Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-03-10
FORTY-NINTH CONGRESS-.
First Session,
SENATE.


committee on commerce a bill authorizing
the Central Missouri Railroad Co. TO con.
struct railroad bridge across the Missis.
sippi river at or near Alton, Ills. Tho bill
was read third time and passed.
Mr.. Allison, from the appropriation com.
mittee, reported, with an amendment, the
urgency deficiency bill. 1t was placed on
the calendar, Mr.. Allison saving that he
would call it up tomorrow.
On motion Of Mr.. Plumb the Senate took
up the Dill forfeiting part of certain lands
granted to the State of Iowa to aid the con-
structlon of railroads in that State.
AT two O'Clock the resolutions reported by
Mr. Eomunds from the judiciary committee
were taken up. The resolutions among other
Things condemn the attorney general for re-
iuslng to transmit to the Senate the papers
called for by the Senate and declare the re.
fusal to be violation by the attorney gen.
eral OF official duty and subservence of
the fundamental principles of the govern
ment and good administration. The resolu-
tlons also condemn the discharge from gov
ernment service of exUnion soldiers.
AS the resolutions were read bv the chief
clerk the most absolute silence prevailed on
the floor and in the galleries. The galleries
were crowded to discomfort.
Mr.. Edmunds took the floor and began his
remarks in rather a low tone, but soon his
voice acquired its usual full, clear ringing
volume.
He said the calm and orderly administra
tion of constitutional government is a subject
in which the Senate and House of Represen
tatives and the President and people are
equally interested and which they are all in
their respective stations equally responsible
1t was in support of that calm and orderly
constitutional exercise of the functions of the
government that he now addressed himself to
the resolutions 1t has been, he said, at least
40 years since any occasion of this kind has
arisen between the executive department of
the government ard the Senate. Instances
in which there has been evinced the slightest
reluctance on the part of either the executive
or heads of departments to respond to the
calls of either house of Congress or of the
committees for papers in possess of the ex-
ecutive or departments has been few indeed
Either house Of Congress on its request or
demand, as the case might be, and the COM
mittees of either house could, without direct
and positive authority to send for persons or
papers, always obtain from the departments
on their mere request everything they found
necessary for the proper discharge of their
duties. Now, again, after almost half a GEN.
tury, the Senate found itself confronted by
the refusal of the head of the department of
justice to transmit to the Senate official pa
psrs and documents relating not to persons
but to things, relating not to officers but Off
ces, on file in the department, in order that
the Senate might perfectly understand how
the question stood. He caused 10 be read
statutes relating to the tenure of office act
and recess suspensions. (Section l767 and
E1noupde apl
of the statutes creating the department of
justice, prescribing the functions and duties
of its head and providing for the appoinlmer t
of subordinates by the attorney general,
which subordinates are responsible to the
attorney general. Under the provisions, he
continued, the attorney general has made
regulations for the control and guidance of
lis supordinates. Mr. Edmunds then re-
viewed the appointment of Mr.. Duskin as at
torney for Alabama, his subsequent suspen-
sion during the recess of Congress and the
appointment of John ID. Burnett as his sue
cessor, such suspension of Duskin being
caused, Mr. Edmunds said, while he was as
far as the Senate knew faithfully performing
hls duties. The Senate met on the first
Monday of December and on the 14th of that
month the President sent in the nomination
of Burnett.
Mr. Edmunds then caused to be read the
letters of suspension and the message of the
nomination as well as the resolutions
of the Senate calling for papers in the case
and the attorney generals reply.
The question then, Mr.. EGmunds said was
wha. was the nature of the nomination sent
bv the President to the Senate. The Presi-
dent had not in face of the statutes forbidding
it removed Duskin from office, but sus-
nns III ,aip
for the United States for Alabama. He stood
in the attitude of military officer under arrest.
The act of the President, therefore, was not
an attempt to remove Duskin, but to with
hold from him the right to perform the
functions of office until the judgment of the
Senate could be taken in respect to his re-
moval and the appointment of successor.
The President took pains as he showed in
his order of suspension and in his order OF
designation to state that both were subject
to all the law applicable thereto" and the
sections of the Revised Statutes forming
part of the law of 1867 and 1869
declared in explicit terms that this man
should not be removed except by the advice
and consent of the Senate. When the nomi
nation of Burnett came to the Senate, there
fore Duskin was attorney of the United
States for Alabama, and the proposition wa:
that he be removed by the appointment of q
gentleman selected as successor, if it should
meet the approval of the Senate. Therefore
the Senate, if it were even jury and had
To submit to the judgment Of the Presiden
"a iudge as to what evidence should be lait
before it connected with the case and its rel
eyapcv. would have been relevant Con tht
very issues submitted by the Judge to the
iurvl to know what was the conduct and man
ayement of that office in the hands of persons
I whom the President asked the Senate to as
sist him in iisplacing by new appointment
Mr.. Edmunds h al the clerk read the opinion
of Attorney Gems. Akennan and Devens, rem
dered in similar cases to that under discus
sion. in which both held that the word ''sus
pension." when applied to office, never signi
! fed the removal of an officer.
II would seem, then, Mr.. Edmunds contin
ned that in spite of the sundry misleading
discussions in the public press and in spite o.
the sundry inaccurate things stated in th'
the message OF the President of the United
States to this body. and in spite of the sundr.
inaccurat, views of the minority of the com
mittee on judiciary, by the law as it has beer
nlaced on the statute books, by the action O.
oil tine administrations that have existed sinc'
the law was passed and by the action of th'
President, himself in obedience to 1t, thar h'
has asked the Senate to agree with him IL
removing Duskin from office by the appoint
ment and commissioning OF successor
That being so, the relevance OF the paper
called for must be a matter of the decision o
the Senate and nobody else. 1t was not an!
part of the duty of the President or head O
the department to determine whether tn
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