The Bad Lands cow boy. [volume] (Little Missouri, Dakota [i.e. N.D.]) 1884-1886, 1886-02-25
sSEN ATE AND PRESIDENT.
Report of Mr.. Ednunds Presented In
tSths$ Senate with Resolutions Mainte.
nance of the Right Of senatorsito =
+ Papers Regarding Suspensions i
y from Oftice.s.i a. ~

WASHINGTON, Feb. Ex-senator Edmunds
to-day reported the following resolutions
from the senate committee on the judiciary.
accompanied by long report:
b Resolved, That the foregoing report Of the
committee on the judiciary BIO agreed to and
hs r. senate hereby ss4nsS
general under whatever influence, TO sena ,to
the senate copies OF papers called for by iEs
resolution Of the 25th of January, and set iortn
in tho reports of the committee on the Judiciary,
us Ia violation Of his official duty and subvers
sive Of the fundamental principles OF the COY
eminent, and OF q good administrator mercy.
: Resolved, That 1t 49, under the circumstances,
the duty Of the senate to refuse Its advice ana
consent to proposed removals Of officers. the
documents and papers N reference 70 tne SUP,
posed official or personal misconduct OF whom
are withheld by the executive, or any head OF |
departments, when deemed necessary by tne sen
ate called for In oonsid ering the matter.
of the Revised Statutes, declaring that persons
honorably discharged from the military or naval
service by reason Of disability resulting from
shall bejpreferred for appointment to civil Of
flces,provided they are found to possess the bus
mess capacity necessary for the proper dis.
faithfully and fully put In executions; and that
to remove, or to- propose to remove, any such
soldier, whose faithfulness. competency and
character are above reproach, and to give place
to another who has not rendered such service. Is
q violation Of the spirit Of the law and Of The
practical gratitude the people of the United
States and government owe to the defenders OF
the constitutional liberty and the integrity Of
the government. t$ Is ~ *
All Of which is respectfully submitted.
s7.t5 s.e 3. r MCMILLAN.
49, "a ~ Gs GEORGE r.. HoAR 54-t
lyyE.s$1st,+5.s 3ae Agfis.t- JAMES F. WILSON, M
IS ~ ~ i. 4 WILLIAM M. EyARTS.
Tho report recitea the fact and ciroum-
stances Of the removal Of Dustin and the
appointment Of his successor, as United States
attorney for the Southern district Of Ala
bama. It declares: go :.
It has been the uniform practice of the jus
dietary committee since the passage Of the
tenure-of- Office act, to call upon the heads of de-
partments for all papers and information" In
the possession Of the department touching the
conduct and administration OF the officer pro-
posed to be removed, and the character and con-
duct Of the person proposed to be appointed
This has been done with the unanimous ap-;s
prevail of all the members. Although the. COM
position Of the committee has been. during the
period, sometimes of one political character and
sometimes OF another, in no instance until this
denial In respect to furnishing such papers and
Information, with q single exception, and in
which exception the delay and suggested denial
lasted only for two or three days E5 =
THE JURISDICTION OF CONGRESS-.
The jurisdiction Of ithe'two houses OF congress
tolegislate, and tho power to advise or withhold
VI
necessarily involves tho jurisdiction to Officially
know every step and action of the officers OF the
law. and all the facts touching their conduct in
possession OF the president himself There was
no need to express such q power. for 1t was
necessarily an inherent incident to the exercise
In this instance the call for papers covered
period for more than six months, during which
the regular incumbent Of the Office had been dis
charging its duties, and also the further period
of more than six months during which the per-
son designated to discharge these duties on the
suspension Of the officer had been acting. and
e
that the president has not under taken to re-
move the incumbent Of tho office, but has only.
in expressed and stated pursuance Of the stat
utes on the subject, suspended that officer, and
that the same statutes expressly provide that
such officer shall not be removed without the
Il that advice and consent be not given
the Incumbent would tunless his reg
ma o Close shg1s have
Of the senate be restored to the lawful right to
exercise its duties. The senate then by this
nomination ts asked to advise and consent to the.
removal Of the incumbent, and to the appoint
ment Of the candidate proposed for his place. In
exercising its duty In respect Of these questions.
the incumbent Is i matter absolutely essential,
to be known In the senate, in order that 1t may
determine whether 1t can rightly advise his re-
ens e h 5gh aoa eaX s aS % n
well as whether the candidate proposed has In
the exercise q. the office under bis designation
30 conducted himself as to show that he Is com.
petent and faithful. Indeed, A. may b stated
with entire accuracy that even in the case OF q
vacancy In an Office and the prsposed filing Of
y 5gT the
management i Of the office, the state 81 Of
Its affairs, whether there have been cases Of mis-
ing upon the administration, in order that It
may Judge Of the suitableness of appointing
erence Is tie ANTIQUITIES that may exist il i its
afairs, the state Of accounts and everything con-
corning its administration, SO as to measure
the fitness and competency Of the particular can.
didRte to meet the emergencies nf the case
A LEADING. QUESTION
a table Is presented showing large mum.
Der Of persons appointed in the place Of
officers suspended, and the query is made:
Have these suspended officials any Or consider
able number OF them been guilty Of misconduct
unworthy to BE longer trusted With Tie per.
Torrance OF duties imposed by law? II they
have IL would seem to be clear that every con-
would require that the facts should be made
known in order that the senate may under
stundingly and promptly advice, their removal,
had in the respect Of selecting ther a.
well us In the respect Of providing better means
and safes nards t,y legislation for administering
a.
ttoD, IL would seem, the executive Is deterIninea
the senate Shall not possess, for the alleged
reason that t,might enable the senate.to UNDER
stand what circumstances connected with the
faithful execution Of laws induced che presidenI
to exsTctse tho discretion the statute confers
npGn hint + suspend them and senate
The report quotes The passage On tie ciylI
Eselyice conta ined In the .presid ent's annual.
message. and says: -
This highly important and valuable 6ff1cts,
communication, In the presence OF 64SBusren.
s!ons from office, would seem to lead to the COM
sinston That this number OF the civil officers Of
removed had been so dirclect In tho performances
Of their functions Or guilty Of such peraonaI niis-
eonanSI as t. put them 10 the category Of
tho president and tho senate, and Tho condemna.i
ton OF their conntrymeu. In such q state Of
We tsit &. .ass ths common sense of
IVA behave by tbs people Of the United Statea.
would require that in some way this large body
substance Of sheir alleged misdotnsa In order der
that they may either admit their guilt or DENY
u, explain their conduct or show that the accu..
lrfetsxts and Sc. up for the mere purprse 81 oh
tainins their suspension and ultimate dismissal
from otncs. n order that others less capable and
/ emo,nnenLs Of their places. It IA known LIZ ~
every senator that 10 far as the senate has Ind.
\ e dos both with removals and appointments. Il
y EAeas Iumper oIyfara been It's prpc-
\ tlce Wnen an ofhcer or person waabefore It for
removal or uppointment AGAINST whom any
serious accusation hAs been made which would.
= true influence the action Of tho senate in the
case, 70 cause tho PERSON concerned to be ia.
formed OF the substance OF the Complaint
aEainst HIM and give him opportunity TO defend
nimseif; and II 10 also known thAt,at. this very
\ session considerable number Of instances Of
that Kind lave occurred and nxe daily occurine.
t5s
81 The sharp sayings OF Gen. w. 7.
/ Sherman, if collected i'll book form
would make q large volume: Some;
/ fir,na Il i,r;,,oI IL i :, 4 / !,