CONGRESS. (SUSPENSIONS FEOM OFFICE.) 



241 



States would require that in some way this large body 

 of men should have an opportunity to know the sub- 

 stance of their alleged misdoings in order that they 

 may either admit their guilt, or, denying it, explain 

 their conduct, or show that the accusations against 

 them were selfish and wicked pretexts, and set up for 

 the mere purpose of obtaining their suspension and 

 ultimate dismissal from office in order that others less 

 capable and worthy might at once receive the honors 

 and emoluments of their places. It is known to e very- 

 Senator that, so far as the Senate has had to do both 

 with removals and appointments, it has for a great 

 number of years been its practice, when any officer or 

 person was before it for removal or appointment, 

 against whom any serious accusation has been made 

 which would, if true, influence the action of the Sen- 

 ate in the case, to cause the person concerned to be 

 informed of the substance 01 the complaint against 

 him, and give him an opportunity to defend himself; 

 and it is also known that at this very session a very 

 considerable number of instances of that kind have 

 occurred and are daily occurring. If the Senate is 

 proceeding upon a false principle in such instances, it 

 is high time that its course in these respects should 

 be reversed, and that hereafter it should act upon 

 such accusations without any knowledge other than 

 that derived from the accusers, and leave the victims 

 of such injustice to console themselves with the reflec- 

 tion that all parties are now engaged in an effort to 

 reform the Government. 



Why should the facts, as they may appear from the 

 papers on file, be suppressed ? Is it because that, be- 

 ing brought to light, it would appear that malice and 

 misrepresentation and perjury are somewhat abun- 

 dant, or merely that faithful and competent and hon- 

 orable officers have been suspended and are proposed 

 to be removed, under the advice and consent of the 

 Senate, in order that places may be found for party 

 men because they are party men or are the special ob- 

 jects of party favor ? 



How does it happen in this time of suggested re- 

 form and purer methods in government that for the 

 first time it is thought important that the historic and 

 administrative facts relating to the official and per- 

 sonal con duct of officers of the United States should 

 be withheld, and that the administration of the Gov- 

 ernment should proceed with a secrecy and mystery 

 as great as in the days of the Star Chamber ? 



The high respect and consideration that the Senate 

 must always have for the executive office would make 

 it reluctant to adopt either theory. But at present 

 the impenetrable veil remains, ana as the committee 

 is unable to suggest any other solution of the riddle, 

 it must leave it until this veil is lifted and the opera- 

 tions of the Government shall again be known. 



The report closed with the submission of 

 the following resolutions : 



Resolved, That the foregoing report of the Com- 

 mittee on the Judiciary be agreed to and adopted. 



Resolved, That the Senate'hereby expresses its con- 

 demnation of the refusal of the Attorney-General, 

 under whatever influence, to send to the Senate copies 

 of papers called for by its resolution of the 25th of 

 January and set forth in the report of the Committee 

 on the Judiciary as in violation of his official duty 

 and subversive of the fundamental principles of the 

 Government and of a good administration thereof. 



Resolved, That it is, under these circumstances, 

 the duty of the Senate to refuse its advice and consent 

 to proposed removals of officers the documents and 

 papers in reference to the supposed official or personal 

 misconduct of whom are withheld by the Eexecutive or 

 any head of a department when deemed necessary by 

 the Senate and called for in considering the matter. 



Resolved, That the provision of section 1754 of the 

 Revised Statutes declaring that persons honorably 

 discharged from the military or naval service by rea- 

 son of disability resulting from wounds or sickness 

 incurred in the line of duty shall be preferred for 

 VOL. xxvi. 16 A . 



appointments to civil offices, provided they are found 

 to possess the business capacity necessary for the 

 proper discharge of the duties of such office, ought to 

 be faithfully and fully put in execution, 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 a violation of the spirit of 

 the law and of the practical gratitude the people and 

 Government of the United States owe to the defend- 

 ers of constitutional liberty and the integrity of the 

 Government. 



Feb. 23, Mr. Morgan, of Alabama, submit- 

 ted the following resolutions touching the re- 

 port of the Committee on the Judiciary : 



Whereas, A majority of the Committee on the Ju- 

 diciary have originated and reported to the Senate 

 and recommend the adoption of the following reso- 

 lution : 



" Resolved, That the Senate hereby expresses its 

 condemnation of the refusal of the Attorney- Gen- 

 eral, under whatever influence, to send to the Senate 

 copies of papers called for by its resolution of the 25th 

 of January and set forth in the report of the Commit- 

 tee on the Judiciary as in violation of his official duty 

 and subversive of the fundamental principles of the 

 Government and of a good administration thereof" ; 

 and 



Whereas, The Senate, if said resolution is adopt- 

 ed as being true upon the facts and as matter of law, 

 will thereby announce the preiudgmcnt of a majority 

 of this body, without any trial according to law, that 

 the Attorney-General of the United States is guilty of 

 and condemned for having willfully committed an of- 

 fense in the conduct of his office which is in violation 

 of his official duty and is subversive of the funda- 

 mental principles of the Government of the United 

 States ; and 



Whereas, The Attorney-General, if he has in fact 

 willfully committed any offense that is in violation 

 of his official duty and is subversive of the funda- 

 mental principles of the Government of the United 

 States, is only amenable to the condemnation of the 

 Senate when the Senate is sitting, with the Chief- Jus- 

 tice of the United States, as a court of impeachment 

 to hear and decide upon articles of impeachment pre- 

 sented by the House of Representatives ; and 



Whereas, It is alleged that the Senate has no right- 

 ful authority to cause the Attorney- General of "the 

 United States to be arrested, tried, and punished for 

 a contempt of its authority and dignity, if the Senate 

 shall declare that such contempt has been committed 

 by him upon the facts stated and the averments made 

 in said resolution and in the report which accompa- 

 nies the same : and 



Whereas, The Senate would be exposed to just cen- 

 sure if they, in the manner recommended by the Com- 

 mittee on the Judiciary, proceed to announce their 

 judgment of condemnation against the Attorney-Gen- 

 eral of the United States upon an accusation that in- 

 cludes an offense which is punishable by impeach- 

 ment ; and 



Whereas ^ The Senate would also be exposed to just 

 censure if it should attempt to declare the Attorney- 

 General to be in contempt of its authority, and to pass 

 judgment of condemnation against him for such con- 

 tempt without having him notified of the charge and 

 arraigned to answer the same at the bar of the Sen- 

 ate: 



Resolved. That the Committee on Privileges and 

 Elections be instructed to inquire into and report 

 upon the question whether the offense alleged against 

 the Attorney-General of the United States in said 

 resolution is of the class of offenses for which the 

 head of a department may be impeached and re- 

 moved from office, and whether the Senate can take 

 jurisdiction of said alleged offense in the manner pro- 

 vided for in said resolution, and can proceed to con- 

 vict and condemn the Attorney- General in advance 



