The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-03-11

the period stated 10 the resolution"
There" said Senator Pugh, sis a
statement made by the President OF n
matter OF fact within his personal
knowledge, aud the Senator from Yer
mont cont.overts the truth OF that
haviDgno foundation what
ever for the denisL There is a square
issue made in the report OF the ma
ioity Of the Judiciary Committee
with the President upon matter OF
fact that is within bis personal knowl-
edge. Are these papers called for
from the Attorney-General such as
this Senate has q right to in the dis
charge Of its du.iesH The President
had stated that the papers were pri-
va,e and unofficial and related TO moth
ing over which the Senate has juris-
dic,ion. The msjority OF the Judiciary
Committee and It's distinguished chair
MANTLE Senator from Vermont
said that although private and moi
fetal they would enable the Sonata to
discharge duty it had to performs
power II elaimed-of revising the act
Of the President in suspending George
NJ. Dustin as District Attorney.
That was the undisputed basis
Of the claim to these private
unofficial papers. 1t was the power OF
the Senate TO exercise the same con-
troll and revision after the act Of GUS
pension or removal that was claimed
and exercised and given TO the Senate
expressly by the constitution OF ad-
vlsing and consenting to appoint
ments. There WAS no mistake sbout
that being the. claim asserted by the
majority OF the Judiciary Committee,
and there was no mistake that the
resolution reported condemned the
official act OF the Attorney-Genersl
for the reason that he had withheld,
on the order Of the President, infor-
nation that he stated WAS private
documents and papers that he said
were unofficial aud private, and with
held from the Senate on the Presi-
dents private order-first, because
they were private and unofficial, and
second, because they related to no
duty that the constitution or law inn
posed upon the Senate.
SIS there anything" said Senator
Pugh, Gin the history OF the govern
ment 10 support this claim ? The dis
tinguished Senator from Vermont has
presented long array of what he calls
'precedent3. l undertake to say-and
l challenge denial upon the fullest
text--that there is no case in the
history Of the government for eight
years where any such documents as
those called for in this resolution were
ever transmitted to the Senate in ex.
ecutive or public session on the order
OF the Senate upon an A torney.Gen-
eral or the President. My honorable
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 Com
mittee and signed by Allen G. Thur
man as It's chairman to the Attorney
General ! indorse all that the Senator
has 80 well said about Allen g. Thur
man. Yes, Mr.. President, Allen
&. Thurman is the greatest and the
wisett and the purest American states.
man now living applause in the
galleries whose occupants were
notified by the occupant OF the chair
Senator Hoar, that any further demon
strRtons CT applause would result In
the galleries being cleared) | wal
surprised that the great Senator from
Vermont, in this great law-makinj
department Of the government should
evoke the name aud fame and author
ity Of that great statesman to sustain
the claim now made on the Attorney
General ior'thoae documents.
What had Senator Thurman said OF
the floor Of the Senate in relation L
this power OF removal
Senator Pugh read from Senate
Humans speeches on the debate il
the tenure OF office act, in which he
expressed the convictions that tht
power Of removal was an executiv,
power exclusively residing in thu
President alone, yet the Senator from
Vermont invoked an order signed by
Senator Thurman as chairman OF thu
Judiciary Committee, addressed to tn,
Attorney-General, which Senate
Pugh would read to the Senate.
Senator Pugh then read the lettel
which was read yesterday by Senator
Edmunds, calling for papers bearing
on the removal Of Judge Shatier OF the
Territory OF Utah.
"That person." Senator Pugh said
had been Judge Of Territorial court
and in the provision comforting the
power OF suspension on the President
there was an express exception oil
judges of the United States, The
question was whether Territorial
judges we're embraced in that Ian
guRge. The Senator from Vermont
knew that question was now before
the Judiciary Committee. He knew
that the great Senator aud jurist from
New York Senator Eyarts) was a
member OF that subcommittee, with
the splendid lawyer, Senator Jackson
from Tennessee, and that after that
two weeks or more OF consideration
they had made ne report on that ques
ton submitted to them Of the power
OF the President in vacation to sus
pend a Judge OF Territorial court
The Senator from Vermont knew tha
the Senator from New York (Mr
Evarts) had expressed the opinion
that these Territorial judges werl
not subject 70 the power Of suspensioI
BY the President. That was, to-day
40 open question before the vers
committee OF which the honorable
Senator was chairman, and, with |
declaration by one OF the most dis
tiRguished lawyers that ornamenteC
the judiciary OF the country, declar
ing il 10 be his opinion that the powe
OF suspension gwen the President II
section 1868 Of the Revised Statutes
did not apply to Territorial judges
Then why was II that Senator Thur
man, as chairman Of the Judiciar,
Committee, sent that order or reques
TO the Acknowledgement He sent !
under section 1867, making them sub
ject TO removal, but only by and will
the advice and consent OF the Senate
There was the predicate for the orde
: Of Chairman Thurman upon the AT
torney-General 70 send in all informs
ton and papers relating to the re
moval, not to the suspension.
Senator Pugh here read section 1897
, and continued: Under that section tn
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