Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1886-03-12
Mr.. EDMUNDS SPEAKS.
VERMONT RAISES HER VOICE ON
PRESIDENTIAL PREROGATWES.
Edmunds strongly Condemns Cleveland's
Refusal To Furnish the Reasons for
RcmoVHs-A speech Able, Log
teal and UnnnswerabIe.

w ARLINGTON, MHtCh D-1hG reSOlu
fions reported by Senator Edmunds from
the judiciary committee were taken up in
the Senate this Afternoon. The resulu
tons, among other things, condemn the
attoraeY general for refusing to transmit
to the senate the papers called for by the
Senate and declare the refusal to be VIC
lation bH the Encouragement of his Of
fetal duty AMI subversve of the funda-
mental principles Of the government and
good administration. The resolutions also
condemn the discharge from the govern
ment service of eX-lniou soldiers As the
resolutions were read by the chief clerk
the most absolute silence prevailed on the
floor and in the galleries, the latter being
crowded to discontinue At the conclu-
sion of the reading Senator Edmunds
took the floor He began his remarks in a
rather low Tone but his voice soon ac-
quired its full. clear ringing volume. He
said The calm and orderly adminstra-
ton OF Il constitutional government is a
subject in which the Senate and the House
of representatives and the president and
people are equally interested, and for
which they are all in their respective sta
tions and places equally responsible
orderly constitutional exercise of the
functions of the government that
now address myself to these reso-
Iutions 1t has been at least 40 years since
any occasion Of this kind has arisen be.
tween the executive department of the
government and the Senate Instances in
which there has been evinced the slightest
reluctance on the part of either of the eX
ecutlve or heads of departments TO re
spond to the calls of either House of Con
gress or OF committees, for papers in the
possession Of the executive or of the de-
partments have been very few indeed
Either House of Congress on its request
or demand as the case might be and the
committees of either House could, with.
out direct and positive authority to send
Tor persons and papers, always obtain
from the departments on their mere re
quest verything they found necessary for
the proper discharge of their duties
NOW, again after almost half a century
the Senate finds itself confronted by the
refusal of the head of he department of
justice to transmit copies of official papers
ana documents relating not to persons
put TO things relating, not to officers but
10 OFFICES, on lille in the Department. in or
der that the Senate might perfectly under |
stand how the question STOOD He then
caused to be read the statutes relating to
tenure OF office and recess suspensions
(section5 11iG and l16s) and Senator Ed |
munds himself read portions of the stat. |
utes creating the department of Justice. !
prescribing the functions and duties of its
head and providing for the appointment
of subordinates by the ATTORNEY. general.
which subOrdlnates are responsible to I he |
attorney general. Under the provisions. !
he considered the attOrney-general has
made regulations for the control and
guidance of bis suborlinates.
MI. fdnunds then reviewed the APP
polntment of Mr.. Duskn as attorney for |
SIlhSpnnant ion Il
ing the recess of Congress, and the ap- |
polntmcnt of John ID. Burnett as his sue |
cessor, such suspension of Duskin being |
caused while ne was so far as the Senate
knew, faithfully performing his duties.
Inc Seildfe met on the first Monday of |
december aud on the 14th of that month |
the president sent in the nomination of |
Burnett. Mr.. Edmunds then caused to |
be read the letters of suspension and mes
sage ana nomination as we'll as the reso- |
the case and for the attorney generals re
ply; Inc question, then, Mr.. Edmuuds |
sad, was what was the nature of the |
nomination sent by the president to the |
senate: Ihe president had not undertakes |
in the face of the statutes forbddipp il to |
remove .Duskn from office, but had sus,
pended him: Duskin.stil remained attor-
ney OF tue United states for Alabama. He |
stood IN tne attitude of a military officer |
under arrest. The act of the president
therefore was not an attempt to remove |
Duskm but to withhold him from the right
to perform functions Of his office till the |
judgment OF the Senate could be taken in |
respect OF his removal and the appoint |
ment of his successor. The president took |
pains as he should in his order of suspen-
SION and IN his order of designation to
state that both were subject to all laws |
Applicable thereto" and sections of the |
revised statutes forming part of the law
OF 1867 and 1869 declared in explicit terms
that this man should not be removed eX-
cept by advice and consent of the Sen
ate.
When the nomination of Burnett came
10 the senate therefore, Duskin was attor-
ney of the United State for Alabama and
the proposition was that he should be re
moved by the appointment of a gentle
man selected rs MS successor, if il Should
meet the approval of the Senate Therefore
the senate, if it were jury, and had to
submit TO the judgment of the president
tS Jury As 10 what evidence should be
lalu before II, connected with the case and
lts relevancy, 1t would have been relevant
ton the very issues submitted by "A Judge to
jury to know what was the conduct and
management of that Office in the hands of
Lhe persons whom the president asked the
senate 10 assist him in dsplacing by
new appointment
Mr.. Edmunds then had the clerk read
the opinions of Attorney Generals Acker-
man ana DeVens rendered in similar cases
to that under discussion, in which both
hold that the word Suspension" when
applied to the Office, never sgnified final
removal OF the officer. Ii would be seen
then, Mr.. Edmunds continued, that in
spite of sundry misleading discussions in
the public press, and in spite of the sundly
inaccurate things stated in the message Of
the president of the United States to this
BODY, and III spite of sundry inaccurate
views OF the minority of the committee on
liV = haS ,,la
the statute books, by action of all admin
lstrations that had existed after the law
was passed, and by the action of the presi-
ueht himself in obedience to it, he has in
Vlted the Senate to agree with him in re-
moving Duskin from Office by the appoint
ment and commissioning of his successor.
Ihat being so, the relevance of the papers
called Tor must be matter for the Senate
and nobody else to decide.
The statute read to the Senate made the
encouragement and not the president the
CUSTODIAN OF those papers, and that he
should preserve them In 81 10