National Republican. (Washington City (D.C.)) 1872-1888, 1886-02-01

EpIToR NATIONAL REPUBLICAN Some news.
papers deny the right of the Senate to call
upon the President for the papers relative to
the removal or suspension of officers who hold
or specific term
The third clause of the second section OF the
second article Of the constitution OF the United
States says, speaking of the President: And
he snail nominate and by and with the advice
ana consent of the Senate shall appoint, &C."
A large number OF the official positions
under the government have prescribed terms
of Office, and section 1867, Revised Statutes
United States, page 3li, reads: every person
holding any civil office TO which he has been or
hereafter may be appointed by and with the
advice and consent of the Senate aud who
shall have become duly qualified to act therein,
EhdNb be .clHuCd TO hOld such office during The term
for mth ne iodS. ,dPpoinicd, unless sooner re:
moved by and with the advice and consent of
the Senate, or by the appointment, with the
like advice and consent OF a successor in his
place, except as herein otherwise provided"
Section 76D. Revised Statutes, United States,
page l45, says District attorneys shall be
appointed Tor a term of four years, and their
commission shall cease and expire at the ex-
piration OF four years from their respective
dates"
The constitution of the United States care
fully provides that the Senate of the United
States should never die, that 1t should be a
continuous body. The same even was eXer-
cised in regard to the executive oflice-H cOuhd
Rcrcr b,cOmc mcdm The P,csidctt dnd he Senate
HCrcT die.
The constitution requires the "advice and
consent of the Senate TO an appointment The
law says that district attorney shall hold
Office for four years from the date of his COM
mission, and that the President cannot remove
an officer without the advice and consent of the
Senate.
Some two years ago the President of the
United States nominated to the Senate George
! NJ. Dustin for the Office of district attorney of
| the United States for the southern district OF
Alabama The Senate examined into the ca.
nnnity and n N
position 10 which the President had nomi-
mated him, and being satisfied gave its ICON.
sent" Mr.. Dustin qualified aud entered upon
Two years elapsed and the President sus.
pended Mr., Dustin from Office and nomi.
mated j. d. Bennett to be district attorney of
the United states for the southern district OF
The Senate very properly said to him, "Mr.
| President, two years ago the President noml.
| mated TO the Senate Mr.. Dustin for district
attorney OF the United States for the southern
| district of Alabama and asked the advice
| and consent of the Senate TO his appointment.
| The Senate exercising its constitutional privl.
lcgo, did advise and consent to his appoint.
ment. The law says he shall hold office for
| four years from the date Of his commission
now. before the expiration OF the four years
| the President nominates j. d. Bennett to the
| position held by Mr.. Dustin. lfthe President
| Is in possession of any evidence which he con.
| siders units Mr.. Dustin to hold the office, lei
him transmit it to the Senate that 1t may con
slider II, ms 1t considered the question of hi,
fitness"
The President says he will not send the
papers and documents showing Mr.. Dustin's
| uniitness,' and thereth matter stands to-day.
Here are the facts and the law as TO the de
mand Of the Senate for the papers in regard tC
the suspension of Mr.. Dustin.
II is absolutely plain that the Senate is enti
tied by law to the papers which show Mr.. Dus
tins untitness for Office, and President Cleve
land stulti6es himself when he refuses to send
! them.
How the LAWYERS who sit round the Cabinet
table could advise the President If they did sc
advise him, to refuse the request of the Senate
is incomprehensble. Tho members OF the
Cabinet are presumed TO know the law, bu
in this instance, If they do know II, they have
for some reason, deliberately de1ed It, anC
Democratic partisan papers sustain the ac'
ton. L. n. II.
WASHINGTON, Jan. 30, 1886.