The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-08

Inc JriOune Is vCnturesOme enough to attempL
an argumentative defense of this revolutionary
attempt to depose the President from the func.
tons, while leaving him the empty title, Of his
Office. That journal makes a curious and char
actersuc exhibition OF its pr0neness TO make
tumble OF clearly marked distinctions. We do
not expect to cure II OF its chronic confusion OF
thought; but its want of discrimination affords
us an occasion to place In clear light a subject
which has become important. The Tribune
quotes Inadvertently nisquotes) part OF the
section OF the second article which relates to an
poinments to office, and makes this comment :
Here 1t is seen that the GdUice as we'll as con.
sent OF the Senate is made essential. Say what
we may OF its wisdom or fitness, this IS the para
mount law of the land.n
by the emphasis the Tribune lays on the word
adYlce," we suppose II means to coutend that
TIE Senate has a right to be consulted on ap-
pointments before they are make. Advice rom
very meaning of the word, precedes the
the action to which it relates. But if the
tribune locates the "advce" which the Senate
is entitled to give previous to the appoin ment,
VIII it tell us where, i'll point of time, t would
place the "consentr II they are both one act
and rendered at one time, what does the Tribune
mean by the sharp line of discrimination 1t
draws between them? Advice must be given
before the act, or it is not advice: consent DlaU
be given ter it; but if, as the Tribune seems to
contend, both advice and consent are essential
to the validity of every appointment, will II
point out in what measure the Senate has ever
acted or ever can act, so as to meet both parts
OF the constitutional requirement, and Justify
the emphasis with which the cnClc dscrimina ns
one from the other? The question when the
Irtbune's d dscrlminadon thus contuses we will
disentangle and cluCI1ate. We must first cite
these constitutional provisions:-
, THE President shall nominate and by and with
the advice and consenC of the Senate shall appoint
emDas 81 dors other public ministers, and consus,
Judges of the supreme Court, and al other officers
OF the United States whose appointments are not
herein othelwis provided for and whicn shall be
established BY law w'-Ar'. II, Sec 2
'He shall take care that the la We be faithful " exc
cut d a, shall commission all the officers OF the
United States. s."-Art. H.Sec 3.
1t will he seen that in appointments 10 office
under the Government, the Constitution marks
three distinct steps or stages, VIII
l. Ihe n0hotRdttOn, which is vested solely in
the President.
2. The appointment. which also belongs to the
President, but requires the concHrrence OF the
Senate.
3. The commission, which s the Presidents
sole act.
The initial and the final step in every appoint
ment being thus gwen to the President, the Con-
stitulion guards hun completely against the
necessity OF tOeTating IN office any person he
docs not approve. 1t we inquire at what stage
o. this triple process an appointment becomes
complete, We shall easily test the proprlety of
u e word advice" as applied to the partcipa-
ton OF the Senate. IL is too obvious for remark
that the nomination docs not complete the ap-
polnlment. Does the action OF the Senate !?
Unless the word "advlce" 1--WE thank the ri
dl7le) is unmeaning, or means something wholly
inconsistent with usage the appointment still
remains to be made by the PRESIDENT after the
senate have acteu on the nomination. If they
advise the appointment the President has then
power to make It, land to commission the officer
Inc action OF the Senate being in the nature OF
ADVICE necessarily precedes The appointment
which the Precedent is then free to make or not
as he Choo. es.
When vacancies occur in the recess of the
Senate, the Constitution provides for filing
Ihem by dispensing with the first two of the
lnree ORDINARY steps, and authorizing the Pres
deht TO grant temporary commissions. 1t is
accordingly, evident that the only way the
Senate can cOnSttutiOndiLy have q voice in every
appointment made during the whole twelve
months, Is to remain in perpetual session.
But whatever may be the degree OF particpa-
ton TO which the Senate may be entitled
nothing could be more evidently absurd than
the pretension of Congress consisting of the
two Houses) to hold the appointing power OF
the President IN check, as Is proposed by the
bill now pending. So far as the President does
not possess the whole appointing power, he
shares 1t with the Senate, whose power of say
ing that they consider A. B. or c. d. unfit for
this or that office, is We different thing from
a cheCk on the appolntlng pu" er of the Presi.
dent by the joint action Of both branches of
Congress.
Whatever restraint there may be on the choice
OF the PRESIDENT 1t is LODGED solely in the Senate.
The present scheme Tor usurping the executive
power by Congress, is one OF the most revolu-
tionarv and dangerous things ever attemOted.
1t has its birth, as the Tribune itself contcsses,
in party fears lest the President should remove
the radicals who oppose his policy But if all
the Presidents subordnates may DEFY him, and
act as they please, then they, not he possess the
executive power, though the Constrtutlon be.
slows 1t all on him. He might as well be out of
once as TO have no control over his subordi-
mates, since ne would be no more powerless ia
the one case than III the other.