Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-10
EDMUNDS OPENS FIRE.
MIR. PUGH UNILMBERs HIS GUNS
10 REPLY.


that the senate has "A Right 80 Demand
the Presidents Reasons for Making
RemOvals--Tke Speech Full of Inter
est.
WASHINGTON, March 9.-ln the Senate
this afternoon at o'clock other business
was cut of by the unfinished business,
beng the resolution reported by Mr.. Ed
munds from the Judiciary Committee
concerning the Duskin controversy be-
tween the Senate and President and At
torney General. As the resolutions were
read by the Chief Clerk the most absolute
silence prevailed on the floor and in the
galleries. The galleries were crowded,
many persons being compelled to stand.
This was notably true OF the reserved gal
leries, to which admission is only permit
ted by cards from Senators. Many gen.
tlemen and ladies were present, and,
though early, failed to ind vacant seats.
Mr.. Edmunds began his remarks in
rather a low tone, but his voice soon ac-
quired its usual full, clear, ringing Voi-
ume. Forty years had elapsed since the
last controversy of this kind between the
legislative and executive branches OF the
government bad occurred, and it had then
been many years since a similar occasion
had arisen.
REFUsALs NOT FREQUENT.
Instances in which there has been
evinced the slightest reluctance on the
part either of the Executive or the heads
of departments to respond to the calls of
either house Of Congress or OF the COM
mittees for papers in possession either OF
the Executive or of the departments have
been very few indeed. Mr.. Edmunds
then caused TO be read portions of the
statutes relating to the tenure Of office,
recess suspensions and creating the De-
partment of Justice aud documents COW
erlng the appointment and suspension of
Mr.. Duskin and the nomination OF his
successor, as well as the resolution OF the
Senate calling for the papers in the case
and the Attorney Generals reply.
'srhe question" Mr.. Edmunds said,
s'was what was the nature of the nomina-
tion sent by the President to the Senate.
The President had not undertaken, in the
face of the statute forbidding 1T, to remove
Mr.. Duskin from Office, buthad suspended
him. Mr.. Duskin still remained Attorney
of the United States for Alabama. He
stood in the attitude of military officer
under arrest, as the President might place
the Lieutenant General OF the army, Gen.
Sheridan, under arrest. That would not
take Gen. Sheridan out of the army.
NATURE OF THE ACT.
s'The act Of the President, therefore, was
not an attempt to remove Mr.. Duskin,
but to withhold from him the right TO per-
form the functions Of the Office until the
Judgment of the Senate could be taken in
respect Of his removal and the appoint
ment of a successor. Tue President took
pains, as he should in his order Of suspen-
sion and in his order of designation to
state that both were subject to all the
laws applicable thereto and the sections
OF the Revised Statutes forming part of the
law OF 1867 and 1863 declared in explicit
terms that this man should not be re-
moved except by the advice and consent
of the Senate. When the nomination OF
MIR. Burnett came to the Senate, there
fore, Mr.. Duskln was Attorney of the
United States for Alabama, and the
proposition was that he should be re-
moved by the appointment of the gentle
man selected as bis successor if it should
meet the approval Of the Senate.
THE SENATE JURY,
''TheretOre the Senate, if it were even a
fury and had to submit to the judgment of
the President, as Judge, as TO what evil
dence should be laid before it, connected
with the case and its relevancy, it would
have been relevant (cn the very issue
submitted by Judge to jury) to know what
was the conduct and management of that
office in the hands OF the person " hon the
President asked the Senate to assist him
in displacing by new appointment.
That question had arisen befOre--not be-
in the Cabinet councils of the President
Mr.. Edmunds had the Clerk read a long
opinion of Attorney General AEerman,
dated Aug. 4, 1870 relating to the case of
George H. Yeaman, commissioned Minis
ter TO Copenhagen, in which Attorney
General Akerman, among other things,
says that the word suspension" when
applied TO an Office never signified final
removal of an officer.
NOT IN ABEYANCE.
He also had read an opinion Of Attorney
General Devene, dated Oct. A. 1877, in
which that officer, among other things,
says: IAN Office, the incumbent OF which
is only suspended, Is in no case placed in
abeyance."
"It would be seen then,D Mr.. Edmunds
continued, "that in spite of sundry mis-
leading discussions in the public press,
ana IN spite of sundry inaccurate things
stated in the message OF the President OF
the United States to this body, and in
spite of the sundrY Inaccurate views ot
The minority of the Committee on the Ju-
dietary, as TO what this case is that we
now have to cOnsider-that rs we'll bv the
law, as 1t has been placed on the statute
books, by the action OF the administrations
that had existed after the law was passed,
and by the action OF the President OF the
United States himself IN obedience TO it,
he has invited the Senate Of the United
States to agree " th HIM in removing Mr..
Duskn from Office by the appointment
and commissioning of his successor.
THE OFFICIAL PAPERS.
''That beings so, the question was wheth-
cr the official papers IN the Department
of Justice bearing on tho administration
Of the officer we we're asked 10 remove
4bould be sent TO the Senate on its call.
Ihere was but one answer TO that.
Ihe relevancy OF the papers called for
must be a matter for the decision OF the
henate and nobody elsa.n
Mr.. Edmunds did not think the warm
go administration man would say that
taking II year in and year out, decade IN
nnd decade out, century in and century
npt, It was any part Of the duty OF the
president or the head OF any department
10 determine whether the oficial inorma.
uDn in the department, which was re-
qured by either house OF Congress, was
10 be furnished or withheld according 10
the opinion Of the officer called on, that 10
would or would not be useful 10 them in
heir deliberations.
THE PAPERS IN THIS CASE.
The papers called for in this case were