Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-03-11

THE CONTROVERSY BETWEEN THE
PRESIDENT AND THE SENATE.
Mr.. Pugh Replies TO Mr.. Edmands--Fhe
History Of the Dustin Gasoline
House Proceedings.
WASHINGTON, March 10, 1856.

Affairs 10 report iavorabiy the nomina-
ton which | send to the desk"
"What is that" said Mr.. Harris,
"a nomination -
Mr.. Sherman'S breath seemed to have
been taken away. After a moments
hesitation he SAID. in something Of an
undertone /" 1t will be withheld"
Mr.. Blackburn begged pardon Of the
Chair.
The Chair laid before the Senate Mr..
logan's resolution offered yesterday
10 refer to the Committee on Rules for
Investigation the letter Of Captain Eads
denying that he (Eads) had any repre-
SentatiSeS on the floor Of the Senate.
Mr.. Riddlebcrger found in this reso-
luton and in Eads's letter TO Logan,
as printed in to days Record, an attack
upon himself, for which he held Logan
responsible and against which Logan
protested. The controversy between
these two gentlemen occupied the
greater part OF the time until o'clock.
At = o'clock the matter went over
without action, the Chair then laying
before the Senate the resolution from
the Judiciary Committee concerning the
relations of the Senate and the PreSi-
dent.
Mr.. pugh said he bad expressed his
views fully upon the subject Of this de-
bate in the report made from the Judi
ciary Committee by the minority, and
The main object he had in now address,
ing the senate IN reply to the Senator
from Vermont was TO prevent, If 1t was
in his power to DO so. which he ad-
mitted was a difficult undertaking, that
Senator from changing the character Of
the question between the Senate and
the President. The real character Of
that controversy could not be misun-
derStood or misrepreScnted, as 1t
had arisen upon facts apparent
upon the record and reported by
majority Of The Judiciary Committee.
when the Senator from Vermont was
st It's wheel he steered by his own
charts he never ran on straight lines
he never consulted the other sailors,
and he lost his temper when there was
any question Of the skill of his seaman
ship and when the officers Of the snip
undertook to select q crew to man it
without his advice and consent he in
SANITY headed o mutiny. At the risk
Of ic4rIirs the di>pleasure Of his
honorable and tineuished friend he
should call reckoning, SO that we
might understand where We are and
whittier we are drifting. What were
thc facts by which II is the duty Of all
of lbs to be guided: They were few
and simple.
On the l1th Of July, lo,j, George
". Dustin. bein- the district attorney
Of tie Southern district Of Alabama,
was suspended by the President, and
ON the same day John d. Burnett was
designated TO discharge the duties Of
that Office. On the l4,h Of December,
l>>j, the Senate being in session, Bur-
nett was nominated to the Senate to get
It's advice and consent TO his appoint
ment. That nomination was referred
to the judiciary Committee, and 1t lay
there over a month. In the mean
time, on the 2oth Of December, 1855,
the tenn Of office Of George VI. Dustin
expired. On the 18th Of January, 1856,
one month after the term of Dustin had
expired, he was 10 longer an incum-
bent Of that Office. A resolution
was sent by the Senate to the Attor-
noy-Goueral The Senator here read the
resolution Of the Senate calling for the
papers in The Dustin case.l For what
puGPose. be asked, was that informa-
ton sought by the Senate Of the Attor-
ney-GencIal: The majority of the
committee had stated distinctly the
purpose for which these papers were
sought. Here the Senator read from
the majority report the passage ending
with the declaration THAT public in
ttrest and public duty would require
tat The facts be made known
in order that the Senate may
uEterstsuinely AMI promptly advise
jhcir rcmoyal."I 1t was useless, Mr..
PUeh continued, for him TO read other
pas>ogos in the report making the same
ta,cmut--tLat the use the Senate in
tended 20 make Of the documents and
papers Sougl; from tie Attorney-Gene-
Ial was 20 enable the Senate TO exercise
tie power Of revising the act Of the
removal Of Dustin by the President.
WhatvaS the character Of the informa.
ton souch. by the Senate from the Office
# the Attorucy-GcntIal: The Te,olu-
tion spoke for Itself on that subject
" hes ted, That the Attorney-Gene-
raj Of the United States he. and he
lu,by is, directed to transmit to the
Senate copies Of al documents and
papers -
moi public documents, not official dOcu-
mcnts, not public Or official papers, but
private documents and private papers
relating exclusively to an official act Of
the President. Ian the suspension Of
Dustin as district attorney the inquiry
proposed 10y the Senate was 10 be made
with a knowledge Of the fact that more
,han four weeks before the resolution
Was offered 10 the Senate the term Of
Dustin had expired. Then what pos
sible use could be made Of the informa-
zion sought in that case: 1t was pure
fiction Why, the report Of the ma
ioIity declared that the Information was
wanted TO enable the Senate TO dis
charge the great duty imposed upon it
Of making an inquiry as to the prop:i-
ETY. Of an Official az, by the President.
Tie power to DO which was expressly
conferred upon him by law 10 be eXer-
cisel v ithin rs discretion. II they had
decided that Tie removal was improper
or unwise, wha, would have been
the effect Of the decision; Could
It have restored Dustin Was
be sull a suspended officer await
Ing he adjournment Of the Senate
90 he restored 70 the duties Of his Office
The senate was to-day engaged in an
inquiry about matter FROM which
there could be no possible practical re-
suit. il was moot question merely,
and The senate was Turned into a moot
court 10 discuss a purely abstract pro
position. The refusal Of the Attorney