The debate upon the questions presented by the report and resolutions
recommended by the majority of the committee, and by the minority
report and the presidential message, occupied almost exclusively the
sessions of the Senate for over two weeks. More than twenty-five
Senators participated, and the discussion covered such a wide range of
argument that all considerations relevant to the subject, and some not
clearly related to it, seem to have been presented. At the close of the
debate, the resolution condemning the Attorney-General for withholding
the papers and documents which the Senate had demanded was passed by
thirty-two votes in the affirmative and twenty-five in the negative;
the next resolution, declaring it to be the duty of the Senate to
refuse its advice and consent to proposed removals of officers when
papers and documents in reference to their alleged misconduct were
withheld, was adopted by a majority of only a single vote; and the
proclamation contained in the third resolution, setting forth the
obligations of the Government and its people to the veterans of the
civil war, was unanimously approved, except for one dissenting voice.
The controversy thus closed arose from the professed anxiety of the
majority in the Senate to guard the interests of an official who was
suspended from office in July, 1885, and who was still claimed to be in
a condition of suspension. In point of fact, however, that official’s
term of office expired by limitation on the 20th of December,
1885--before the demand for papers and documents relating to his
conduct in office was made, before the resolutions and reports of the
Committee on the Judiciary were presented, and before the commencement
of the long discussion in defense of the right of a suspended
incumbent. This situation escaped notice in Executive quarters, because
the appointee to succeed the suspended officer having been actually
installed and in the discharge of the duties of the position for more
than six months, and his nomination having been sent to the Senate
very soon after the beginning of its session, the situation or duration
of the former incumbent’s term was not kept in mind. The expiration of
his term was, however, distinctly alleged in the Senate on the second
day of the discussion, and by the first speaker in opposition to the
majority report. The question of suspension or removal was therefore
eliminated from the case and the discussion as related to the person
suspended continued as a sort of post-mortem proceeding. Shortly
after the resolutions of the committee were passed, the same person
who superseded the suspended and defunct officer was again nominated
to succeed him by reason of the expiration of his term; and this
nomination was confirmed.
At last, after stormy weather, Duskin, the suspended, and Burnett, his
successor, were at rest. The earnest contention that beat about their
names ceased, and no shout of triumph disturbed the supervening quiet.
V
Public-domain text, read in full here on John Shaqi.
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