Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-11

sal from the Cabinet! What did the Presi-
dent say about the action of the Senate
asking the Attorney General for these pa
persI Mr.. Pugh read at length from the
Presidents message, among other things
the statement that there "had been no
ofhcial papers or documents filed in his
tine Attorney GeneraPs) department re-
iating to the case within the period stated
In his resolution"
A QUESTION OF VERACTTY.
There" said Mr.. Pugh, sis state
ment by the President OF a matter Of fact
within his personal knowledge, and the
Senator from Vermont cOntroverts the
truth OF that statement, having no fOun-
dation whatever for the denial. There is
square issue made in the report Of the
majority OF the Judiciary Committee
with the President upon matter of fact
that Is within his personal knowledge.
Are these papers called for from the At
torney General such as this Senate has a
right to have in the discharge of it's
duties3 The President had stated that
the papers were private and unofficial,
and related to nothing over which the
Senate had Jurisdiction.
TRYING TO UsURP POWER.
"The majority OF the Judiciary Commit
tee and Its distinguished Chairman. the
Senator from Vermont, said that although
private aud unofficial, they would enable
the Senate to discharge the duty it had to
perform-the power it claimed-Ot reVis-
ing the official act of the President in the
suspending Of George NJ. Duskin as Dis
trict Attorney. That was the undisputed
basis OF the claim TO these private unofi-
cial papers. It was the power of the
Senate to exercise the same control and
revision over the act OF suspension or re-
mnVal fhnf mu n1 nd nvnpaiaah
and given to the Senate expressly by the
constitution, Of advising and consenting
to appointments.
NO CHANCE FOR MISTAKE.
'sTbere was no mistake about that being
the clam asserted by the majority of the
Judiciary Committee, and there was no
mistake that the resolution reported con-
demned the official act of the Attorney
General tor the reason that he had with
held on the order OF the President informa-
tiOn that he stated was private-dOcu-
ments and papers that he SAID were un-
official and private, and withheld from the
Senate ON the Presidents positive order,
first, because they were private and un-
official, and secondly because they related
to no duty tnat the constitution or law
imposed upon the Senate.
NO PRECEDENTS.
10 buCAC au buihSs EaAu ills ukus Al
the history OF the government to support
this claim? Tue distinguished Senator
from Vermont has presented long array
of what he calls 'precedents.' l under
take to say-and | challenge denial, upon
the fullest test-that there is no case in
the history of the government for so years,
where any sucn documents as those called
for in this resolution we're ever trans
mitted TO the Senate in executive or pub
Attorney General or President. Ny hon.
Orable and distinguished friend paraded IN
a manner that indicated that he was
about TO achieve great triumph over the
President in the production OF a letter
sent from the Judiciary Committee and
signed by Allan g. Thurman as Chairman
to the Attorney General.
THE THURMAN TRIBUTE.
81 indOrse all that the Senator has so
well said about Allan g. Thurman. Yes,
Mr.. President Allan G. Thurman is the
greatest and wisest and purest American
statesman now living. Applause in the
galleries, whose occupants were notified
by the occupant of the Chair Mr.. Harris },
that any further demonstrations OF APP
plauss would result in the galleries being
cleared. l was surprised that the great
Senator IRON Vermont in this great law
should invoke the name and fame and
authority OF that great statesman to sus-
tain the claim now made on the Attorney
General for those documents. What had
Senator Thurman said on the floor of the
Senate in relation to this power Of re-
mOvalY
POWER OF REMOVAL.
Mr.. Pugh read from Mr.. Thurman's
speeches on the debate on the tenure OF
Office act, in which he expressed mis- con-
vIctiOn that the power of removal was an
Executive power exclusively, residing in
the President alone. Yet the Senator
from Vermont invoked an order, signed by
Mr.. Thurman as chairman Of the Judi
ciary Committee, addressed TO the AttOr,
nry General, which Mr.. Pugh would read
to the Senate. Mr.. Pugh then read the
letter which was read yesterday by Mr..
Edmunds calling for papers bearing on
the removal Of Judge Shatfer, OF the Terri
tory of Utah. That person, Mr.. Pugh
said. had been a judge Of the Territorial
court, and in the provision cOnierring the
power OF suspension on the President
tnere was an express exception OF judges
of the United States.
THE QUESTION INVOLVED.
The question was whether Territorial
judges were embraced in that language.
The Senator from Vermont knew that
question was now before the Judi
ciary Committee. He knew that the
great Senator and lawyer from New York
Mr.. Evarts) was u member Of that sub
committee, with splendid lawyer, Mr..
jackson from Tennessee, and that after
two weeks or more OF consideration they
had made no report on that question,
submitted TO them, OF the power OF the
President, in vacation, TO suspend the
Judge Of a Territorial court. The Sena-
tor from Vermont knew that the senator
from New York Mr.. Eyartsl had eX-
pressed the opinion that these Territorial
Judges were not subject 10 the power OF
suspension by the President.
AN oPEN QUESTION.
That was today an open question be-
fore tue very committee OF which the hon.
the declaration by one Of the most dis
tingulshed lawyers that ornamented the
judiciary Of the country declaring it TO be
his opinion tnat this power OF suspension
given the President IN section 1765 OF tue
Revised statutes did not apply 10 Ferrito-
rial Judges. Then why was II that Sena-
tor Thurman, as chairman OF the Judiciary
Committee, sent that order or request 90
the Attorney General? He sent 10 under
section 1857, making them subject TO re-
m0yal, but only by and with the advice
and consent OF the Senate.
PRECEDENT FOR THE ORDER.
There was precedent for the order Of
Chairman Thurman upon the Attorney