled in their relations to either House of Congress by the fact that they were 'created by laws enacted by themselves。' It must be that these instrumentalities were enacted 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 unembarrassed by any obligation to the Senate as the price of their creation。〃
The President asserted that; as a matter of fact; no official papers on file in the departments had been withheld。 〃While it is by no means conceded that the Senate has the right; in any case; to review the act of the Executive in removing or suspending a public officer upon official documents or otherwise; it is considered that documents and papers of that nature should; because they are official; be freely transmitted 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 paper or document has been especially demanded in any of the numerous requests and demands made upon the departments; yet as often as they were found in the public offices they have been furnished in answer to such applications。〃 The point made by the President; with sharp emphasis; was that there was nothing in his action which could be construed as a refusal of access to official records; what he did refuse to acknowledge was the right of the Senate to inquire into his motives and to exact from him a disclosure of the facts; circumstances; and sources of information that prompted his action。 The materials upon which his judgment was formed were of a varied character。 〃They consist of letters and representations addressed to the Executive 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; that they have not been given the least weight in determining the question to which they are supposed to relate。〃 If such matter were to be considered public records and subject to the inspection of the Senate; the President would thereby incur 〃the risk of being charged with making a suspension from office upon evidence which was not even considered。〃
Issue as to the status of such documents was joined by the President in the sharpest possible way by the declaration: 〃I consider them in no proper sense as upon the files of the department but as deposited there for my convenience; remaining still completely under my control。 I suppose if I desired to take them into my custody I might do so with entire propriety; and if I saw fit to destroy them no one could complain。〃
Moreover; there were cases in which action was prompted by oral communications which did not go on record in any form。 As to this; Cleveland observed; 〃It will not be denied; I suppose; that the President may suspend a public officer in the entire absence of any papers or documents to aid his official judgment and discretion; and I am quite prepared to avow that the cases are not few in which suspensions from office have depended more upon oral representations 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 presented for my examination。〃 Nor were such representations confined to members of his own party for; said he; 〃I recall a few suspensions which bear the approval of individual members identified politically with the majority in the Senate。〃 The message then reviewed the legislative history of the Tenure of Office Act and questioned its constitutionality。 The position which the President had taken and would maintain was exactly defined by this vigorous statement in his message:
〃The requests and demands which by the score have for nearly three months been presented to the different Departments of the government; whatever may be their form; have but one complexion。 They assume the right of the Senate to sit in judgement upon the exercise of my exclusive discretion and executive function; for which I am solely responsible to the people from whom I have so lately received the sacred trust of office。 My oath to support and defend the Constitution; my duty to the people who have chosen me to execute the powers of their great office and not relinquish them; and my duty to the chief magistracy which I must preserve unimpaired in all its dignity and vigor; compel me to refuse compliance with these demands。〃
There is a ringing quality in the style of this message not generally characteristic of President Cleveland's state papers。 It evoked as ringing a response from public opinion; and this effect was heightened by a tactless allusion to the message made at this time in the Senate。 In moving a reference of the message to the Judiciary Committee; its chairman; Senator Edmunds of Vermont; remarked that the presidential message brought vividly to his mind 〃the communication of King Charles I to the Parliament; telling them what; in conducting their affairs; they ought to do and ought not to do。〃 The historical reference; however; had an application which Senator Edmunds did not foresee。 It brought vividly to mind what the people of England had endured from a factional tyranny so relentless that the nation was delighted when Oliver Cromwell turned Parliament out of doors。 It is an interesting coincidence that the Cleveland era was marked by what in the book trade was known as the Cromwell boom。 Another unfortunate remark made by Senator Edmunds was that it was the first time 〃that any President of the United States has undertaken to interfere with the deliberations of either House of Congress on questions pending before them; otherwise than by message on the state of the Union which the Constitution commands him to make from time to time。〃 The effect of this statement; however; was to stir up recollections of President Jackson's message of protest against the censure of the Senate。 The principle laid down by Jackson in his message of April 15; 1834; was that 〃the President is the direct representative of the American people;〃 whereas the Senate is 〃a body not directly amenable to the people。〃 However assailable this statement may be from the standpoint of traditional legal theory; it is indubitably the principle to which American politics conform in practice。 The people instinctively expect the President to guard their interests against congressional machinations。
There was a prevalent belief that the Senate's profession of motives; of constitutional propriety; was insincere and that the position it had assumed would never have been thought of had the Republican candidate for President been elected。 A feeling that the Senate was not playing the game fairly to refuse the Democrats their innings was felt even among Senator Edmunds' own adherents。 A spirit of comity traversing party lines is very noticeable in the intercourse of professional politicians。 Their willingness to help each other out is often manifested; particularly in struggles involving control of party machinery。 Indeed; a system of ring rule in a governing party seems to have for its natural concomitant the formation of a similar ring in the regular opposition; and the two rings maintain friendly relations behind the forms of party antagonism。 The situation is very similar to that which exists between opposing counsel in suits at law; where the contentions at the trial table may seem to be full of animosity and may indeed at times really develop personal enmity; but which as a general rule are merely for effect and do not at all hinder cooperation in matters pertaining to their common professional interest。
The attitude taken by the Senate in its opposition to President Cleveland jarred upon this sense of professional comity; and it was very noticeable that in the midst of the struggle some questionable nominations of notorious machine politicians were confirmed by the Senate。 It may have been that a desire to discredit the reform professions of the Administration contributed to this result; but the effect was disadvantageous to the Senate。 〃The Nation〃 on March 11; 1886; in a powerful article reviewing the controversy observed: 〃There is not the smallest reason for believing that; if the Senate won; it would use its victory in any way for the maintenance or promotion of reform。 In truth; in the very midst of the controversy; it confirmed the nomination of one of Baltimore's political scamps。〃 It is certainly true that the advising power of the Senate has never exerted a corrective influence upon appointments to office; its constant tendency is towards a system of apportionment which concedes the right of the President to certain personal appointments and asserts the reciprocal right of Congressmen to their individual quotas。
As a result of these