in
relation to their transmission." The matter was debated by the Senate
in executive session and on January 25, 1886, a resolution was
adopted which was authoritative in its tone and which directed the
Attorney-General to transmit copies of all documents and papers in
relation to the conduct of the office of District Attorney for the
Southern District of Alabama since January 1, 1885. Within three days,
Attorney-General Garland responded that he had already transmitted all
papers relating to the nomination; but with regard to the demand for
papers exclusively relating to the suspension of the former incumbent he
was directed by the President to say "that it is not considered that the
public interests will be promoted by a compliance."

The response of the Attorney-General was referred to the Judiciary
Committee which, on the 18th of February, made an elaborate report
exhibiting the issue as one which involved the right of Congress to
obtain information. It urged that "the important 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." The report, which was signed only by the Republican
members of the Committee, was an adroit partisan performance, invoking
traditional constitutional principles in behalf of congressional
privilege. A distinct and emphatic assertion of the prerogative of the
Senate was made, however, in resolutions recommended to the Senate for
adoption. Those resolutions censured the Attorney-General and declared
it to be the duty of the Senate "to refuse its advice and consent
to proposed removals of officers" when papers relating to them "are
withheld by the Executive or any head of a department."

On the 2nd of March, a minority report was submitted, making the point
of which the cogency was obvious, that inasmuch as the term of the
official concerning whose suspension the Senate undertook to inquire had
already expired by legal limitation, the only object in pressing for the
papers in his case must be to review an act of the President which
was no longer within the jurisdiction of the Senate, even if the
constitutionality of the Tenure of Office Act should be granted.
The report also showed that of the precedents cited in behalf of the
majority's contention, the applicability could be maintained only of
those whi