The Portland daily press., 1886-03-11
XLIXth CONGRESS- FIRST SESSION.
SENATE.

letter of Mr. EadS denying tnat ne (Eads) mad
any representative on the floor of the Senate.
In Mr.. Logan's absence Mr.. Plumb said he sup
posed the matter would go over, and he moved to
take up the bill on the forfeiture Of land grant
In Iowa.
up, and Mr.. Mcmillan resumed his remarks In
support of his amendment.
Mr.. McMillans amendment was rejected.
Mr.. Riddleberger then called up the Eads mat
fer and said he found in the Record letter from
j. p. Eads addressed to the Senator from Illinois
(Mr Jocan.l He would like to know how the
Senator got that letter into the Record.
Mr.. Logan who had in the meantime arrived,
said he had nothing to do with getting 1t into the
Record
After some colloquy between Messrs. Riddle
berger and Logan, the former said he was not as
great soldier as the latter but he would yet dis
cover a conspiracy to make the United States
government an endorser for the Eads Ship Canal
Conpany. We all know, he said that ex-Seere-
tary Window was at the head of the company.
Mr.. Logan asserted that he had merely laid
Mr.. Eads' letter, which asked for an investiga-
tion of the charges, before the Senate as he would
have done in the case of any respectable citizen
He reiterated that he had nothing TO DO Win Inc
letter going into the Record.
Mr.. Riddeberger declared that the letter re-
6eeted upon his VeraclJy, ana bnaU IL was NOT
proper that it should go into the Record before he
had had an opportunity to meet its charges
Mr.. Logan disclaimed any personal feeling
against the Senator from Virginia in the matter
and modified his resolution so as to provide for
the reference of Mr.. Eads' letter to the commit
tee on commerce.
fore the committee, but what he had to say would
be said before the open Senate. he dld NOT pc
lleve in the Senate becoming more English than
vi In he course Of his remarks Mr. Riddleberger
alluded to Mr.. Eads representative who had put
his letter in the Record.
Mr., Logan said he had treated the Senator from
Virginia kindly but II the senator statea snat ne
(Mr. Logan) was representative OF anyDoay 1
stated what was absolutely untrue.
Mr.. Riddleberger said he merely meant @ that ne ae
was Mr.. Eads representative to the extent OF
putting his letter in the Record.
AT two O'Clock the matter went over without
action and the chair then laid before the Senate
the resolutions from the Judiciary committee con-
corning the relations OF the Senate and the Pres-
ident.
upon the subject of this debate in the report made
from the judiciary committee by the minority,
and the main object he had In now addressing the
Senate in reply to the Senator from Vermont,
(Mr EdmundS) was to prevent, if possible, that
Senator from changing the character OF the ques-
ton between the Senate and the President The
real character of that controversy could not be
misunderstood or misrepreSented. When the
Senator from Vermont was at the wheel he steered
by his own chart. He never run on straight
lines he never consulted the other sailors and he
lost his temper when there was any qeeStlon OF
skill of his seamanship, and when an 0fcer OF the
ship undertook to select crew to man 1t without
his advice and consent he instantly headed
mutiny. Mr.. Pugh reviewed the suspension OF
Mr.. DuskIn, as district attorney OF the southern
district of Alabama, and the designation by the
President OF John d. Burnett to succeed him.
The nomination of Burnett was sent to the Sen
ate on the 14th OF Dec, 1885, being referred to
the judiciary committee where it lay for over
month. In the mean time on the goth Of Dec,
Mi. Duskin's term expired, and he was no longer
1ft,or Nor nf No nff
The Senator here read the resolutions of the
Senate calling for the papers in the Duskin case.
The purpose of the Senate in asking for these pa
pers, was to enable that body to exercise the pow
er of revising the act of removal OF DuSkln by
the President. The resolutions did not ask Tor
official documents and papers, but Tor all docu-
ments and papers" including private documents
and priv ate papers relating exclusively to the OIL
cial act of the President in the suspension OF Dus-
kin. The inquiry proposed by the Senate was to
be made with the knowledge of the fact that more
than four weeks before the resolution was offered
to the Senate, the term of Mr.. Duskin had expired
and then what possible use could be made OF the
information sought In that case? The report OF
the majority declared that information was want
ed to enable the Senate to discharge the great du-
ty imposed upon it of making an inquiry as to the
propTiety of all official acts by the President the
power to do which was expressly conferred upon
him by law and to be exercised within his discre-
ton. Ii they had decided the removal was i'm
proper or unwise, what would have been the ef-
feet of that decision? Could it have restored Mr..
