Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-03-17
THE KERNS MATTER.
AND DMR.WALLACE'S RECORD THEREIN.
correspondence Between Senator Wallace
and Senators Mcdonald and Garland
Wallace Never Requested
Marshal Kerns's Con-

correspondence Between Senator Wallace
and Senators Mcdonald and Garland
Wallace Never Requested
Marshal Kerns's Con-
firmatiOn.
L. S. SENATE CHAMBER, WASHINGTON,
March 16, 1SSO.-Hons. j. E. Mcdonald
and 4. H. Garland, Sub Committee of tile
Judiciary Committee of the q. S. Senate
GENTLEMEN: will thank you to furnish
me with copies of my correspondence with
your committee on the subject of tho con-
firmation of James N. Kerns as U. S.
marshal for the Eastern district of Penn
sylvania; and if you feel at liberty to do
so, with statement of the reasons govern
ing the committee in reporting favorably
upon his nomination.
Very respectfully, yours,
WILLIAM A. WALLACE.
Reply OF Senators Mcdonald and Garland.
WASHINGTON, March 16, 1SS0.-Hon.
Vim. Il. Wallace, u S. Senate DEAR
SIR-In reply to your inquiry as to the cor
respondence between yourself and the
judiciary committee Of the Senate touch
ing the confirmation of James N. Kerns as
United States marshal for the Eastern dis
trict of Pennsylvania, we herewith enclose
you copies of your letters, sent to the CON-
mittee, opposing Mr.. Kerns.
The reasons which governed us as the
Democratic members of the subcommittee
in recommending Kerns's confirmation,
were substantially as follows:
The confirmation was opposed upon po-
litical grounds alone. We made careful
inquiry as to the personal character of
Kerns, and found that it was good We
both had been members OF the investigat-
ing committee before which Kerns ap-
peared and testified, and were in Philadel-
phia when the examination of witnesses
affecting his official action was held. This
testimony was the ground of political Op-
position to him and had been sent by you
to the committee. In careful examina-
tion of it we found that Kerns's conduct on
election day was not censurable, in view
of the duties imposed upon him by law,
and our judgment was that those duties
were neither vindictively nor illegally per-
formed.
He swore before our commit tee of inves-
tigation that deputy United States mar
shals were not needed in Philadelphia, and
that he had appointed them because the
law compelled him to do so when applica-
tion was made by two citizens. He admit
ted he did not know many of the deputies,
and took the endorsement of his political
friends as to their character. In this re-
spect he was censurable, for the character
of many of these deputies was very bad.
This was the sole ground upon which we
could sustain our rejection of Kerns, and
in view of what he had testified, as we'll as
of his personal character and behavior on
election day, we did not feel justified in
rejecting him, as we would run the risk
of obtaining a man who would execute the
law vindictively because he believed in it.
These were the grounds upon which we
acted.
Kerns came to us personally whilst the
nomination was in our hands, and we dis
cussed the subject with him fully, and he
reiterated the opinions he had previously
sworn to. You did not at any time request
or suggest his confirmation, nor, so far as
we know, was there any interference by
you with the action of the judiciary COM
mittee, except as the letters hereto attach
ed show. It is not the practice of that
committee to hear persons before it orally,
but always in writing.
We are, very respectfully yours,
]. E. MCDONALD,
A. II. GARLAND.
Copy of Letters to Chairman of Committee
Sending the Testimony.
SENATE CHAMBER, WASHINGTON, JAN
uary 9th, 18S0.-Hon. A. G.. Thurman,
Chairman Judiciary C0mnittee, Senate
DEAR SIR: 1have the honor herewith to
transmit to your committee copy of the
testimony taken by committee of the
Senate in regard to the character and be-
havior of special deputy marshals ap-
pointed in Philadelphia in 1878, by Mar
shal Kerns, whose re-appointment is now
before your committee for confirmation or
rejection, and request your committee Con
behalf of the people of the Eastern dis
trict of Pennsylvania), to reject the ap-
pointment. Very truly, yours,
WILLIAM A. WALLACE, U. s. S., Pa,
Copy Of Letter to senator Bayard. a Men,
ber of the judiciary Committee, on
File With the Record.
WASHINGTON, D. c., January II, 1880.
-My Dear Senator have not had an
opportunity to talk with you in regard to
our Eastern district, which is now before
the Judiciary committee. Iwrite to earn
estly urge his rejection. He is not fit man
for the place, as his appointments fully
shows, and he is representative of the
very worst elements of Philadelphia poll
tics. shall feel that the Senate is faith
less to itself if this man be confirmed.
Very truly yours,
WILLIAM A. WALLACE.
SENATOR BAYARD.
P. s. have seen Thurman and Garland
and talked with them.
Copy of Letter to Senator Garland.
[Private.]
U. s. SENATE CHAMBER, WASHINGTON,
February 2, 1600.-Deor Gar1Und: IN
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