Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1886-03-17
EDMUNDS AND CLEYELAND.
The Vermont Senator Dissects the Presi-
dents Recent Message to- the Senate on
the Dusktn Case-A striking Precedent
Pointed Out-Sarcasm and Law.
From g. Washington Special.

L
gin his administrator speech un
til 2 O'Clock this afternoon, the CROWD
came early. Before / O'Clock the gal
leries were filled. and little later or
standing room was out of the ques
ton. Scores of congressman came
over to hear the attack, and profound
attention was manifested in the minor
Senate work by the brilliant assem-
blage. Senator Edmunds took No
part in the morning measures. He sat
| quietly in his seat until the judiciary
committee resolutions matter was
called, the question being on the
adoption of the solutions which con.
denim the action of the attorney gen
eral in refusing to furnish to the Sen
ate the papers in the Duskin re.
moval case.
Senator Edmunds rose and prefaced
his speech with the remark that the
calm or orderly administration Of con-
stitutional government is a subject in
which the people, the President, and
representatives of the people were
equally interested and equally respon-
slble. 1t was In support OF such order
ly government that he addressed the
Senate. 1t was forty years since all
issue of this kind had come between
the Executive and the Senate. In
stances Observation-Disclosures on the part
of the President or the departments
to furnish information such as was de-
sired in this case were verified. SEN
ator Edmunds, after reading the
statutes bearing on appointments and
removals, as we'll as the correspondence
which had taken place between the
Senate committee and the attorney
general about Duskin's suspension,
and having thus formulated his
case, proceeded to argue that
the President had not removed Mr.
Duskin, but had merely suspended
him. Mr.. Duskin still remains Unit
ed States attorney. He stood in the
attitude of military officer under ar
rest, as the President might place Gen.
Sheridan to-day, but this would not
take Gen. Sheridan out of the army.
The proposition, Mr.. Edmunds said,
as it came to the Senate in this case,
was that Duskin should be removed
by the appointment of Mr.. Burnett.
Mr.. Edmunds then had read long de-
cision by q former attorney general
(Mr. Akerman) in support of this po-
sition. In this opinion Mr.. Akerman
held that the word suspension" when
applied to an officer, never signified a
full removal. Another opinion by At
torney General Devens was also read,
in which that officer says: Gan office,
the incumbent of which is only sus-
pended, is in no case placed In abey-
ance."
"And so, Mr.. Edmunds continued,
cit would be seen that in spite OF
sending misleading discussions in the
public press; in spite of certain mac
curate things stated IN O. message Of
this body, and in spite of sundry in
accurate views of the minority of the
committee on the judiciary as to what
| this case Is, that we now have to con
sider-that as we'll by the law as it has
been placed on the statute books by
the action of all the administrator
that had existed after the laws were
passed, and by the action of the Presi
dent OF the United States himself il
obedience to it-he has invited the
Senate of the United States to agree
with him in removing Mr.. Duskin from
office, by the appointment and com
missioning of successor. That beins
SO, the question was whether officia
papers in the Department of Justice
bearing on the administration of tht
officer whom the Senate were asked tt
remove, should be sent to the Senate.
There was but one answer to this
question, Mr.. Edmunds thought.
| D;oo,,oc;x1v he of fho roIo
vancy Of the papers called for, Mr.. Ed
munds said this was matter to b,
decided by the Senate, and nobod!
else. He doubted whether the warm
est administration man would main
tain that it was any part OF the dut!
of president or head of department
to determine whether official inform
alton in the departments required b!
either House of Congress was to D.
furnished or Withheld according to tina
officers opinion, whether it would O.
would not be ''useful' to them in thei
deliberations. Passing on to discus
the official or private character of tn
peppers desired by the Senate, Mr.. Ed
munds said that the papers called TO
in this case were papers filed at tn
attorney generals Office and th
statutes made the attorney genera
and not the President custodian o
these papers. The attorney genera
gave no hint that any part of the pa
pers called for were private or unoi
fetal, or even confidential Publ
papers-oficial papers-were calle'
for and such papers only were spokel
of in the response. Did thos
papers relate to the motives Q
the President in suspending Duskin
Did anybody suppose that the Presi
dent or any of his friends had filed
statement OF his motives? By n,
means. That would be absurd. Tn
papers, therefore, stated facts, on tn
statement of the attorney general tina
they related exclusively to the susper
sion, stated facts Or alleged facts as t.
the conduct of the officers suspended
Since the Senate was called upon t.
assist the President in displacing thi
man permanently, every paper exist
ing there relating to him, on the &C
mission of the attorney general, relat
ell to the conduct Of the Office while i
possession of Duskin. But the papers