The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-02-19
THE. WAR BEGUN
By the Senators on the Ad-
ministratiOn.
WHAT WILL THE HARVEST BE E?
Il
The Resolutions Reported by Ed
muuds from the enate Jul
dietary Committee.
The Cos test Opened.

The Costest Opened.
WASHINGTON, February Is. - Ed
munds, to-day. reported the following
resolutions from the Senate committee
on judiciary.
Resolved, That the Senate hereby ex-
presses its condemnation of the refusal
of the Attorney-Generai,u under what
ever influence, to send TO the Senate
copies of the papers called for by its
resolution of the 25th of January, and
set forth in the reports OF the COM
mjttee on judiciary, as in violation of
his official duties, and subversive of the
fundamental principles of government,
and of the good administration thereof.
ReSOlred, That it IS under those cir
cumstances the duty of the Senate to
refuse its alv C, and consent TO
the proposed removals of officers,
the documents and papers in refer
ence to supposed official or
personal misconduct of whom are
withheld by the Executive or any head
of the. Department when deemed ne
ceSsary by the Senate, and called for in
considering the matter
ReS0tUsd, That the provision OF Sec
ton 1854. of,the Revised Statutes declal-
ing: "Thtt persons honorably dis
charged from the military or naval ser
vice by reason of disability resulting
from the wounds or sickness incurred
in the line of duty,shall be preferred for
appointment to civil offices provided
that they are found to possess the bus
mess capacity necessary for the proper
discharge of the duties of such office, ="
ought to be faithfully and fully putin
execution and that to remove or to pro-
pose to remove any such soldier.
whose faithfulness, competency and
character are above reproach, and to
give the place to another who has not
rendered such service, is a violation of
the spirit of the law, and of the practi
cal gratitude the people and govern
ment of the United States owe to the
defenders of constitutional liberty and
the integrity of government. All of
which is respectfully submitted.
(Signed,) GEORGE F. EDMUHDs,
JOHN ]. INGALLS,,
S. J. R. Nc MILLAN,
GEORGE +. HoAR,
JAMES T. Wilson,
WILLIAM NJ. EvARTs.
The report recites the facts and cir
cumstances of the removal of Dustin,
and the appointment of his successor
as United States Attorney for the South
ern district of Alabama. 1t declares that
it has been the uniform practice of the
judiciary committee since the tenure of
office act, to call upon the heads of
departments for ali papers and informa-
ton in possession of the department
touching the conduct of and administra-
ton of the officer proposed to be
removed, and the character and
conduct of the person proposed
to be appointed. This has been done
with the unanimous approval of all
members, although the composition of
the committee has been during the
period sometimes of one political char
acter sand.. sometimes of another. In
no instance until this time has the COM
mittee met with any delays or denials in
furnishing such papers and information
with single exception, and in which
exception the delay and suggested denial
lasted only for two or three days. Pre-
cedents are cited and discussed at great
length. One of the appendices is list,
showing the number. sof officials of vari-
ioHs ranks, who were suspended or re-
moved by the present session of Con-
gress.
state. after a somewhat careful re-
search, that within the FOREGOING limits
| there is scarcely, until now, any in
stance of a refusal by the head of the
| department, or even the President him
self, to communicate official facts and
information as distinguished from
private and unofficial papers, motives
views, reasons and opinions to either
house of Congress when Internationally
demanded; indeed early journals of the
Senate show great numbers OF instances
of directions to the heads of depart
ment, as of course, to furnish papers
and reports upon all sorts of affairs,
both legislative and executive. In
stances of requests to the President and
commands to the heads of departments
by each house of Congress from the
early days until now for papers and in
Jrmation on every conceivable subject
of public affairs are almost innumer-
able, for it appears to have been
thought by all the Presidents
who have carried on the govern
ment now for almost a century
that even in respect of requests to them
by an independent ~aad coordinate
branch of the government, they were
under a constitutional duty, and an OBJ
! legation, TO furnish to either house the
papers called for. unless, as has hap
pened in very rare instances, when the
request was coupled with an appeal tn
the discretion of the President in respect
to the danger of publicity to send the
papers, if in his judgment it should moi
be incompatible with public welfare
The presidents to establish this propo'
sitioE, many OF which have been made
public, are cited and discussed at great
length, and the report continues as fol
lows: The committee feels safe in
stating, from the researches it has
made, that the course of the gov.
eminent has been constant and
continuous and unchanged from
the beginning until now, and that in it:
belief no instances within the princi-
PIES and limitations before stated have
occurred in which cases for official
papers and files addressed either to the
President in the form of requests or tc
the heads of departments in the form O.
commands, have not been compiled
with; but it has sometimes happened
Uharp a rpouaSf m the President wa