The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-02-26
HOWELL B. JACKSON
PREPARING A REPORT DEFEN-
SIvE OF CLEVELAND.
Senator Pueh Of Alabama Also En-.
gagged "a the Same WOrk-Ihe
Presidents Case.

presidents Case.
Washington correspondence OF the
New York Times Some attention has
been given 10 II remark made by Mr..
Edmunds n the time he submitted
his report. He then intimated that in
a few "selefted' eases only did the
Republicans mean Ia make contests.
Mr. Edmuntls's failing craftsmanship
has led him 10 undertake Il political
fight rather Than one to secure the re-
lection OF bad men. In seeking to
make capital before the country he
took up tle Duskin case. II the
President chose to waive his preroga-
tive, he could easily prove that the re-
moval in this case was justified by
report which has been published
showing that the business of the
court under Duskin was badly man
aged, the Mnrshnll's accounts, which
il was his duty 10 examine, were care
lessly passed., and the overcharges and
irregular prictices permitted To the
dissatisfaction of the people and the
Department Of Justico under Repub-
lican head But the President will
not waive hls right to exercise his dis
cretion about removals, and this case
will have tobe settled by the confirm
alton or rejection of Burnett, before
the administration will furnish his
tory of the matter Mr.. Edmunds's
suggestion about selected cases is
taken as an intimution that the fight
is not to he genera or prolonged until
the end Of the session. The Demo-
Gratis are determined TO make an effort,
after the REPORT OF the minority of the
Judiciary Committee is submitted,
to get az vote squarely on
the issue as to whether the
President can remove in his discretion
without furnishing reasons. They are
led to believe that Mr.. Edmunds
secured his report by the help
of unwilling votes, and that the SEN
ators who lent themselves TO Mr.. Ed
munds for that occasion are not pre-
pared To make themselves ridiculous
for all time Just 70 oblige the Vermont
Senator in his Senatorial campaigning.
They believe that several Senators
from the majority side would be glad
of an opportunity to accord the Presi-
dent the fullest executive discretion
in making removals, and propose to
afford oseSenators a chance to vote
as they think at an early day.
The Democratic members of the
Judiciary Committee of the Senate
will not need nor will they take the
week allowed, them by the Senate to
make up tho minority report. They
found Mr.. Edmunds's report TO be
careless, inaccurate one, or an attempt
at argument with SO many flaws as to
compel the conclusion that it was
hastily thrown together, and that il
was produced rather TO meet public
expectation than to justify the Re-
publican Senators in their position OF
resistance. What purported to be a
synopsis of Mr.. Edmunds's report was
published a.fortnightIago in several of
the newspapers, 1t is not a bit like the
report itself, but Democratic Sem
ator who read il expressed the opin-
ion that the correspondent who had
attempted TO predict what Mr.. Ed
munds would say had made more
ingenious statement than the Senator
from Vermont Mr.. Pugh of Ala
bama is preparing the minority report,
aided by Mr.. Jackson of Tennessee,
and he will complete ii tomorrow,
but will not present It to the Senate
until a later day in the week II will
not depart from the grounds of Mr..
Pugh's resolution, introduced in the
Senate on February Sd, in which
he maintains that the power of
removal or suspension is an eX-
ecutive power TO be exercised by the
President without any limitation in
the constitution, as is imposed on the
power of appointment, and that he is
responsible for removals and suspen-
sions to the people alone, and not to
the Senate. An attempt will be made
to fit the precedents more correctly
than those cited by Mr. Edmunds.
While an opinion by Attoney-Gen-
eral Akerman, given on August 4,
1870, may be quoted as the view Of
Republican, who held that the re-
fusal of the Senate TO confirm the
candidate 70 take the place Of
removed officer could only
act to keep the President from
filling an Office before the end OF
session, the opinion of another Re-
publican Attorney-General may be
cited to sustain the position that the
President need not give any reason
for suspension. But not much
stress will be laid on opinions that are
more or less partisan. Cases in num-
Der will be given TO show that the
Senate has not, as a rule, or otherwise
than exceptionally, asserted the right
to revise acts of the executive, and
that even in the one case cited by Mr..
Edmunds the papers were refused.
In the talk about the tenure OF
Office law, which is expected to take
up q considerable portion of the dis.
cussion on the Edmunds report, good
deal of attention will be paid TO the
peculiar wording of the third section,
which is section 1869 in the Revised
Statutes. II authorizes the President
to fill all vacancies which NAV happen