The comet. (Johnson City, Tenn.) 1884-1916, 1886-03-25

- 49, - HN6.NAh NA~Nf
He said he believed the right OF re-
moval OF officers to be wholly in the
President. SO far as the acts OF Con-
gress made removals dependent on
the consent of the Senate, those acts
were an encroaehment on the Consti-
tutional rights and powers Of the Pres
ident but aside from that it was the
candid conviction Of all real advocates
OF administrative reform that all such
attempts had been unwise and had
been attended with no substantial
benefits to the public service. In
this connection Mr. Jackson cited,
without reading, an article written by
Mr.. Hoar and published in the North |
American Review for November, 1881.
The Senator from Vermont ed
munds) had presented the Senate his
side of this controversy with great in
genuity and ability, Mr.. Jackson said
but the ingenuity and ability display
ed had not suficed to prove the case
he had attempted to make. From the
date that President Washington set
tied the question in March, 1892 Gas
reported in JeffersOn's correspond
ence) there had been no authority,
either judicial or legislative, to ques-
ton the right of the President to de-
termine for himself what papers
should be disclosed in the interests OF
the public services. 1t rested in the
Presidents discretion. Mr.. Cleveland
had informed the Senate that there
were no official papers on file in the
departments between the dates called
for to prove his assertions. AS to the
matter being in the discretion of the
Senate, Mr.. Jackson read from vari-
GUS authorities, including Presidents
Jackson and Tyler. He also quoted
from the speech OF Senator Sherman
in the Senate on February 9th last, to
show Mr.. Sherman's view, that if the
papers we're mot intended for the
public which the President chose to
withhold" on the ground that they
were received in confidence, that
would be case OF the exercise of dis.
erection which the gentlemen in their
intercourse with each other recog-
: nize.
Q The trouble, Mr.. Jackson contin
: ued, was that the Senators were not
t willing to take the Presidents state
!. ment to the effect that there was ne
s official paper on file of the character
: called for between the dates indicated
e Had Congress any more authority
over the papers in the Executive De
partments than the Supreme cour
+ had? The judiciary was co-ordinat,
}, branch OF Government, as we'll as thu
n Legislative Department When thu
o rights of individuals were on trial be
o fore the Supreme court, involving
q perhaps life or liberty, the Judiciar,
o was as much entitled to these paper
a as was Congress or the Senate. Ye
p Chief Justice Marshall, in the trial o
i Aaron Burr, sustained Presiden
q Jefferson in his refusal to disclose Ger
tain portions of his correspond
ence, which Mr.. Jefferson assert
ed to nave been confident and intend
. ed to guide him to performance o
. his Executive function.
:, The object OF the present controver
u sy, Mr.. Jackson said, was a waging O
= political warfare against Presiden
e Cleveland. He denied that Duskin'
u commission was such as was suggest
= ed by Mr.. Edmunds. As Mr.. Ed
9 munds had suggested its reading, i
II was that Duskin was to hold offic
g until his successor should be duly ap
II pointed and qualified" This assumI
6 ton, Mr.. Jackson said, had been nee
g essary as foundation for Mr.. Ed
I munds argument, for that Senate
l. hal followed it with the Statement
Q that Duskin was still in Office, eve
e though suspended. The Senate
: from Vermont had fallen into an el
= ror, inadvertently, no doubt TIL
form of commission used by that Ser
ator in his argument had not been il
use since 1869 Under the act OF 1856
Duskin was entitled to hold only 70
y, the term appointed. That term wa
II four years from the date of his com
% mission. The commission was date,
L December 20, 1881, and therefore nat
g urally expired December 90, 1885. H
+ was suspended July II, 1885. TIL
% nomination of Burnett for perman
y ent term of four years was sent to tn
, Senate December II, 1885. So tina
the Senate was asked to remove hin
only for six days as his term woul
Il expire December 90 His Office be
. came vacant on December 20, and tn
= only question before the Senate, s.
+ far as the Office was concerned, wa
% not as to the suspension Of Duskin
70 but as to appointment Of Burnett L