Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1886-02-26

Mr.. EDMuNnss RESOLUTIONS AND THE MAJOR.
trY REPORT OF THE JUDICIARY COMMITTEE
THE MINORITY REVOLUTIONS


dR. EDMUNDs's RESOLUTIONS AND THE MAJOR.
trY REPORT OF THE JUDICIARY COMMITTEE
THE MINORITY REVOLUTIONS.
Mr.. Edmunds's resolutions on the relations
of the Senste toward the Executive. in the |
matter Of appointments, took the following
form as finally reported. They we're accom-. /
panied by a long report from the Judiciary
committee, OF which Mr.. Edmuuds is tho
chairman;
Resorcd, That the foregoing report Of the commit.
tee on the Judiciary be agreed to and adopted.
ResOred, That the Senate hereby expresses its con-
Of the refusal Of the Attorney General
under whatever influence, to seud to the senate copies
of papers called for by s resolution Of the 25th Of
January, and set forth In the reports Of the Commit
tee the Judiciary, in violation Of bis Official duty
and subversiye Of the fundamental principles Of the
government and OF good administration thereof.
Res0iUed That IL is, under these circumstances the
duty Of the Senate to refuse it's advice aud consent to
proposed removals Of officers, the documents and pa
pera In reference to the supposed ocal or personal
misconduct Of whom are withheld by the EHecutiyeor
head Of department, when deemed necessary by the
Senate aud called for In considering the matter
Resoued, That the provision Of section i754 Of the
discharged from the military naval service by rea-
Of disability resulting from wounds or sickness
incurred In the line Of duty, shall be preferred for
appointments to civil Offices provided they found
to possess the business capacity necessary for the
proper discharge Of the duties Of such ONCE" ought
to be fully and faithfully put Ia execution; aud that
TO remove or to propose to remove auy such soldier
whose faithfulnees competency and character are
above reproach ana 70 give place TO another who has
not rendered such service is violation Of the spirit
Of the law aud Of the practical gratitude the people
aud government Of the United States to the de-
Tenders Of constitutional liberty aud the integrity Of
the government. All Of which is respectfully submit
ted.
(signed) GEO +. EDMUNDs.
JOHN J. INGALLS,.
s. }. h. MCMILLAN.
GEO. Il. HOAR.
JAS. =. WILSON.
VIM. NJ. EVARTS.
The report recites the fact aud ciroumstan.
ces Of the removal Of Geo W. Dustin, United
States attorney for the southern district of
Alabama, to make room for Democrat. 1t
declares that it has been the uniform practice
Of the Judiciary committee, since the passage
of the tenure-of-ofiice act, to call upon heads
of departments for 'all papers and informs.
ton" in the possession of the department
touching the conduct and administration of
the officer proposed to be removed, and the
character aud conduct Of the person proposed
| to be appointed. This has been done with
the unanimous approval of all the members,
/ although the composition of the committee
has been during the period sometimes of one
| political character and sometimes of another
la no instance until this time has the commit
tee met With any delay or denial with respect
to furnishing such papers and information,
with single exception in which exception
/ the delay lasted only two or three days. The
]
length. One of the appendices is a list show.
lug the numbers of officials Of various ranks
who were suspended or removed by the Pres
dent during the first 30 days Of the present
session OF Congress-. The number was 6i3.
The report quotes from the message of the
| President his endorsement of the cvll-seryice
law, aud his declaration that subordinate Off
cials should not be removed except for reasons
which affect their usefulness as public ser
a 4
jority of the committee assumes that il Ga
suspended officers have been dismissed be
cause Of inttiicency or personal misconduct
the Seuate, which has to sanction such dis
missas, II 1t confirms their successors, has
right to know the charges upon which such
officers have been suspended. The aioritJ
also claims that common fair play demands
that men thus removed should be made &C
quainted with the charges made against the
that they may defend themselves.
The minority report was presented by Sen
ator Morgan of Alabama on Tuesday III,
resolutions preceded by assumptions tina
the report aud resolutions Of the majority o
the Judiciary committee charge the ATTORNEY
General with offences for which he can onll
be tried by impeachment, and consequently
that tue Senate has no authority to proceed Il
condemn him, az it would by the passage o
tue resolutions Of the msjority. The resolve
direct the Committee on Elections to inquire
l, II the offences Of the class for which the Al
tOrney General eau be mpeached, II the Senate
proceed TO convict and condemn him Ia advance q
trial. p II tue Senate has the power to arrest an
try the Attorney General for contempt Of Its author
ty. 3, Whether the matter set forth by the maj1rit
Of the committee constitutes misdemeAuor undo
the laws Of the United States, aud what tribunal ha
the right to condemn the Attorney General for th
offence alleged. 4, II the Attorney General has vic
lated any law. s. II the Senate has any constitution
right to advise and consent 10 removals from Office
the President, and prevent the removal by III
President. g. II the Senate, II the majority sha
to the resolution OF the majority Of the commit
tee has the right to withhold It's consent the r.
moyal Of persons who UNIT for office, aud wheth,
the $ nate can bind its members 10y any rule, Is d.