National Republican. (Washington City (D.C.)) 1872-1888, 1886-03-10

The largest audience that has filled the |
galleries Of the Senate this session was In |
attendance yesterday to witness the begin
ing Of the eagerly anticipated debate upon
the pending issue between the Senate and
the administration. Every one of the gal
leries was crowded, and people were UNI
able TO obtain entrance after about /
o'clock, except where in few instances
the rules were infringed by persons forcing
their way through the doors, and seating
themselves on the stairs in the aisles. AS
the afternoon passed members Of the House
came into the Senate chamber, and with
chairs brought in from the cloak rooms, al
most filed the space in the rear Of the
desks Of the senators.
The most careful, earnest attention was
paid to Mr.. Edmunds throughout the en-
tire time--about two hours and quarter
that he occupied the floor. Besides his
strong points in legal argument and terse
statement of facts, Senator Edmunds was
happy in his SMILES and contrasts; his wit
and occasional irony and sarcasm were
highly relished and he interlarded the dry
facts with just enough OF Righteousness to
engage unilagging attention to every sem
tenCe he uttered.
At2 o'clock the unfinished busIness''--
from the committee on the judiciary-was
taken up. These resolutions, 1t will be re-
membered, among other things, condemn
the Attorney General for refusing to trans
nit to the Senate papers called for by the
Senate, and declare that refusal to be q vlo-
lation by the Attorney General of official
duty and subversive Of the fundamental
principles Of government and good admin
istration; and they also condemn the dis
charge from the government 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.
Mr. Edmunds began his remarks in q
rather low tone, but his voice soon acquired
its usual full, clear, ringing volume. He
said the calm and orderly administration Of
constitutional government is q subject in
which the Senate and the House Of Repre-
sentatves and the President and people
are equally Interested, and for which they
are all In their respective stations and
places equally responsible. 1t was In sup
port of that calm and orderly constitutional
exercise of the functions of government
that he now addressed himself to these reso-
buttons. 1t has been, he said, at least forty
years since any occasion OF this kind has
arisen between the executive department
of the government and the Senate, and
when a little more than forty years ago
similar but not the same question arose, 1t
had then been a long time since any such
question had engaged public attention.
The instances in which there has been
evinced the slightest reluctance 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 depart
ments have been very few indeed. Some
times in the case of political fever, as II
saIN ha na11 oil tharn hau haa,
wide years apart, q reluctance and hesita-
lion on the part Of the Executive or the
heads of departments to do this thing, and
then, that storm being over, the orderly ad-
ministration of constitutional government
went on as before, and either house Of Con-
gress on its request or demand, as the case
might be, and the committee OF either
house could, without direct and positive
authority to send for persons and 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 officers but to
Offices, on file in the department. In order
that the Senate might perfectly understand
the statutes relating to the tenure Of office
and recess suspensions (sections 1867 and
1853. Mr.. Edmunds himself read portions
of the statutes creating the Department OF
Justice, prescribing the functions and duties
of its head, and providing for the appoint
ment Of subordinates by the Attorney Gen
eral, which subordinates are responsible tC
the Attorney General. Under these provis
ions, he continued, the Attorney General
has made regulations for the control and
guidance Of his subordinates. Mr.. Duskin
the attorney for Alabama, was appointed by
the President, by and with the advice ant
consent OF the Senate. Mr.. Edmunds read
the commission of Mr.. Duskin, as he sup
posed 1t to be. He had not copy Of It
and did not know but 1t might have beer
thought, had 1t been called for by tn
Senate, TO be one Of those things tina
would bear upon the suspension
of Duskin, and therefore not within tn
authority Of the Senate to ask for or receive
Holding this commission, Mr.. Edmund
continued, and so far as we yet knew, faith
fully performing its duties on the 18th da!
of July, 1885, the President Of the Unite,
States, under the authority of section 176
Revised Statutes, suspended this gentle
man, and on the same day, pursuant to til
same statute, he designated John ID. Burnett
of Alabama, to perform the duties of tn
suspended officer. The Senate met on tn
first Monday Of December and on the lat
Of that month the President sent In tn
nomination Of Mr.. Burnett
Mr.. Edmunds caused to be read the letter
OF suspension and the message Of nomni
ton, as well as the resolution of the Senat
calling for the papers In the case, and tn
Attorney Generals reply.
The question then, Mr. Edmunds said
was what was the nature OF the Dominatio
sent bG the President to the Senate. Tn
President had not undertaken, in the fac
of the statute forbidding 1t, to remove MI
Duskin from office, but had suspended hin
Mr.. Duskin still remained the attorney O
the United States for Alabama. He stoo
In the attitude Of a military officer unde
arrest, as the President might place til
lieutenant general Of the army-Ger
Sheridan-under arrest. That would nc
take Gen. Sheridan out Of the army. Nj
Edmunds thought the act OF the President
therefore, was not an attempt to remoy
Mr. Duskin, but to withhold from him til
right to perform the functions of the oiliC
until the judgment of the Senate could
taken In respect of his removal and the al
pointment Of successor. The PresldeI
took pains, as he should, in his order {
suspension and III his order Of designation
to state that both were subject TO all tn
laws applicable thereto" and sections
the Revised Statutes forming part of d
law Of 1867 and 1869 declared In eXplic
terms that this man should not be remove
except by the advice ana consent OF u
Senate. When the nomination Of Burne
came to the Senate, therefore, Duskln WI
the attorney Of the United States for AL
bama, and the proposition was that
should be removed by the appointment {
the gentleman selected us his successor II
should meet the approval of the Senat
Therefore the Senate, If It were even jur
and had to submit to the Judgment OF IL
President us n judge as to what eyiden'
should he laid lnfprn H. pDnnpptpu with IL
case, and its relevancy, it would have bee
releYnnt-nn the Yerv Issue submitted