The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-12
Auditor of the Canal Department-Let
the Law Have Its Course.

II seems TO us that the matter OF Auditor
of the Canal Department should be deter
mined upon permanent principles of law
md, having reference to these we are un-
nble TO perceive any path of duty open go
the Governor but to promptly make an
other nomination.
The present incumbent Of the ofllce. Mr.
GEORGE w. SCHUYLER, is very highly
spoken Of, and we know Of nothing against
him which would prevent MS from voting
Tor his confirmation. But il SO happens
that the question Of his nomination does
not rest with Ia.
1t is very likely that IL the people were
10 choose an Auditor, ut the present time
Rmliorlty Of the voters might be found III
FAVOR of Mr. SCHUYLER; but the Office Of
Auditor Of the Canal Department Is not
elective; so that practically it matters not
whom a majority Of the people are IN
favor Of.
The law provides that Every officer,
the mode of whose appointment is not pre-
Bcibed by the Constitution, or is not or
snail not be prescribed by law, shall be
nominated by the Governor and appo int
ed 10y him with the consent of the Senate"
The mode of appointment Of Auditor of
The Canal Department is not prescribed
by the Constitution, nor by law, except
by this general provision which we have
quoted, and by the express terms of
which the consent of the Senate appears
10 he rs clearly essential 10 create valid
title To the Office rs the appointment by
tho Governor.
In legal view the grounds of the oppo-
siuon of majority of the senators TO the
confirmation of Mr.. SCHUYLER are imma-
tcral. Tue exercise of this power of con-
1rmation il iutrusted wholly to them,
mud they are not obliged to assign any
reasons whatever tor the votes which
they cast. If, by a majority vote. the con-
sent Of the Senate Is expressed to the APP
poutnent of Mr. SCHUYLER, his right to
the Office is made perfect, and the execu-
ton of the fOrmalities required by law
then renders his title complete. But while
the Legislature is in session, the nomina-
ton by the Governor c0nfers only an in-
choate right.
The Senate having rejected Mr.. SCHUY-
LER, the duty of the Governor. rs We re-
gard it, is perfectly plain: he should nom
lnate some other man. 1t would be libel
upon the grand old State of New York to
Say there is but one man within the vast
limits of her well-peoped territory COM
petent to make good aud faithful Audi
tor OF the Canal Department. There are
cores-hundreds-thou of such Let
The Governor continue 10 send in name
after name Of such good aud true men,
until the Senate confirms some one of
them.
1t might, very likely, have been wiser in
the senators who opposed Mr.. SCHUYLER
o. have voted for his confirmation. We
recall wildly to mind conversation
held with Mr.. SEWARD at Washington on
this subject Of confirming nominations. 1t
was twenty years ago; and ut that time
Mr.. SEWARD, while United States Senator,
had generally been in opposition To the
national Administration; but he said that
he had made 1t IA rule, unless there were
conclusive reasons for opposing nappoiut-
ment, to vote for the confirmation of every
man whose name was sent in by the Pres-
nent He considered it his duty, while be
differed politically, 10 make no faotious OPP
position; and we think he stated that in
only two Instances had he ever voted
against appointments.
Such was Mr.. Stewards comprehension
of the duties of a Senator; aud il cannot
be denied that II was a broad, generous,
and chiyalric sentiment. Other Senators,
both national and state, entertain diff
Ierent views OF their official obligations.
Every senator has right 10 his own, aud
IL not accountable for them to the Exscu-
tive.
We make these remarks with entire re-
tpect and friendship for Gov. TILDEN.
Whatever his future may be-and 1t can
not be brighter than we wish 1.-THE is at all
events, for the present, in very exalted
official position. We earnestly desire to
Bee him discharge its high duties in accord
hnce with the requirements Of enlarged
views and permanent principles. 1t is bet
Fer 70 be a great Governor than little
Presuent And proper respect for the
coordinate branches Of the Government
j. not only justly due TO them, but is
essential to the preservation of his own
Arue dignity.
m