Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-23

rested in the Presidents discretion.
President Cleveland had informed the
Senate that there were ho official papers
on tile in the departments bstween the
dates called for. To prove his assertion
as to the matter being in the discretion OF
the President, Mr.. jackson read from
various authorities, including Presidents
Jackson and Tyler.
sHERMAN's STAND.
He also quoted from the speech OF SEN
ator Sherman in the Senate Feb. Q last,
to show Mr.. Sherman's view that If pa
pers mot intended for the public eye"
and which the President chose to with
hold ''on the ground that they were re-
ceived in confidence" that would be a
case Of ''the exercise of discretion which
the gentlemen In their intercourse with
each other recognized" The trouble Mr..
Jackson continued, WAS that the Sem
ators were not willing to take the Presi-
dents statement, to the effect that there
was no official paper on file Ofthe charac-
ter called for between the dates indi-
Gated.
RIGHT OF THE SUPREME COURT.
Had Congress any more authority over
papers in the executive department
than the Supreme Court had. The judi
ciary was coordinate branch of the
government as well as was the Legislative
department. When the rights of indiYid-
uals were on trial before the Supreme
Court, involving perhaps life or liberty,
the judiciary was as much entitled to
10 these papers as was Congress or the
Senate. Yet Chief Justice Marshall, in
the trial of Aaron Burr, sustained Presi-
dent Jefferson in his refusal to disclose
certain portions of the correspondence
which President Jefferson asserted to
have been confidential and intended to
guide him to the performance of his exec
utiYe function.
POLITICAL WAR THE OBJECT.
The object of the present controversy,
Mr. Jackson said, was the waging of
political warfare against President CleEe-
| land. He denied that Mr.. Duskin's COM
mission was such as was suggested by
Mr.. Edmunds. AS Mr.. Edmunds has
suggested its reading it was that Mr..
Duskin was to hold Office 'until his sue
cessor should be duly appointed and
qualified" This assumption, Mr.. Jack
son said, had been necessary as the fOun-
dation tor MIR. Edmunds' argument, for
that Senator had followed it with a state
ment that Mr.. Duskin was still in office
even though suspended. The Senator from
Vermont had fallen into an error, mad
vertently no doubt. The form of commits
sion used by that Senator IN bis argument
had not been in use since 1869.
DUsKIN's TERM.
Under the act Of 1869, MIR. Duskin was
entitled TO hold only for the term for
which he was appointed. That term was
four years from the date of his commits
sion. His commission was dated Dec.
20, 1881, and, therefore, naturally expired
Dec. 20, 1885. He was suspended July II,
| 1885. The nomination of Mr.. Burnett for
the permanent term of four years was
! sent to the Senate Dee. IA, 1885, so that
the Senate was asked to remove him only
| for six days, as his term would expire
| Dec. 20. The office became vacant on
| Dec. 20, and the only question before the
Senate, so far as that Office was concerned,
was not as to the suspension OF Mr. Dus-
kin, but as to the appointment Of Mr..
Burnett to an Office that on Dec. 20 be-
came vacant.
A MERE PRETEXT.
The question, as it had been presented
by the majority, was a mere pretext for
an attack on the President. "In arrang-
ing for this piece of political target prac-
tice," said Mr.. Jackson, ''the able Chair
man of the Judiciary Committee has
omitted to place the proper target before
the Senate.' That fact, however, has not
discouraged either himself or his associ-
ates from firing at random throTg the
whole political range. The proceeding is
purely political. There can be no deter
mination Of it here. Both sides must ap-
peal to the people,"
At 5 O'Clock Mr.. Jackson still retaining
the floor, the Senate went into executive
session, and at $40 O'clock the doors were
reopened. and the Senate adjourned