Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-03-11


act OF suspension or removal that was
claimed and exercised aud given 10 the
senate expressly by the cpns isutlCn u /
idsissng and conscnting 10 appointments
There Il mistake about th,t being thu
claim asserted by majority OF the /
judiciary committee, aud there
vas no mistake that tue tosoln. /
ton reported condemned the Of. /
ilclal act OF the atiorney.a general /
Tor the reason that he had withheld, on /
the order OF the president, information /
/ that he styled as private documents aud
| papers thath said were unofficial and mi.
yate, and Withheld them from tho senate
ON The presidents positive ordcr First,
because they were private aud unofficial;
and, second, because they related 10 no
duty that The constitution or law imposed
upon the senate Ia there any.
thing, said Mr. Pugh, in the
history II the government 80 snip.
port this clalng This distinguished
senator fiom Vermont has presented
a long array Of what he calls prccedents
J uudcrtnsc-to say, aud challenle n de-
nial upon the fullest text, that there Is no
case 10 the history Of the government FOR
eighty years where any such documents
as those called for IN this resolution worc
ever transmitted 10 ibe senate Ia exceu-
tive or public session on the order OF the
senate upon an altorney. general or the
president My venerable and disilu-
gulshe friend ramdod In manner
that indicated that he was alout
10 achieve great triumph over
the president In the production OF
a Ct;cr sen, from the judiciary commit
tee, aud signed by Allen G.. Thurman, as
It's chairman, e. the attofney.gentrsi
lndoIse all tho senator hiss sO we'll said
about Allen G. Thurman ies, Mr.. Prrsi-
dent, Allen q. Thurman Is the greatest
: and the wisest aud the purcst Amrrican
Statesman now living. wGs surprised
that the great senator from Vermont, 10
this great law making department OF the
, government should Invoke the name
and fame md authority Of that great
statesman to sustain the claim
now made on the attorney general
for these documents What had Senator
Thurman said on the tiOof OF the senate
in relation 10 this power of TcmOvali
Mr.. pugh read from Mr.. Thnrnan's
! speeches on the debate on the tenure Of
Office net, in which be expressed the con-
yictiOn ttat the power OF removal WAS an
! executive power exclusively, residing IN
the president alone. Yet tho senator
, from Vermont invoked an order signed
, by Mr. Thurman as chairman OF the judi
! clary committee, addressed 10 the aitor-
ney-gencral, which MIR. Pugh would
/, read 90 the senate Mr. Pugh then
, read the letter which was read Yesterday
, b, Mr.. Edmunds calling for the papers
bearing on the removal of Judge Shaifcr
Of the territory Of Utah That person,
Mr. Pugh said, had been Judge OF terri.
torlal court. aud IN the provision CON
= ferring the power OF suspension on tho
= president there was an express exception
Z Of the Judges Of She United States. The
! question was, whether territorial Judges
wero embraced In that language
: The senator from Vermont knew that
= the question was now before the Judi
! olary commit G He knew that the great
senator aud lawyer from New York tMr
T Eyars), a member Of that subcommittee
E with Inc splendid lawyer, Mr.. jackson
= from Tennessee, after two weeks ur more
J. OF consideration, had made no report or
that question submitted to them Of tb'
L power OF the president IN vacation 4
y suspend Judge of a territorial court
+ The senator from Vermont knew
u that tha senator from New
= York (Mr Evarts) had expressed
g the opinion tina these territorial judge
g were not subject 20 the power OF suspcn
y siau BY the president That was tO-ta,
u another question before the committee
u OF which the honorable senator was chair
Q m.n and with declaration by one O
Z the most MISUNDERSTANDING that urDn
u ment the judiciary Of the country dtclai
IS ing ~ 10 he his opinion that this power q
U suspension given TO the pres
p dent ia section 1868 OF ih
~ Revised Statutcs, did not ap
y, ply 20 territorial Judges Then wh
% yas IL that Sci a'or Thurman, az Chall
D. man Of The judiciary committee, sent tllo
o. order Of request 10 the atom y'Renerai
IS lie sent Il because section 1867 make
e, territorial Judges subject to removal, bt
ne ONLY ~ aud with thu advice and consel
u OF the senute. Here was the predica'
s. for the order of Chairman Thurman upo
he the attorney. general TO send IN all Il
at formation and papers relating
b. inc removal, Mt 10 the snfpe
ut sion. MIR. Pugh here read re-
so ,icn 1861 aud continued bnu
MT thai section the power OF removal was
at DO exercised by add with the advice az
Nv consent OF the senate. ~ WIS IN "pu'
10 ence of the provision OF that section IN
st The order WAS sent ny the cnaifinan
ne the attprncy-geueral calllDg LOT inform
on lion In reference to removal that :
w onlred the adsice and consent OF Y
let senate. lust as In he case OF an apHpil
lly ,ornt. MIR. Pugh had oanat
OF Wal,baIl read for him
lte ,nperh OF senator Sp,agee
~ nc senate 10 debate on the tehu
nc OF Office act.
20 That careful statement Of the qn.
in' lion here Involved, said Mr. Pugh, wh'
on abatement was known 20 have been WI
IN TN by chef Justice Chase, eXpfersl
'as ,be conviction that the only junction
Tue ia senate In the cases involved 40
ler Al .oussion was merely one OF assent
ny dissent, and strongly coniroVeiteu
sai min that the function of temoNai
hat q legislative one. lie (Mr. Pugh) onl'
", chail, nped reply 20 tnat phper n.
uid he continued, let II DO true that !
Az p0wer Was mol vested by the eohsupu'
no IN Inc president blODei let " pe
the ,bst iite the mower u appointment
60. senate shnled with tn presiaenp
gu. po0,r Of removal; let y be tlur tla'
lest notg,,r of removal was a legislative Po'
we aod not All executive power, and the
hls M renahtian Of II b lvnged a. ohce
~ roaur,.-s aud the constitutions Wy
nee t.at he trne-.he would uoN cal ny
lty- uon 10 tho expeilenry and prA t,e w
rom ~ sn,.h a powur hcin1 tx fciscu
sag ibe eeuate. Tie feaa rom
lhe reahrt " the minority az DeAf'uk y
M, M liut 10 question p7f l'h ~ ~