The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-02-19
FORTY.NINTH CONGRESS-.
THE FITZ JOHN PORTER BILL
PASSED THE HOUSE
The Issue Between the Senate AID
the nt-ResOlutiOns
offered.

Dcuhtc hnu appropriately TtlcIEcu was
one by Senator Hoar from the "citizsns
of the Unit:d States" citizsns Who's
names, Senator Hoar said, seemed to
indicate that they were foreign born,
Praying for the submission by Con-
gress to the several States Of pro.
posed constitutional amendment abol-
ishiDg the Presidency.
When reports of committees was an
neunced 10 be in order, Senator Ed
munds rose and said: "Mr. PTesi-
dent: | am instructed by the Com
mittee on Judiciary, to whom was re-
ferred the letter OF the Attorney-Gen-
eTal, with authority ID report with
open doore, 10 make a report with
sundry resolutions, which l ask may
be placed on the calendar"
The President pro tem.-Does the
Senator desire to have them read?
Senator Edmunds-No, sir; but the
Senator from Alabama Senator Pugh)
desires 70 make remark.
Senator Pugh, from the minority OF
the Committee on the Judiciary-As
10 the report Just made desire to
state that they knew nothing of the
contents of the report until it was
read to the committee this mo ming.
The minority desire to prepare a re-
port in which they will present their
views; and 10 enable them to do 30
they have until Monday week within
which to prepare the report, and it is.
understood that the majority report
and the resolutions accompanying it
will no. be called up for consideration
until we get leave to file the minority
report. The time given us to do go is
not to extend beyond next Monday
week.
Senator Dawes-Can we not have the
resolutions real?
Chef Clerk johnson then read the
resolutions as follows:
Resolved, That the foregoing report
OF the Committee on the Judiciary be
agreed to and a iopted.
Re80lred, That the Senate hereby
expresses its condemnation of the re-
fusal of the Attorney. General, under
whatever influence, TO send to the
Senate copies OF papers called for by
it's resolution of the 25th of January,
and set firth in the reports Ct the
Committee on the Judiciary, as in vio-
lation of his official duty, and subver-
sive OF the fundamental principles OF
the government, and OF good admin
istration thereof.
Resolved, Thai it is, under these cir
cumstances, the duty Of the Senate to
refuse its advice and consent to pre-
posed removals OF officers, the docu-
ments and papers in reference to the
supposed official or personal miscon-
duct of whom are withheld by the
Executive or any head Of department
when deemed necessary by the Senate
nd called for in considering the
matter.
Resolved, That the provisions OF Sec
ton l764 OF the Revised Statutes, de-
claring "that persons honorably dis.
charged from tina military or naval
service by reason oil disability result
ing from wounds or sickness incurred
in the line Of duty, shall be preferred
for appointment to civil offices, pro.
vided that they are found to possess
the business capacity necessary for the
proper discharge OF the duties of such
Office" ought to be faithfully put in
execution, and that to remove or to
propose to remove any such soldier
whose fsithiulness, competency and
character are above reproach, and to
give pace to another who has no. rem
dered such service, is a violation of
the spirit OF the law and OF the practi-
cal gratitude the people and govern
ment OF the United States owe to the
defenders of constitutional liberty and
the integrity OF the government.
All OF which is respectfully sub
mitted.
GEORGE F. EDMUNDS,
s. j. r. MCMILLAN,
GEORGE S. HOAR,
WILLIAM NJ. KVARTs.
The report recites the fact and cir
cumsiances OF the removal Of Dustin
and the appointment OF his successor
as United States Attorney for the
Southern District OF Alabama. 1t de-
clares that it has been the uniform
practice of the Judiciary Committee
since the passage OF the tenure-of-of-
flee act to caU upon the heads of de-
partments for ali papers and iniorma-
ton" in the possession Of the depart
ment touching the conduct and adj
minislation OF the officer proposed to
be removed, and the character and
conduct of the perton proposed ID be
appoin ed. This haC 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 char
aCtsr and sometimes OF another. In
no instance until this time has the
committee met with any delay or de-
NAL in respect Ct furnishing papers
aud information with a single excep.
ton, and in which exception the delay
and suggested denial lasted only tw o or
three days. The presidents are cited
and discussed at great length. One Of
the appendices is a list showing the
number OF officials OF various ranks
who were suspended or removed by
the President during the first thirty
DAYS of the present session OF Congress.
Senator Butler-Is this report ac-
companying these resolutions?
The President pro tsmpore-Y
Senator Butler-Is 1t TO be printed
Senator Edmunds-C Certainly, it will
be printed under the rules.
Senator Butler--I ask that the re-
port of the committee, as well as the
resolutions, be printed in the Record
also.
The President pro tem.-If there
be no objection that order will be
made.
Among the bills introduced was one
by Senator Bowen to provide a new
basis for the circulation for national
banks. Senator Bowen said he would
take occasion to address the Senate on
the subject OF this bill at az early day
At his request, therefore, the bill wa
for the present laid on the table.
On mo,iol Of Mr.. Berry, the bill tc
grant a right of way for railroad
through the Indian Territory to the
Kansas and Arkansas Valley Railroad
Company was taken up, and after de-
bate went OVER.
Mr.. Van Wyck entered a motion tC
-,.1aasIar tba vrnAo ~ xv hfch fha San,