The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-10
President Cleveland the First Executive Since
Jackson Who Has Refused to Furnish Papers
About Removals and Appointments.
The Republican Position Strongly Sup
ported by Law and Precedent.
The Chamber Crowded to Its Utmost Capacity
with People Anxious to Hear the Speech
of Vermonts Great Senator.

luton reported by Mr.. Edmunds from the judi
ciary committee. These resolutions, among
other things. condemn the Attorney general for
refusing to transmit to the Senate papers called
for by the Senate, and declare that refusal to be
violation by the Attorney general of official
duty, and subversive of the fundamental princi-
pies of government and good administration.
The resolutions also condemn the discharge from
the government service of ex-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 persons being com
PEELED to stand. This was notably true OF the
reserved galleries, to which admission is only
permitted by cards from Senator's many gentle
men and not few ladies, though early in at
tendance, failing to find vacant seats.
Mr. Edmunds began his remarks in a rather
low tone, bat his voice soon acquired its usual
full clear ringing volume. He said the calm
and orderly administration of constitutional
government is a subject in which the Senate and
the House of Representatives and the President
and people, are equally interested, and for which
they are all, in their respective stations and
places equally responsible. TWAS in supporter
that calm and orderly constitutional exercise Of
the functions of government that he now ad-
dressed himself to these resolutions. 1t has been.
he said at least forty years since any occasion OF
this kind had arisen between the executive de-
partment 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 liz met in.
which there have been evinced che slightest re-
luctance, on the part either of the executive or
the heads of departments, to respond to the calls
of either house of Congress- or of the committees,
for papers in possession either of the executive
or of the departments, have been very few
indeed. Sometimes, in the case Of political
fever, as it might be called, there has been
evnced, wide years apart. a reluctance and hest
tation on the part of the executive or the heads
of departments to do this thing. and then. that
storm being over. the orderly administration Of
constitutional government went on as before.
and either House of Congress, on its request OF
demand, as the case might be. and the commit
tees 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 century, the Senate
found itself confronted by the refusal Of the head
Of the Department of Justice to transmit copies
of official papers and documents relating not TO
persons, but to things relating not to Offices, but
to officers. on file in the department.
In order that the Senate might perfectly un-
ar1 Lox
be read the statutes relating to the tenure Of
Office and recess suspensions. lSections 1767
and 1851 Mr.. Edmunds himself read portions
of the statutes creating the department of JUS
tice, prescribing the functions and duties OF its
head, and providing for the appointment of
subordinates of the Attorney general, which
subordinates are responsible to the Attorney
general Under these provisions, he continued,
the Attorney general has made regulations for
the control and guidance of his subordinates
Mr. Duskin, the attorney for Alabama, was ap-
pointed by the President by and with the advice
and consent of the Senate Mr.. Edmunds read
the commission of Mr.. Duskin as he supposed it
to be. He had not copy of it, and did not
know but it might have been thought, had 1t
been called for by the Senate, to be one Of those
things that would bear upon the suspension OF
Duskin and therefore not within the authority
Of the Senate to ask for or receive. Holding
this commission, Mr.. Edmunds continued:
"And, SO far as we know. while faithfully per-
forming his duties, on the 18th day of
July. 1885, the President OF the United States
under the authority of Section 176S Revised
Statutes, suspended this gentleman, and on the
same day, pursuant to the same statute he desig-
mated John d. Burnett, of Alabama. to perform
the duties of the suspended officer. The Senate
met on the first Monday in December, and on the
18th of that month, the President sent In the
nomination OF Mr.. Burnett"
Mr.. Edmunds caused to be read the letters of
suspension and the messages of nomination. az
well as the resolution of the Senate calling for
the papers In the case, and the Attorney gene
rails reply.
Mr.. Edmunds then proceeded to the case In
question-that Of the attorney for the Southern
district of Alabama He read the form Of the
order of suspension of Duskin and of the desig
nation of Burnett to succeed Duskin. He also
READ the resolution of the Senate calling for
papers on file relating to the administration OF
the Office by Duskin, and the letter OF the Attor-
ney-general refusing these papers, and stat.
ing that the refusal was by direction oil
the President He maintained that the
act of the President did not remove Duskin, bat
simply withheld from him the duties and emolu-
ments of the Office. pending a decision by the
Senate; that when the nomination Of Burnett
was sent to the Senate Duskin was the United
States District Attorney for Alabama, and the
proposition was that he should be removed Mr..
Edmunds commended that, had the Senate been
jury, it would have been its duty to find out how
DusKin had administered his Office. Mr.. Ed.
munds said that in spite of sundry misstate
mentsin the public press, and by the President.
and by the minority OF the judiciary committee,
the case, as it stands. is that the President has
asked the Senate to consent to the removal of
Duskin and the appointment of Burnett. 1t was
not for the President TO determine what papers
were relevant; that was discretionary with the
Senate Mr. Edmunds did not think the warm
est administration man would say that it was
any pars o. the ouss o. rie oa nea' o.
formation 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,
losu dolsh g. IL