The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-03-24
SUMMARY OF CONGRESS-
Senate Sessions.

Seudte UOOR up CQ0 report OF inc judiciary
committee on Attorney General Garland's re.
papers relating to the Office Of United States
district-attorney for Southern Alabama.
Without any debate on the question the
Senate adjourned.
FIFTY-FIRsT DAY.-Mr. Vance offered a
resolution directing the committee on civil
service reform to report forthwith the bill
before them providing for the repeal Of the
civil service law. The resolution, at Mr..
Vance's request was for the present laid on
the table. He said he would soon ad-
dress the Senate on the subject....
Mr. Bowen obtained unanimous consent to
address the Senate on the subject Of his bill
ITO provide q new basis for the circulation
of national banks" At the conclusion Of his
speech Mr.. Stanford announced to the Senate
the death Of his colleague, Mr.. Miller, Of
California, and out Of respect to his memory
the Senate at once adjourned.
FIFTY-sEcoND DAY.-The resolutions Of
the judiciary committee, formally expressing
disapproval of the refusal of the attorney
general to furnish information in regard to
presidential appointments, came up as the
special order. Mr.. Edmunds spoke for over
two hours in answer to the recent argu-
ments advanced by the President in his
special message He said it was forty years
since an issue Of this kind had come between
the executive and the Senate. Instances evinc-
ing reluctance on the part Of the President or
the departments to furnish information such
as was desired in this case were few.
The Senator argued that Mr.. Duskin had not
been removed but only suspended, and the
proposition to the Senate was that he should
be removed and Barnett appointed. The
Senate had asked for the official papers
and the documents on file relative to the case
were of necessity official The attorney gen.
eral was the custodian by law. The removal
of an officer wasan official executive act. Every
paper, therefore, addressed to the officer ex-
ercising that official function must be an OFF,
cial paper, no matter how vile or falseit may
be. It did not belong to the man, whether
President Of attorney general, but to the
officer in his character as an officer. The
Senate was called upon to assist in the re-
moval of Duskin, and the papers relating to
his conduct of his Office were necessary to
enable the Senate to act intelligently.
Mr.. Edmunds, toward the close Of his speech,
read copy Of letter from MIR. Thurman, as
chairman Of the committee to the attorney
general, dated March "a, 1875, calling for such
Information as may be in the possession Of
your department concerning the following
nominations, together with any
suggestion you may be pleased to note"
"On the 7th of April" continued Mr.. Ed
munds, "there came in horse Of different
color" Accordingly on that day, the speaker
said, letter was written to the attorney
general by Mr. Thurman, as chairman Of the
Judiciary committee, requesting the attorney
general to communicate to the commit
in his possession touching on
the propriety of the removal of Michael
Schaefer, chief justice of the supreme court
of Utah, and the appointment of David T.
Corbin in his place. Congress made the law,
and the President had only executive power,
and either House of Congress had right to
know everything that was in the departments
of the government In con-
clusion, Mr. Ednlunds said it did not
seem to him that the Senate could fail to get
the papers on the ground that the statute on
this subject had become obsolete or gone into
q state of "inocuous desuetude" The Presi-
dent had sent to the Senate 643 instances of
obedience to that law-64S nominations made
under it-and Mr. Edmunds therefore thought
the law was still in force. Mr.. Pugh said he
was ready to reply to Mr.. Edmunds when
the latter finished his speech, but yielded to a
motion to 20 into executive session, after
which the Senate adjourned.
FIFTY-THIRD DAY.-The urgency deficiency
appropriation bill was passed. Mr.. Pugh
replied to the speech Of Mr.. Edmunds con-
cerning presidential appointments and sus-
ZEN 'ions. Mr.. Pugh began by saying that
The main object he had in addressing the SEN
ate in reply to the Senator fromV Verlnont was
to prevent, if it was in his power to do so,
that Senator from changing the character Of
the question between the Senate and the
President The real character of that con-
troversy could not be misunderstood or mis-
represented, as it had arisen upon facts ap-
parent upon the record and reported by the
The facts by which the Senate should be
guided were few and simple. Mr.. Duskin,
the district attorney, was suspended on the
18th of last July, and on the same day Mr..
Burnett was designated by the Presi.
office. The 18th of last December, the
Senate being in session, Burnett was
nominated to the Senate to, get its
advice and consent to his appointment. That
nomination was referred to the judiciary
committee, and it lay there over a month.
In the mean time, on the 10th Of December,
1855. the term Of the office Of Duskin ex-
pired. On the 25th of January, 1885,
one month after the term of Duskin had
expired, and when he was no longer
an incumbent Of that office, q
resolution was sent by the Senate to the at
tornfggeBsraf gag bsfn calling for for the bsp
pose, he asked, was that information sought
by the Senate The use the Senate
intended to make of the docu-
ments and papers sought from the
attorney-general was to enable the Senate to
exercise the power of revising the act of re-
moval of Dusl1in by the President. In regard
to the point made by Mr.. Edmunds concern
ing the demand by Allen G. Thurman and
his associates on the judiciary committee for
similar information, Mr.. Pugh declared that
information was sought for in the case of
Judge. Mr.. Evarts had held
previously that the President could not re-
move territorial Judge. It was a proper
subject for inquiry and not parallel case to
the Duskin one. Mr.. Pugh contended further
that the Senate had no power over removals
except in the case of Federal judges, and
cited authorities to justify his position. In
conclusion. Mr.. Pugh said his object had
been to define the character of this conflict Of
authority between the President and the Sen
ate, and to fortify the view that had always
been taken by the Democratic party, and to
fortify it by authorities commencing in the
first Congress and running down to the latest
period. Mr.. Cleveland had no fear of an ap-
them. He supposed the majority in the Sem
ate had no fear of appealing to the people in
favor of the omnipotence of the Senate. He
knew the minority had none in appealing to
the people upon the omnipotence Of the Con-
stitution and the integrity of Mr.. Cleveland's
administration.
FIFTY-FoURTH DAY-Mr. Wilson contin-
ued the discussion in relation to suspensions
by the President. He said that for the first
time in the progress of this government its
executive power is now being used as means
of assault on the character and reputation
of its citizens He would not stop to
determine whether it was the
result of purpose, inexperience, want Of
thoughtful action OF other cause whatsoever:
It was an unexpected fact, however, and
donhtlacc il xonld ha va been plardad AGAINST