The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-03-11
EDMUNDS.
A MOURNFUL HOWL FROM
THE GREAT REPUDLI-
CAN CRANK.
HE WANTS TO POKE Ills NOSE
INTO PRESIDENT CLEVE-
LANDS SECRETS.
SENATE.

finished business the senate took mp theresolutions
| reported by Mr. Edmunds from TIE Judiciary com |
| mlttee. These resolutions, among other things, !
condemn the attorney general for refusing to trans
NIT to the senate papers called for by the senate,
and declare that refusal to he a violation by the
altorne! general Of official duty, and subversVe of
the fundamental principles of government and
| gOOd administration. The resolutions also CON |
denim the discharge from government service ofex-
union soldiers. 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 to apparent discomfort, many per |
sons being compelled to stand, This was notably |
true OF reserved galleries, to which admission only
was permitted by cards from senator's, many gen
temen and not few ladies', though early in attend
ance, failing to find vacant seats
! MI EdmundS began his remarks in a rather low
tone, but his voice soon acquired its usual full,
| clear, ringing volume. He said the calm and or
derly administration of constitutional govern
ment is subject in which the senate and house of
representatives, and the president and the p, ope
are equally interested, and for which they arc ALL
in their respective stations and places, equally
sponsible 1t was in support of that calm and or
derly constitutional exercise of the functions of the
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
executive department of the government and the
senate, and when little more than forty years ago
similar, but not the same question arose, it had
| then been long time since any such question
| had engaged public attention The instances in
which there had been evinced the slightest reluc-
tanCe on the part either of the executive heads
of departments to respond to calls of either house
of congress or of the committees for papers III pos
session either of the executive heads of depart
ments had been very few indeed. Sometimes, in
case of political favor as it might be called, there
has been evinced, wide years apart reluctance and
hesitation on the part of the executive, or heads of
departments, to do this thing, and then, that the
| storm being over, an orderly administration and
constitutional government went on as before, and
either house of congress, on its request or demand
as the case may be, and committee of either
house could, without direct and positive authority,
send for persons and papers, and always Obtain
from the the departments, on their mere request,
everything they found necessary for the proper
discharge of their duties. Now, again, alter al
most half centRry, the senate found itself con-
fronted by the refusal of the head of the depart
men of JUSTICE to transmit copies of official papers
and documents, relating, not TO persons, but to
things; relating not to officers, but to offices
file in the department In order that the senate
might perfectly understand how the question Stood
he caused to be read the statutes relating to the
tenure of office and recess suspensions. Mr.: Ed
munds, himself, read portions of statutes relating
to the department of justice, prescribing the func
tions and duties of its head, and providing for the
appointment of subordinates by the attorney gen
eral, which subOrdinates were responsible to the
attorney gCn raj. Under thefe provisions, he coz
tnued, the attorney general made regulations for
the control and guidance of his subordinates. The
district attorney fer Alabama appointed by the
president, by and with the advice and consent OF
the senate.
Mr.. Edmunds read the cOmmiss ion of Dustin, as
he supposed it to be- The senate had not copy
of it and he did not know but it may have been
thoul ht had it been called for by the senate to be
Que of those things that would bear upon the sus
= pension of Dustin, and therefore not within the
authority of the senate to ask for or receive
4 Holding this commission, Mr.. Edmunds continued
and so far as we know, faithfully rareAsning its
duties the 18th day of July, 1885, the president
of the United States under authority of section
176S, revised statutes, suspended this gentleman,
and on the same day pursuant to tine same statutes
, designated John D. Burnett, of Alabama to per
form the duties of the suspended officer The SEN
ate met on the first Monday in December and on
he 14th of that month the president sent in the
nomination of Mr. Burnett. Mr. Edmunds then
proceeded to the case in question, that of the at
, torney for the district of Alabama. He read the
form of the order of suspension of Dustin, and of
the designation of Burnett to succeed Dustin. lie
also read the resolution Of the senate
ealing lin tor Papers pa pt6s oc on bv hnsD e Dnd t
letter of the attorney general stating that the re-
D fusal by direction of the president. He main
tanned that the act of the past did not remove Dus
tin, but simply withheld from him the duties and
embarrassments of the Office pending decision OF
n the senate; that when the nomination of Burnett
D was sent to the senate Dustin was the United
States attorney for Alabama, and the proposition
was that he should be removed
e Mr. Edmunds contended that had the senate been
Jury it would have been its duty to find out how
e Dustin had administered his.ofice MIR. Edmunds
It said that in spite of sundry misstaements In the
h public press and by the president and by the ma
Ority of the judiciary committee, the case, as IL
stands is that the president has asked the senate
Vt to consent to the removal of Dustin and the ap'
e pointment of Burnett. Besides, it was not for
the president to determine what papers were ree-
+ want That was discretionary with the senate Mr..
