The language of this resolution is more adroit than ingenuous. While
appearing reasonable and fair upon its face, and presenting no
indication that it in any way related to a case of suspension, it
quickly assumes its real complexion when examined in the light of
its surroundings. The requests previously made on behalf of Senate
committees had ripened into a “demand” by the Senate itself. Herein is
found support for the suggestion I have made, that from the beginning
there might have been an intent on the part of the Senate to claim
that the heads of departments, who are members of the President’s
Cabinet and his trusted associates and advisers, owed greater obedience
to the Senate than to their executive chief in affairs which he
and they regarded as exclusively within executive functions. As to
the real meaning and purpose of the resolution, a glance at its
accompanying conditions and the incidents preceding it makes manifest
the insufficiency of its disguise. This resolution was adopted by the
Senate in executive session, where the entire senatorial business done
is the consideration of treaties and the confirmation of nominations
for office. At the time of its adoption Duskin had been suspended for
more than six months, his successor had for that length of time been
in actual possession of the office, and this successor’s nomination
was then before the Senate in executive session for confirmation.
The demand was for copies of documents and papers in relation to the
conduct of the office filed since January 1, 1885, thus covering a
period of incumbency almost equally divided between the suspended
officer and the person nominated to succeed him. The documents and
papers demanded could not have been of any possible use to the Senate
in executive session, except as they had a bearing either upon the
suspension of the one or the nomination of the other. But as we have
already seen, the Attorney-General had previously sent to a committee
of the Senate all the papers he had in his custody in any way relating
to the nomination and the fitness of the nominee, whether such papers
had reference to the conduct of the office or otherwise. Excluding,
therefore, such documents and papers embraced in the demand as related
to the pending nomination, and which had already been transmitted, it
was plain that there was nothing left with the Attorney-General that
could be included in the demand of the Senate in its executive session
except what had reference to the conduct of the previous incumbent
and his suspension. It is important to recall in this connection the
fact that this subtle demand of the Senate for papers relating “to the
conduct of the office” followed closely upon a failure to obtain “all
papers and information” touching said suspension, in response to a
plain and blunt request specifying precisely what was desired.
IV
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