Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-02
DUSKIN'S DECAPITATION.
A DEFENSE OF THE WITHHOLD
ING OF PAPERS.


MIR. Pugh Submits n Long Report ON Be-
half Ofthe Minority OF the Senate Com
mittes ON JudIciarS-The sep0te's
Power over Removals the Main Point
at Issue.
WASHINGTON, March lin the Senate
to-day Mr. Pugh, representing the minor
ity of the Committee on judiciary, suJ-
mitted the views OF the minority on the
resolution referred to that committee con-
cerning the Office of the District Attorney
for the Southern District Of Alabama. II
was ordered printed In the Congressional
Record, and also in separate form. 1t Is
three or four times as long as the majority
report. 1t embodies no resolutions.
CLAIMS or THE DEMOCRATS.
The report says that when President Cleve-
land CamO into office he fOund abOut rs per
cent. of the Offices nlled by Republicans ap-
pointed as reward for par y services. TIE
party to whom tho President owed his nomi-
nation aud Gle Ctlon had been eXlled from all
participation in the civil administration OF
tho government for nearly quarter OF a cen
tury. The friends and supporters at the Pres
ident made application for a redistribution Of
the public tru IL. No Other President had
ever been subjected to such n severe trial. or
had TO meet 50 many grave dliiic ultles, and no
other had such an abundant supply Of valid
reasons aud causes urging HIM 10 free e xer-
else OF his power of removal from Federal
iairnes' the lust claim' of his supporters or
used his power OF removal more oOnscien-
tiOusly, cautiously and spsringly.
COMMITTEE OBsTINACY.
Notwithstanding these facts, 6JO nomina-
ttons sent TO the Senate in suspension cases
hat been sllowed to remain befo,e the com
mitteos without consideration aud final disro-
sition. Mr.. Duskin has made no complaint to
the Judiciary Committee, the President or
Attorney General that he was wrongcd by the
suspension. The committee was fully in
formed that Mr. Burnett WIS recommended
TO the President by all tile members OF Con-
gress from Alabama, on personal knowledge
OF his high character. Stripped to the naked
truth, without any special pleading the case
made for the senate on their resolution aud
the answer Of the Attorney General Is whether
the Senate has right to demand Ot the At
torney General the transmission against the
order of The President OF any paper or docu-
ment OF the description mentioned In the resO-
luton when that paper or document IL stated
In the refusal TO relate exclusively to The re-
moval of Mr.. Duskin by the President, and for
that reason alone is not transmitted.
THE PRESIDENTS STAND.
The President holds that it is not public
document and there can be no doubt about
the correctness Of his decision, and that IL
must be accepted as conclusive. It's an I'M.
deniabic truth that every right, power, priv
granted IN the constitution, has some just
reason. use, necessity or foundation for its eX-
istence and support, The majority OF The
Judiciary Committee aflrm the right Of the
senate 10 direct the Attorney General or re-
quest the President to transmiL any paper on
the bles OF the department., or in possession
OF the President, II such paper relates to an
official act OF the President or the head OF
any department.
CLAIM OF THE MAJORITY.
Tne minority deny that the claim OF the
majority where paper or document relates
exclusively 10 removals or suspensions has
any foundation or recognition IN the consti-
tuition or valid law. The minority admits
that any and every public document on re-
cord on the files OF any department, or in
possession Of the President relating to any
subject whatever, over which either House Of
Congress has any power, jurisdiction or con
trOl under the constitution, Is subject 10 the
call or inspection of either House for use in
constitutional powers and its jursh ction.
But If all power granted n the constitution
ovt r subject matter is vested IN the President
exclusively, the only rlghttu custodian of all
such papers Is the chief executive officer.
wAsHINGToN's REFUSAL.
Why was the possession or inspection OF pa
pers relating TO the making and ratlfying Of
treaties refused TO the House Of Representa-
tIves by President Washington For the plain
reason that the House OF ", representatives. had
no power over treaty-maklng. 10 would be
unreasonable TO conclude that tho trainers of
bIe COnnbltubiOU uAu 0tildItN 70 ulNtAt Tue
power OF removing Federal officers between
The President and Senate, and after vcstipg
It In the President alone, had given 20 the
Senate by implication or as necessary Incl
dent OF another power the right OF advising
ami consenting TO removals. ftbe reasoning
of the majority Is sound IL would compel the
Secretary Of State TO transmit to the House Of
Representatives on its order all papers and
d0euments relating to the making and rati-
flying OF all tresties in the state Department
without circumlOcutiOn or evasion or general
iIing or dealing IN subtleties or refining on
the irrelevant aud misleading cases cited IN
the majority report.
NO PRECEDENT.
The minority, after making as digent
search AZ time and opportunity allowed, feel
satisfied that from 1883 to 1867, a period Of IS
years, not single case can be fonnd IN which
the Senate In executive session directed the
head OF any department, or requested the
President TO transmit TO the senate In eXecu-
tive 9, scion, documents relating exclnsively or
materially to removals OF Federal 0ficers by
the President during the recess or sessions OF
the Senate, and such direction Was Obeyed by
any head OF the department or the President.
No such resolution ~ that now before the
senate was ever obeyed. Every nr' cedent
cited in the report Of the majority has for its
foundation the constitutional power of the
Senate 20 participate with the President IN
the official act TO which the papers called for
related.
THE PRESENT DEMAND,
The demand in the present care upon the
Attorney General necessarily implies that In
the judgment OF the majortY OF the commit
tee the Senate has the same power over re-
movals that IL has over appointments There
10 no escape from this crucial test OF who IL
in the right in this controversy, the senate or
the President. In aeif-defense the President
and the friends Of the cOnst itutional prcroga-
tive In the Senate are forced to meet and
answer the question, "Where does the power
OF making removals from Federal 0nice re-
slider" Does the constitution answer the
question:
The report here quotes the provisions Of the
c0n-titution relating 20 executive power.
treaty y-making power, and those relating to
the making OF appointments. ~ saws the
question Of meaning Of the quotations came
up for consideration and settlement by the
FIRST Congress In May, 1850.
HIGH AUTHORITIES.
There we're many trainers Of the constilu-
ttOn IN that Congress. aud none Of them had
moro 20 do IN that great work than Mr. Mad
ison. The minority OF the committee Ia satls-
ned that they are unable 10 produce anything
themselves or from others that can add 10
what was said "a that famous debate. The
decision was made at a time when no politi-
cal parties had been organized 60 0innuence
Element of any controVerted question ever
had higher sanctions or more 10 commend It
10 unquestiOned acquescence.
MADIsoN's VIEWS.
Said Mr.. Madison, However various the
opinions which exist on the point now before
us, It seems agreed ON all sides that u de-
mands careful Investigation and discussion. /
feel the Importance OF the question and know
a.. II