Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-02-24
FORTY-NINTH CONGRESS-.
First Session,
sen ATE.

WASHINGTON, Feb. %.
| Among the bills reported favorablv and
placed on the calendar was one bv Mr., Frye
to promote the practical progress and com.
mercial prosperity of American nations.
MI Morgan presented the following pre-.
amble and resolutions which were ordered
prir ted and laid on the table.
| Whereas, majority of the committee on
Judiciary have originated a report to the Sen.
ate and recommended the adopted of tbs
| following resolution:
Resolved, that the Senate hereby expresses
Its condemnation of the refusal OF the attor
ney general under whatever influences to
send to the Senate copies of the papers calle
Tor by its resolution of the 25th Of January
and set forth in the report of the committee
on judiciary as in violation of his official
capacity and of the fundamental principles
OF government and of good administration
| thereof
whereas, The Senate, if said resolution is
adhered to heing true upon the fact and as a
matter of law, wilt therefore announce the
preJudgment of a majority of this body with
out any trial according to law, that the at
torney general of the United States 10 guilty
of and condemned for wilfully committing an
offence in the conduct of his office, which is
Is
sive of the fundamental principles of the gov
ernment of the United States.
Whereas, the attorney general, if he has in
fact wilfully committed any offence that is in
violation of his official duty, and is subyer-
slve OF the fundamental principals of the
government of the United States, it 10 only
amenable to the condemnation of the Senate,
when the Senate is sitting with the chief JUS
tlce OF the United States as a court of i'm
parchment and hear and decide upon the ar
ticies of impeachment presented by the House
OF Representatives.
Whereas, 1t is alleged that the Senate has
no rightful authority to cause the attorney
general Of the United States to be arrested,
tried and punished for contempt of its author.
lty and dignity, the Senate shall declare that
such contempt has been committed by him
upon the facts stated, averments made in
said resolution and In the report which ac-
companies the same, and,
Whereas, The Senate would expose to just
censure if they in the manner recommended
by the committee on judiciary proceed to an
nounce their judgment of the condemnation
against the attorney general of the United
States upon an accusation that includes an
offence that is punishable by impeachment
and the Senate would also be exposed to lust
censure ii it should attempt to declare the
attorney general of the United States to be in
contempt with its authority and to pass judg-
ment OF condemnation against him for such
contempt without having him notified of the
charge and arraigned to answer the same at
the bar of the Senate.
Resolved, That the committee OH privileges
and elections be instructed to inquire into and
report upon the question whether the offences
alleged against the attorney general of the
United States IN said violations is of the class
of offences for which the head of depart
ment may be impeached and removed from
office, and whether the Senate can take jurs-
diction of said alleged offence in the manner
provided tor in said resolution and can pro-
ceed to convict and condemn the attorney
general in advance of trial for said alleged
offence by resolution of the Senate there
being no impeachment of said officer in the
mode required by the constitution.
Second-That said committee be instruct
ed, further, to inquire into the report wheth-
er the Senate has power under the law and
rules adopted for its government to arrest, try,
convict and punish the attorney general of
the United States for contempt of its rightful
authority.
Third-That said committee be further in
structed to inquire and report whether the
matter stated and referred to in the manner
set forth in the resolution reported for the
committee on the judiciary, above copied.
constituted any crime or misdemeanor in
office under any law of the United States,
and if so, what penalty is annexed to said
crime or misdemeanor, and what tribunal has
rightful jurisdiction to try and, on conviction,
to condemn the attorney general of the United
States to punishment for the same.
Fourth-That said committee be further in
structed to consider, ascertain and report
whether the attorney general, as stated in
resolution reported from the committee on
the judiciary has violated said law, and
whether he has done any, and what, acts in
conducting the business of his Office to which
said resolution relates that he might not have
done in the exercise of his lawful discretion,
Fifth-That said committee be further in
structed to inquire and report whether the
Senate has anv constitutional right or power
to give its advice and consent to removal from
office by the President and whether by with
holding such advice and consent the Senate
can prevent the removal Of any person from
office by the President
Sixth-That said committee inquire and
report whether the Senate, if a majority shall
agree to the resolution above recited, (Which
was reported from the committee on the
judiciary has a right under the constitution
to withhold it's consent to the removal of per-
sons by the President who are unfit for office
under the circumstances mentioned in said
report of the committee on the judiciary and
the resolutions reported back by the commit
tee, and whether the Senate can bind its
members by any declaration of the Senate or
by any rule as the duty of the Senate as the
same is declared in the following resolution
touching the powers and proper conduct OF
the Senate which was so reported by the
committee on the judiciary, viz;
Resolved. That it is, under these circum-
stances, the duty of the Senate to refuse its
advice and consent to the proposed removals
OF officers when documents and
papers, in reference to the sup
posed official or personal misconduct
of whom are withheld by the executive OF
any head of department, when deemed nee
essary by the Senate or called for in consid-
ering the matter.
Mr. Hoar called up the bill approp priating
$3.50 900 for the erection of a monument in
Washington to the memory of Gen. Grant.
Mr. Plumb thought the bill ought not to
pass. He WAS sure he voiced the wish of the
soldier, whose fame the proposed monument
would commemorate, when he said no such
monument was necessary. No monument had
been erected or thought necessary to the
memory of Lincoln. Grant. fame did not
depend on a monument. The feeling for
both Grant and Lincoln was deeper and more
lasting than any monument could witness.
Mr. Hoar was sure that Mr.. Plumb was as
sincere as anybody in his respect for the great
memory which it was proposed to commemo-
rate, but Mr.. Hoar said that all civilized ma
- l. A.