I have referred to these matters because it seems to me they indicate
the animus and intent which characterized the first stages of a
discussion that involved the rights and functions of the Executive
branch of the Government. It was perfectly apparent that the issue
was between the President and the Senate, and that the question
constituting that issue was whether or not the Executive was invested
with the right and power to suspend officials without the interference
of the Senate or any accountability to that body for the reasons of
his action. It was also manifest if it was desired to deal with this
issue directly and fairly, disembarrassed by any finesse for position,
it could at any time have been easily done, if only one of the many
requests for reasons for suspensions, which were sent by committees of
the Senate to heads of departments, had been sent by the Senate itself
to the President.
Within three days after the passage by the Senate, in executive
session, of the resolution directing the Attorney-General to
transmit to that body the documents and papers on file relating
to the management and conduct of the office from which Mr. Duskin
had been removed, and to which Mr. Burnett had been nominated, the
Attorney-General replied thereto as follows:
In response to the said resolution, the President of the
United States directs me to say that the papers that were in
this department relating to the fitness of John D. Burnett,
recently nominated to said office, having already been sent
to the Senate Committee on the Judiciary, and the papers and
documents which are mentioned in the said resolution, and still
remaining in the custody of this department, having exclusive
reference to the suspension by the President of George M.
Duskin, the late incumbent of the office of District Attorney
for the Southern District of Alabama, it is not considered that
the public interests will be promoted by a compliance with said
resolution and the transmission of the papers and documents
therein mentioned to the Senate in executive session.
Public-domain text, read in full here on John Shaqi.
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