"
The incumbent of this office on the 1st day of January, 1885, and until
the 17th day of July ensuing, was George M. Duskin, who on the day last
mentioned was suspended by an Executive order, and John D. Burnett
designated to perform the duties of said office. At the time of the
passage of the resolution above referred to the nomination of Burnett
for said office was pending before the Senate, and all the papers
relating to said nomination were before that body for its inspection and
information.
In reply to this resolution the Attorney-General, after referring to the
fact that the papers relating to the nomination of Burnett had already
been sent to the Senate, stated that he was directed by the President to
say that--
The papers and documents which are mentioned in 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.
Upon this resolution and the answer thereto the issue is thus stated by
the Committee on the Judiciary at the outset of the report:
The important question, then, is whether it is within the constitutional
competence of either House of Congress to have access to the official
papers and documents in the various public offices of the United States
created by laws enacted by themselves.
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