The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-03-10
THE REPUBLICAN VIEW OF THE
PENDING CONTROVERSY.
senator Ednunds's Speech On His
Resolution COndemRlBg the
Attorney General
FOR REFUSING TO TRANSMIT
PAPERS CALLED FOR.
4 SpeclOus and Plausible Argument,
but One That viii Not
stand.

mltIlnR III response 10 a recent oeuhIt
resolution information as 10 mail
service on the Pacific and other iail-
roads; also letter from the Secretary
Of the Treasury trar shifting a letter
from the Chief Justice Of the Court of
Claims, asking an appropriation of
$4,000 for printing end binding Sx-
penses Of that court.
Mr.. Conger reported favorably from
the G mmittee on Commerce a bill
authorizing the Central Missouri Rail
way Company 10 construct a railroad
bridge across the Mississippi river at
or near Alton, III. The bill was read
q third time and passed.
Under the head Of unfi Dished husi-
ness, the Senate took up the resolu-
ton reported by Senator Edmunds
from the Judiciary Committee. These
resolutions, among other things, con-
denim the Attoney.General for refus-
ing to transmit to the Senate papers
called f)r by the Senate. and declare
that refusal to be violate by the
Acknowledgement Of official duty, and
subveTsiVe Of the fundamental princi-
pies OF govern ment and good admins
trst'on. The resolutions ais 20 condemn
the discharge from the government
service of ex Union soldiers.
AS the resolutions were read by the
chief clerk, the most absolute silence
prevailed on the floor aud in the gal
leries. The galleries were crowded to
apparent discomfort, many persons be-
ing compelled to stand. This was
notably true of the reserved galleries,
to which admission is only permitted
by cards from Senators, many gentle
men and not a few ladies, though early
in attendance, falling to fad vacant |
seats.
Senator Edmunds began his remarks |
in a rather low tone, but his voice soon
acquired its usu al full, clear, ringing |
volume. He said the calm and order |
ly administration of a constitutional |
government is subject in which the |
Senate and the House Ct Representa-
tives and the President and people are |
equally interested and for which they |
are al in their respective stations and
places, equally responsible. 1t was in
support OF that calm end orderly con-
stitutional exercise Of the functions of !
government that he now addressed |
himself to these resolutions. 1t has |
been, he said, at least forty years since |
any occasion OF this kind has arisen /
between the Execut We Department of |
the government and the Senate, and .
when little more than forty years ago |
a similar, but not the same question,
arose, it had then been a lO1g time
since any such question had engaFed
public attention. The instances in
which they have been evinced the
slightest reluctance on the part either
of the executive or the heals OF de-
partments TO respond 10 the calls of
either house of Congress, or Of the
committees, for papers in the posses
sion either of the executive or
III the departments have been
very few indeed. Sometimes, in
the case of political fever, as it might
be called, there has been evinced, wide
years apart, reluctance and hesitancy
on the part OF the executive or the
heads of departments to do this thing,
and then that storm being over, the
orderly administration of cons'itu-
tional government went e0n as before
and either house OF Congress, on it's
IeOrest or demstd, as the case might
be, and the committees of either house
could, without direct and positive au-
thority to send tor persons and papers,
always obtain from the departments
on their mere request anything they
found necessary for the proper dis
charge Of their duties. Now, again,
after almost half a century, the Senate
found itself confronted by the refusal
of the head of the Department of
Justice to transmit copies Ct official
papers and documents relating not 10
persons, but to things; relating not to
officers, but to officer, on file in the de-
.paltment. In order that the Senate
might perfectly understand how the
question tt1od, he caused to be
read the statutes relating TO the tenure
OF office and recess suspensions. (Sec-
tions 1857 and 1881 Mr.. Edmunds
himself read portions of the statutes
creating the Department OF Justice,
prescribing the functions and duties OF
its head and providing for'the appoint
ment of subordinates by the Attorney
General, which subordiRstes are re-
sponsible to the Attorney General.
Under these provisions, he continued,
the Attorney-General has made regu-
latiOns for the control and guidance of
his subordinates. Mr.. Dustin, the
attorney for Alabama, was appointed
by the President by and with the ad-
vice and consent OF the Senate. Mr..
Edmunds read the commission of Mr..
Duttin,as he supposed it TO be. He
had not copy of it and did not know
but,it might have been thought, had
it been called for by the Senate, to be
one OF those things that would bea
upon the suspension of Dustin and,
therefore, not within the author
ity of the Senate to ask for
or receive. Holding this commits
sion, Mr.. Edmunds continued,
and SO far as we yet know faithfully
performed it's duties. On the eth day
Of July, 1885, the President Of the
United Ststss, under the authority of
section 1868, Revised Statutes, sus-
pended this gentleman, and on the
came day, pursuant to the same stat
ute, hedesgHated John D. Burnett of
Alabama to perform the duties of the .
suspended officer. Ike Senate met on
the first Monday of December, anE on
the 14th Of that month the President
sent in the nomination of Mr.. Burnett
Senator Edmunds caused to be read
the letters Of suspension and the mes
sage of nomination, as well as the res :
CLINTON of the SenSte calling for the
papers in the case, and the Attorney !
Generate reply. :
Senator Edmands then proceeded C
to the case in qutstioR-tbas of Attor- 8
ney for the Southern District Of Ala .
bsms. He read the form of the order d
OF suspension of Dustin, end the '
designation OF Barnett 10 succeed Dus- f
tin. He also read the resolution of
the Senate calling for rapers ca file b
relating to the ministraton OF the I,
office by Dustin and the letter of the p
Attorney~General refusing these pa n
pers. and stating that the refusal was il
by direction Of the President He p
that tine act of the Presi- o
dent did rot remove Dnstin, but sim | IL