The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1886-02-26
THE sENATE's RIGHTS.


The judiciary Committee Submits Set
of Resolutions and Long Report Com
demnatory of the Refusal of the Prcsi-
dent to Transmit Information Regard
ing Suspensions from Office.
WASHINGTON, Feb. Ex-senator Edrnunds
yesterday reported resolutions from the Sem
ate Committee on the Judiciary, accompanied
by long report. The report recites the fact
and circumstances of the removal of Mr.. Dus-
tin and the appointment of his successor as
United States Attorney for the Southern Dis
trict of Alabama 1t declares that it has been
the uniform practice of the Judiciary CON-
mittee since the passage of the Tenure-of-
Office act to call upon the heads of depart
! ments for all papers and information in
the possession of the departments touch
ing the conduct and administration of the
officer proposed to be removed, and the
character and conduct of the person pro-
posed to be appointed. This has been done
with the unanimous approval of all the
members, although the composition of the
committee has been during the period some
times of one political character ana sometimes
of another. In no instance until this time has
the committee met with any delay or denial
in respect to furnishing such papers and
and in which exception the delay and
suggested denial lasted only for two or three
days.
The report then reviews the subsequent ac-
ton of the committee, and quotes the resolu-
ton adopted on January II, directing the At
torney- General to transmit to the Senate the
documents bearing on the Duskin. Burnett
ply, to the effect that the public interest
will not be promoted by compliance
with said resolution 1t then continues:
This letter.. although in response to the
~ +hAS r1o m hat r.
torney- General Is the servant of the Presi-
dent, and is to give or withhold copies of
documents in his office according to the will
of the Executive, and not otherwise. The
committee is unable to discover any law
which makes the Acknowledgement in any
sense the servant or under the control of the
Executive in the performance of his Lawful
duties. The report deals exhaustively with
presidents, and shows that never before in
the history of the Government has either
branch of Congress been denied official facts
or information.
In concluding the report asks: .'Why
should the facts as they may appear frQm the
papers on file be suppressed? Is it because
that being brought to light it would appear
that malice and Misrepresentation and per-
jury are somewhat abundant? merely that
faithful and competent and honorable Off
GERS nave been suspended and are proposed
10 pc removed under the advice and consent
OF the Senate in order that places may be
found for party men because they are party
men, or are the special objects of party favOr2
Inc nlgh respect and consideration that
the Senate must always have for the Execu-
tive office would make it reluctant to adopt
either theory. But at present the impepe-
trable vail remains, and as the commit &c is
unable TO suggest any other solution OF the
riddle it must leave it until this vail is lifted
and the opinions of the Government shall
again be known"
Appended to the report is statement show
ing the number of SuspenS Ons by the Pres
ldent as indicated by the nominations re-
celyed by the Senate during the first thirty
days Of the present session, being from the
first Monday in December, 1885, to January 5,
1886. as follows: Judiciary, 81: Finance. II;
Commerce, Isl; Public lands, 81; Territories,
4; Indian Affairs 16; Post-offices, 27S; Foreign
Relations, 5; Pensions, g.
The resolutions are as follows:
"ResOlUed, That the foregoing report Cs the
committee on the judiciary be agreed to and
adopted.
es its condemnation of the refusal of the At
torney- General. under whatever influence, to
send to the Senate copies OF papers called for
by its resolution of the 18th of January and
set forth in the Committee on Judiciary as
III violation of his official duty and subver
sive of the fundamental principles of the
government and of good administration
hereof.
"Resolued, That it is, under these circum-
stances, the duty of the Senate to refuse its
advice and consent to proposed removals of
ence to the supposed Official or personal mis-
conduct OF whom are withheld by the Execu-
tive or any head of a department, when
deemed necessary by the Senate and called
for in considering the matter.
= ReS0tUf@. That the provision of section
i,754 of the revised statutes declaring that
persons honorably discharged from the mill
tary or naval service by reason of disability
resulting from wounds or sickness incurred
in the line of duty shall be pre-
ferred for appointments OF civil offices,
provided that they are found to possess
the business capacity necessary for the prop.
er discharge of the duties of such office,
ought to be faithfully and fully put in execu-
ton, and thar TO remove or to propose to
remove any such soldier whose faithful
ness. competency and character are above
reproach, and to give place to another
who has not rendered such service, is
violation of the spirit of the law and of the
practical gratitude the people and Govern
ment of the United States owe to the defend
ers of constitutional liberty and the integrity
of the Government
"All of which is respectfully submitted
The resolutions and report are signed by
Senators Edmunds ingalls,, Mcmillan, Hoar,
Wilson and Evarts, of the Committee on
Judiciary. Mr.. Pugh, from the minority of
the same committee, asked that the cons;d-
Grafton of the foregoing report and resolu-
lions be postponed until the m nority had
had sufficient time to present their views,
next Monday week being the limit of the
time asked.