The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1886-03-17
The Debate in the Senate.

by senator EQmunuS. lie Sdlu III ndu
been at least forty years since any oc-
casion of this kind had arisen between
the executive department of the gov
eminent and the senate. The instances
in which there has been evinced the
slightest reluctance on the part either
of the executive or the heads of depart
ments to respond to the calls of either
house of congress or of the committee
for papers in possession either of the
executive or of the departments have
been very few indeed He then re-
viewed the Duskin case at length, and
claimed that in this case the officer was
suspended in accordance with the pro-
visions of the tenure-of- act, but
that the law made the consent of the
senate necessary to complete the re-
moval; that the papers in the case are
not in any sense in the custody of the
President, but in that of the attorney
general, the law creating the office of
the latter clothing him with powers
and responsibilities separate and dis
tinct from those of the President. In
regard to "oflicial papers," Mr.. Ed
munds declared that any communica-
ton addressed to an official in his Off
cial capacity, whether marked private
or not, was an official paper. The prop
osition was that the senate, being called
on to Judge of the official conduct of
Duskin, could not have the papers be-
cause if it did they would disclose the
grounds on which the President acted.
The reasons must be " tremendously
sacred if the facts were never to be
revealed lest the reasons also might be
revealed. The jurisdiction of congress
was infinitely broader than the Presi-
dents. When the Constitution COM
mands him to give congress informa-
ton on the state of the Union" it
says she shall do it," That had refer
ence to the universal power of knowl-
edge of the two houses of congress in
respect to every operation of the gov
eminent and all its officers. He then
discussed the right of the senate to call
for these papers. A large number of
cases were reviewed to show that either
house of congress has a right to know
everything that is in the executive de-
partments of the government. Mr..
Edmunds further illustrated this posi-
ton, showing that if the ground taken
by the President should be sustained it
would be impossible to carry on the
government. He also fortified his po-
sition by precedents, and showed how
even Andrew Jackson did not refuse
such information as the senate has in
the present case asked. He also cited
and commented on large number of
instances gathered from the journals of
congress in which, by resolution and
otherwise, congress had called on the
President or heads of the departments
for information and papers respecting
great variety of topics, and got what
it called for.
On Wednesday Senator Pugh of
Alabama made replyt to Mr.. Edmunds'
speech. His speech was somewhat
evasive Of the real point at issue; and
he sought to limit the discussion to the
right Of the senate TO revise the Presi-
dents exercise OF the power of suspen-
sion. He said the senate engaged in
an inquiry about a matter from which
there could be no possible practical re-
suit. There was no case in the history
of the government for eighty years
where any such documents as those
called for in this resolution were ever
transmitted to the senate in executive
or public session on the order of the
senate upon an encouragement or the
President. Mr.. Pugh read largely
from speeches made by Messrs. Ed
munds and Sherman on the tenure-of-
Office act in support of the proposition
and also quoted Clay, Calhoun, and
opinions of the supreme court. He
referred to letter written by ex-Sena-
tor Thurman, which Mr.. Edmunds had
read, asking reasons for the suspension
of judge of a territorial court, and said
that there was an express exception OF
judges of the United States. Such
judges could be removed only by and
with the consent of the senate and
that was why Senator Thurman had
sent his letter, as chairman of the judi.
ciary committee, asking for informa.
ton concerning the removal, not sus'
pension, of such an officer.
The debate on Thursday was con
tinued by Senator Wilson of Iowa. His
speech was not so much constitu
tional argument as an arraignment o.
the administration for its errors and in.
constituencies. He said the people
had given Cleveland generous credit
for sincerity, but they could not recon
cile his actions in suspending compe
tent and faithful public officers will
his repeated assurances that such thing
would not be done. Whenever an Of
ficer was SUSPENDED the people believed