The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1886-03-19
SPEECH OF SENATOR EDMUNDs.

In his long argument of yesterday
Senator EdmuEGs added nothing TO
what is contained in his report cencern-
ing the right of the Senate 20 demand
for its secret executive sessions papers
relating TO removals from Office. While
disclaiming any desire or purpose to in
terfere with the power of the President
TO make removals, Senator Edmunds
aud his political associates demand the
papers containing the reasons for the
removal of a District Attorney OF the
United States in Alabama. In effect
where lies the difference between claim
ing the right to demand the reasons for
making a removal and the claim for the
papers in regard to such removal
The object of Senator Edmunds is
best seen from his own recital of the
facts on which his argument is based.
He related that Mr. Duskin was ap-
poipted Attorney for Alabama by the
President. with the consent of the SEN
ate. and that while holding his commits
sion and faithfully perfol ming his du-
tv'' Duskin was suspended on the nth
Of July. 1885, by the President, and on
the same day John d. Behnett was ap-
I pointed in his place. He then read the
resolution of the Senate asking for cop
les of all papers filed in the Department
of Justice since the 1st of January, 1880,
relating to the conduct and manage
I ment of the Office of District Attorney
| of the United States for the Southern
| Distric3 of Alabama.
! In reply, Attorney Genera! Garland
I transmitted all the papers relating to
/ appointment of Bennett, and said he
/ was instructed not to send papers and
/ documents In relation to the removal of
] for mr. n n
1 and those who act with him in the Sen
/ ate are not satisfied. These Senators
say that this is not a sufficient answer
/ that it is, in fact ''reprehensible.h y
/ The demand the papers covering the
case of Duskin on the claim OF right
to share with the Executive the power
| of removal from office. IF such were
not their claim their dem aud for papers
relating to q removal from office is triv
olous. They want to know from these
/ papers the reasons of the President fol
removing an officer while faithfully
I performing his duties and if the Tea-
sons contained in the papers are not sat
isfactOTy they will reject the persOr
nominated to succeed him. What i:
this but an interference with the power
of the Executive over removal from Of
flee And what are the papers sought
for except on this claim of right of in
reference by the Senate
Tie Constitution gives the President
power to make appointments with thu
advice and consent of the Senate. Ii
this case the appointment was that o
John D. Bennett. But Senator Ed
munds and his political associates insis
on going back of this appointment t
inquire into the cause of the removal o
Duskin. with which the Senate has Off
cially nothing to do. The sole question
for the Senate concerns the fitness anC
qualifica tions of the person nominated
for Its advice. Upon the fitness of tn,
person suspended the President ha
acted en- his own Constitutional author
itv aud responsibility. But Senate
Edmunds demands the cause of suspend
ing in such papers as may be furnished
| by the department, and thus the ques
tisn Of the right of the Senate to shar
in the power of removal again recurs
In 1869 Congress. on the recommends
tiOn of President Grant, repealed tha
portion of The Tenure Of Office ac
which required the President to trans
nit to the Senate the reasons for sus
pensions But, in spite of the repeal o
that provision of more than doubtful
Consti.utionalitv, Senator Edmund
and the Senators who follow bin
demand these reasons under cover of
( call for papers and documents. This ]
the old assumption of the power of th
Senate to participate in the EXecutiv
function of removals from office, and il
the lesst Cenable shape in which tn
claim was ever presented. PHILADELPHIA
Record, March 10.