a Edmunds did not think the warmest adnlnlstra
Y ton men would say it was any part of the duty
of the president or head OF a department
to determine whether official information in the
department, which was required by either house OF
congress- was to be furnished or withheld, accord
ing to the opinion of the officer called on, that ii
would or would not be useful to them in their de-
iberatons The papers called for In this case were
g papers called for in the department, and the law
d made the attorney general and not the president
the custodian of these papers and required him to
/ preserve them. Every paper addressed to the ON
. Ger exercising the official function OF suspension
y upon that topic must be an official paper. No mat
, ter how false it may be, it did not belong to the
, man, whether president attorney general, but tt
v the officer in his character as an ohcer. Inc at
= torney general gave no hint that any part OF the
. papers called for private or Unofficial, OF ever
i confidential public papers. Official papers were
/ called for and such papers only were spoken OF IL
the response, but the papers were refused Decast
they would not only give the facts, but would ena
& Bile us to understand the reason OF the preslden
z for exercising his official act. Thereupon, tht
proposition that the senate being called on II
the exercise of its jurisdiction to Judge or the III
d cial conduct of Lustin. the president having al
ready been called within his jurisdiction to pro
d nounCe judgement on similar question about
lie the same man, the senate couldnot have the pa
q, oers, because if it did, they would disclose tht
ar Grounds on which the president acted. lt that,
ID said Mr.. Edmunds sis not a proposition which
a would stagger the credulity and amaze the under
id standing Of any intelligent man in government o
lg law or government of reason, am quite unable
MT IN comprehend what would be-. 'All the opera
n, lions of the government, Nj. Edmunds continued
ay "were executive and had it come to this, that be
nd canse the president the chief executive Officer
he of the government, congress could know nothing
of 90 to the facts and circumstances relating to tn
nd execution of the laws because If the
did thev might be able to comprehend the motive
eI ar reasons of the president in carrying odt tn
de lava Why such statement was shocking, ye
he that was the logic of this whole thing. The juris
ne J;ction of congress infinitely broader than tina
of the president. His was executive power. Con
Sc oress made the laws and when the constitution
ch Commands him to give congress Information o.
lp- tthe state of the union, it says, He shall do IT,
He THAT had reference to the universal power o
he lnowledge of the two houses of congress In re
Ids snect 10 every operation of the government an
k ierv one of its officers That is the state OF tn
ed nnian. HThe state of the union is made up
his dron in the bucket of the execution OF ever
'as law and the performance OF every ofcer unue
eIs the law. A.. o.o.o n lattar fror
lis the secretary of the treasury, transnlIhg lete
oy from the chief justice of the court OF GAINS asf
ed ing an appropriation OF S4OOO 1or prlntlhe an
binding expenses of the court. r., A., .o,,
In Mr.. Conger reported favoraoly 1roIi tne c0li
by mite on commerce. bill autaorlZlng the M MNsnti'
tiff Missouri Railway company to construct raLoa
ch bridpe across the Mississippi rlVer az oI near
to illinois. The bill was read the thiru tlhe oil
Ws passed.
IL HOUSE.