National Republican. (Washington City (D.C.)) 1872-1888, 1886-02-19
SENATE RIGHTS ASSERTED.
IRE1lDEET CLEVELAND AND CABINET
OFFICIALS CONDEMNED.
The Senate viii Refuse ITS Advice
and Consent" TO Proposed Ecmovais -
Eesolutious and Report by Hepubli-
can Senators.

When "icpolts OF committees" were
called for In the Senate yesterday Mr.. Ed
munds arose and said
"MR. PRESIDENT. ] am instructed by the
committee on Judiciary, to whom was re-
ferred the letter Of the Attorney General,
with authority TO report with open doors,
to make a report, with sundrr resolutions,
which / ask may be placed on the calendar"
The President pro temporc. Does the
senator desire to have them Reads
Mr. Edmunds No, sir; hut the senator
from Alabama MIR Pugh) desires to make
a remark.
committee on judiciary, as to the report
just made, desire to state that they knew
nothing Of the contents Of the report until
1t was read to the committee this morning.
The minority desire to prepare report in
which they will present their views; and,
to enable them to do so, they have until
Monday week within which TO prepare the
report; and It Is understood that the
majority report and the resolutions ac-
companying 1t will not be called up for
consideration until we get leave to file the
minority report. The time given us to do so
is not to extend beyond next Monday
week.
Mr.. Dawes. Can we not have the res.
blullOuS ItWu
Chief Clerk johnson read the resolutions.
MIR. Butler. Is there report accompany
ing these resolutionsY
The President pro tompOro. Yes.
Mr.. Butler. Is it to be printed?
Mr.. Edmunds. Certainly It will he print
ed under the rule. / ask that the report
of the committee, us well as the resolutions,
he printed in the Record also.
The President pro tempore. II there be
no objection, that order VIII he made.
THE RESOLUTIONS.
R6so,rtd. That the foregoing report Of the
committee Oh the Judiciary be agreed to and
adopted.
its condemnation Of the refusal OF the Attorney
General, under whatever influence, TO send to
the Senate copies OF papers called for by It's
resolution of the 18th Of January, and set forth
in the reports Of the committee on the judiCl-
AIRY, as in violation OF his official duty aud
subvCrsivc OF the fundamental principles of
the government aud OF good administration
Hs0irod, Thatitls,undcr these circumstances
the duty OF the Senate to refuse its advice and
consent 10 proposed removals of officers, the
documents and papers In reference to the sup.
posed official or personal misconduct of whom
are withheld by the Executive or any head Of
department when deemed necessary by the
Senate and called for In considering the matter
RlsOirCd, That the provision of section l7ji Of
the Revised Statutes, declaring That persons
honotably discharged from the military or ma
val service by reason of disability resulting
from wounds or sickness incurred in the line
Of duty shall be preferred for appointments to
civil Offices, provided they are found to possess
the business capacity necessary for the proper
discharge of the duties of such Office" ought
TO be faithfully and fully put in execution, and
such soldier whose faithfulness competency,
and character are above reproach, and TO give
place to another who has not rendered such
service, is a violation of the spirit of the law
and of the practical gratitude the people and
government Of the United States owe to the de.
tenders Of constitutional liberty and the integ-
rityof the government. All OF which is respect
fully submitted. GRO. i. EDMUSDS,
JOIIS ]. INGALLS,,
5. j. Il. MCMILLAN,
Gro. +. HoAR.
JAMES I. WILSON.
WM. NJ. EvARTs.
The report accompanying the resolutions
states that on July 49, 1885, the President
pursuant to the provisions of section 17GS
Of the Revised Statutes, suspended George
VI. Duskin from the execution Of the duties
Of the office of district attorney of the
southern district OF Alabama, and on the
same day, pursuant to the same statute
designated John ID. Burnett to perform thu
duties Of such suspended officer In tn,
meantime by q letter of authority. Tit
nomination Of Burnett was in due cours,
referred TO the committee on the judiciary
Since the passage of the act of March 3
1867, regarding the tenure OF certain civil
Offices, 1t has been the practice OF the com
mittee to ask for papers and information
touching the conduct Of the officer pro
posed to be removed and the character o
the. person proposed to be appointed. II
no instance until this time has the commit
tee met with any delay or denial in respect
of furnishing such papers and information
with q single exception, In which the delay
and suggested denial lasted but two o.
three days. The report then reviews thu
subsequent action Of the committee, ant
quotes the resolution adopted on Jan. %
directing the Attorney General to transmit
to the Senate the documents bearing on thu
case, and the Attorney Generals reply, Il
the effect that "the public interest Will no
be promoted by compliance with sale
resolution
1t then continues: This letter, although
in response to the direction Of the Senate
assumes that the Attorney General is tn
servant OF the President, and is to give o
Withhold copies of documents In his Office
according to the will Of the Executive, an,
not otherwise. The committee 10 unable Il
discover any law which makes the Attorne,
General In any sense the servant OF o
under control Of the Executive in the per
Torrance OF his lawful duties. The Exec
utive is bound by the constitution, and b.
his oath, to take care that the laws b.
faithfully executed, and he is himself n
much bound by the regulations of law a
the humblest officer in the service of tn
United States, and he cannot have author
ity to undertake to faithfully execute tn
laws, whether applied to his own specia
functions or those OF the department
created by law, otherwise than by causing
80 far as he lawfully may, and by Lawful
methods, the heads Of departments AM
other officers of the United States to do tn
duties which the law, and not his will, ha
imputed to them. The important question
then is whether it is within the constitu
Of aft n
Congress to have access T.
the official papers and document
in the various public Offices of the Unite
States, created by laws enacted by them
selves. There is no statute which com
mands the head Of any department, except
ing that Of the treasury, to transmit :
either house Of Congress ON its demand, an
information whatever concerning the ad
ministration Of his department; but tn
committee believes 1t to be clear that fror
the very nature Of the powers intrusted b.
the constitution to the two houses of Cor
gTcss, 1t Is necessary incident that eithe
house must have, at all times, the right T.
know all that officially exists or takes plac
in any OF the departments OF the govern
ment, So perfectly was this propositio
understood before and at the time Of til
formation Of the constitution that tn
Continental Congress, before the adOptio
Of the present constitution, IN estabishin
department OF foreign affairs and provd
ing for q principal officer thereof, though
1t III TO enact that all books, records, an
other papers In that Office should be open :
the Inspection OF any member Of Congress
provided that no copy should be taken Q
matters OF secret nature without specia
leave Of Congress. 1t was not though
necessary to enact that Congress itsel
should be entitled to the production an
inspection of such papers, for that RICH
was supposed to exist In the very nature O
things and when, under the constitution, tn
department came TO be created, although th
provision that each individual member {
Congress should have access to tn
papers was omitted, evidently for reason
that can now be quite well understood