Duskin? Was he still suspended otf1cer await
ing the adjournment of the Senate to be restored
to the duties OF his office? The Senate was today
engaged in an inquiry about matter from which
there could be no possible practical result IL
was moot question merely, and the Senate was
turned into moot court 10 dlScuSS purely ab-
Mr. Pugh Justified the refusal Of the Attorney
General, five weeks after the expiration OF MIR.
Duskins term of office, in obedience to the eX-
press order of the President, to send in private
documents relating to his suspension, and said
that on the terms of governmental relation stated
by the Senator from Vermont himself, President
Cleveland could not, with self respect have held
the Attorney General in his Cabinet single mo
ment after obeying the resolution of the Senate.
Mr.. Pugh here read at length from the Presl-
dents message, among other things the statement
that there "had been no official papers or docu-
partment relating to the case within the period
stated in the resolution" This, said Mr.. Pugh.
fact within his personal knowledge, and can the
Senator from Vermont cOntroyert the truth OF tnat
statement having no Foundation Whatever tor
denial? The President had stated that the pa
perS were private and unofficial and related to
nothing ever which the Senate had jurisdiction.
The majority of the Judiciary committee ana lts
distinguished chairman the Senator from Yer
mont, said that although private and unofi1clal
they wonld enable the Senate to discharge duty
it had to perform. The power IT claimed was that
of revising the official act of the President III sus
pending George M. Duskin, as district attorney.
th"se lIs nryate unofcial papers. There was no
mistake that the resolution reported condemned
the official act of the Attorney General for the
reason that he had withheld, on the order OF the
President, information that he stated was private
and documents and papers that he
said were unofficial and private; first, because
they were private and unofficial, and secondly be-
cause they related to no duty that the eonstltu-
ton or law imposed upon the Senate rs there
anything" said MI. Pugh, sin the history OF the
government to support this clamp?
The distinguished Senator from Vermont has
presented long array OF what ne & ealls presce psa9
upon the fullest test that there have been no cases
in the history of the government for 80 years
where any such documents as those called for in
raenuti0n transmitted the SEN
ate in an executive OF public session on the order
of the Senate upon the attorney general or Presl-
dent. Mr. Pugh referred to letter read by Sen
ator EdmundS yesterday from Allen Z. Thurman,
as chairman of the judiciary committee, TO the
PRESIDENT asking for the reasons for the suspsnt pen
in the provision comforting the power OF suspen-
sion on the President there was an express ex-
eeption of judges of the United States. There was
an express stipulation that such judges could be
removed only by, and with the consent OF the Sen
ate and that was why Senator Thurman had sent
his letter as chairman of the judiciary committee,
asking for information concerning the reno cal
not suspension of such an officer. Mr. Pugh also
referred to Mr. Thurman's speeches, in which
that Senator had expressed the opinion that the
power of suspension and appointment was an eX-
elusive perogative of the President.
Mr. Pugh read from the speeches OF Mr.. Ed
munds during the debate on the tenure OF otice
bill to show that Mr. Edmunds then maintained
that the removal was a legislative act, and also
show that the views entertained by those public
men supported the view of Mr. Edmunds that re-
control of Congress. He then had Senator Walt
hall read for him from the speech OF Senator
Sprague in the Senate in the debate on the tenure
OF office BILL "a careful statement of the question
herein invoved,' Mr.. Pugh said, (which state
ment was known to have been written by Chief
Justice Chase, expressing on the contrary q con-
vicion that the only function OF the Senate In the
cases involved in the discussion was merely one
of assent or dissent and strongly controverting
the point that the function Of removal was egls-
latiVe one. He (Pugh) boldly challenged reply to
that paper. This view of Chief Justice Chase, he
said was supported by an opinion delivered by
Justice Miller in the case of Kilbourne against
Thompson. There was, he said, in that opinion
recognition of the proposition that when one CO.
ordinate department trusted with special powers
called on another coordinate branch for int0rma-
ton in relation to the exercise Of jurisdiction OF
powers belonging exclusively to that other de-
partment it the duty of the first to inform the
other of the use intended to be made OF the lnfor
nation so it might appear to the department hav-
transmit such Information in order to promote the
exercise of constitutional function of the govern
ment. That was precisely the question involved
in this case.
In conclusion Mr.. Pugh said his object had been
to define the character of this conficto of authority
between the President and the Senate and to
fortify the view that had always been taken by
the Democratic party and to fortify it by authori-
ties commencing in the First Congress and run
ming down to the latest period.
Mr. Wilson of louisiana was then recognized,
but upon the suggestion of Mr.. Allison, he con-
sented to permit the pending business to be tenn
porarily laid aside until tomorrow in order that
the Senate might proceed to consider the urgent