New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-02-19
THE SUPPRESSED PAPERS.
REVIEWING THE LAW AND FACTS.
REPORT OF THE JUDICIARY COMMITTEE
TO THE SENATE.
Mr.. rpMU>Ds's COLLECTION OF PREoEDENTs-THr
sENATE's DEMAND RIGHTFUL-A MINORITY RE
PORT TO BE MADE BY THE DEMOCRATS.
rnY TELEGRAPH To TIE TR,RNxnl

IBY TELEGRAPH To THE TRByxE.l
WASHINGTON Feb. 1e.-The Senate Judiciary
Committee held 81 ecial meeting to-day and agreed
upon its report in regard to the Attorney-GeneIals
refusal to transmit the papers file relating to the
administration of the office OF United States District
Attorney for the Southern District of Alabama. All
the Republican members of the committee, Messrs Ed
munds Hoar, ingalls,, Wilson, Mcmillan and Evarts
signed the report. 1t was agreed that the pemocr"c
members should have week from next MONDAY III
which TO prepare minority report and that in the
meantime the msorty report though presenter 10 inc
Senate shall not be called up for consideration WIN
,b;s understanding Mr. Edmunds presented his report
10 the Senate when that order of business was reached
the RESOLUTIONS accompanying the report were read
but the report ordered 10 be printed without being
read, owing TO its length.
The Democrats are to hold a caucus, TO which the
minority report being prepared by MIR. Pugh, will be
submitted before is presented in the Senate Ihey
are divided as to the best course TO follow The
reasoning of the majority report is nnanswerable to
the minds of some of the Democratic Senator'S and
they are not willing to commit themselves to any
declaration that Congress has not the night to examine
all papers on file in any Department of the Govern
ment The majority OF the Democratic Senator's. how
ever are willing TO obge the President in this matter
particularly as they have personal interest from the
TACT that they have party TO the filing OF the false
charges on which removals were made. They Will
make the matter a party one, however and VIII act
together
The resolutions that accompanied the report pre-
sented by Mr.. Edmunds as follows
Resolved That the foregoing report of the Commit
tee on the Judiciary he agreed TO and adopted;
Resolved That the Senate hereby expresses its con-
demnatiOn of the refusal OF the Acknowledgement unoer
whatever influence to send to the senate COPIES Oh
papers called for by it's resolution Of the 10th OF jan
uary and set forth In the reports OF the COMMITTEE on
the Judiciary as in violation of bis official duty and
subversive of the fundamental principles OF the Gov
eminent and of a good administration thereof
Resolved, That 1t is under those circumstances the
duty of the Senate to refuse its advice and consent 10
proposed removals OF officers, the documents and
papers reference the supposed official or personal
misconduct of whom are withheld by the Executive or
any head of a Department when deemed necessary by
the Senate and called for in considering the matter
Resolved, That the provision of Section lo4 OF the
Revised Statutes declaring THAT persons honorary
discharged from the military Naval service by
disability resulting from wounds or sickness
incurred in the line of duty shall be preferred for APP
poinmens TO civil Offices provided they are found TO
possess the business capacity necessary for the proper
discharge of the duties of such Office ought to be
faithfully ard fully put nexecution and that to remove
or propose to remove any such soldier whose faithful
ness, competency and character are above reprodch,
and to give place 10 another who has not rendered
such service is violation of the spirit OF the law ana
of the practical gratitude the people and Government
of the United States to the defenders OF constltu
tonal liberty and the integrity Of the Government.
AL of which is respectfully submitted.
George F. Edmunds, George F. Hoar
S.. Mcmillan William NJ Evarts.
The report presents the correspondence by which
George w. Duskn was suspended to make place for
John D. Burnett. and the nomination of the latter was
made TO the Senate. Then it continues: Since the
passage of the Act of the I'd of March, 1867, re-
garding the tenure of certain civil Offices il has been
the practice of the Committee the Judiciary when
ever nomination has been made proposing the re.
NOV al from office of person and the appointment
of another TO address note TO the head of the Depart
ment having such matters in charge usually the At
torney- General asking that all papers of uformtioan
in the possession of the Department touching the con-
duct and administration of the officer proposed 10 be
removed and touching the character and conduct OF the
person proposed be appointed be sent TO the Com
mttee tor its information This practice has through
all Administrations been carried on with the unan-
nous approval of all the members of the Committee
although the composition of the Committee has been
during this period sometimes OF political character
and sometimes of another. In no instance until tins
time has the Committee met with any delay or denial
in respect of furnishing such papers and information
with single exception. and i'll which exception the de-
Law and suggested denial lasted for only two or three
DAYS The Committee has thus hitherto been enabled
10 know the character and quality of the adnnstra
ton of the Office in charge OF the incumbent proposed
to be removed as well the character and quality of
papers in the Department could furnish the Dforma
ton in regard thereto in the instance now particu
larly under consideration the Committee according to
its standing course, on December 2G, 1880 through
iis chairman, addressed a note 10 the Attorney
General in the same form and asking Tor the same
papels and information that had been accustomed to
do After sundry delays and explanations it became
evident to the Committee that it could not by this in
formal method obtain an inspection OF the papers and
documents in tie Department CT Justice bearing upon
the subject" Accordingly the report continues,
lutiOns were adopted by the Senate directing the At
torney-General TO transmit the Senate copies of all
the papers and documents relating TO the case. Mr.
Garland replied that he directed by the President
to say that it was not considered that the public inter
est would be promoted by a compliance with the
resolution.
NOT THE SERVANT OF THE PR siDENT.
"Ths letter" continues the report, although in re-
Spouse TO the direction of the Senate that copies OF any
papers bearing on the subject within given period of
time be transmitted assumes that the Attorney-Gen-
era of the United States is the servant Of the Presi
dent and is TO give withhold copies OF documents in
his Office according to the will of the Executive and not
otherwise Your Committee is unable to discover
either in the original act OF 1879 creating the Office of
Attorney General III the act of 1870 creating The De
partment of Justice any provision which makes the
Attorney General Of the United States in any sense tie
servant of or controlled by the Executive in the per-
Torrance of the duties imputed to him by law the
nature of his Office. 1t is true that in the creation of
the Departments of State OF War and Of the Navy was
provided in substance that these Secretaries should
perform such duties should from time to time be
joined upon them by the President and should conduct
the business Of their Departments in such the
President should direct but the Committee does net
think it Important to the main question under con-
sderation that such is not TO be found in the
statute creating the Department of Justice, for 1t is
thought must be obvious that the authority entrusted
by the statute in these TO the President direct
and control the performance OF duties was only