On the 17th of July, 1885, during the recess of the Senate, one George
M. Duskin was suspended from the office of District Attorney for the
Southern District of Alabama, and John D. Burnett was designated as
his successor. The latter at once took possession of the office, and
entered upon the discharge of its duties; and on the 14th of December,
1885, the Senate having in the meantime convened in regular session,
the nomination of Burnett was sent to that body for confirmation.
This nomination, pursuant to the rules and customs of the Senate, was
referred to its Committee on the Judiciary. On the 26th of December,
that committee then having the nomination under consideration, one of
its members addressed a communication to the Attorney-General of the
United States, requesting him, “on behalf of the Committee on the
Judiciary of the Senate and by its direction,” to send to such member
of the committee all papers and information in the possession of the
Department of Justice touching the nomination of Burnett, “also all
papers and information touching the suspension and proposed removal
from office of George M. Duskin.” On the 11th of January, 1886, the
Attorney-General responded to this request in these terms:
The Attorney-General states that he sends herewith all papers,
etc., touching the nomination referred to; and in reference to
the papers touching the suspension of Duskin from office, he
has as yet received no direction from the President in relation
to their transmission.
At this point it seems to have been decided for the first time that
the Senate itself should enter upon the scene as interrogator. It
was not determined, however, to invite the President to answer this
new interrogator, either for the protection and defense of his high
office or in self-vindication. It appears to have been also decided at
this time to give another form to the effort the Senate itself was to
undertake to secure the “papers and information” which its Committee
had been unable to secure. In pursuance of this plan the following
resolution was adopted by the Senate in executive session on the 25th
of January, 1886:
Resolved, That the Attorney-General of the United States be,
and he hereby is, directed to transmit to the Senate copies of
all documents and papers that have been filed in the Department
of Justice since the 1st day of January, a.d. 1885, in relation
to the conduct of the office of District Attorney of the United
States for the Southern District of Alabama.
Public-domain text, read in full here on John Shaqi.
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