New-York tribune., 1877-07-21
CIVIL SERVICE REFORM.
XIV

rrr rrorfF's wuIt-p0wER oF ruN SENATE
..g,,r THAI oF ruE PREsIDENr-No REVOLUTION
AZ prrrsrNG To CONFIRM APPOINTMENTS
o. tAs Edifor OF rAs Tr'b1"s'
s,v Tuv NEw-YORK TRIBUNE says
ts,ut HAYES ssys that be Wil give the sam. weises
VIC tA.,- -r.,srfqhIc gentlemen That T. the sum anu
srb.feare of civil service Reform
Al very small and trnsy wisp OF wool IL Is LOT
80 uuch cry and even that We hold ny an uh'er'''"
90. Cor that enthusiastic Reforner' ihf hoson
- ,l,efilv records that one Of the new Civil
c.,viee Reform rules is going to provide that the
-.,,,,,endaiions Of members of Congress shau not
1--.,,rl,d OF considered The wind is tempered
en- snorn lamb. however by the kind iniorna-
= ~ lines further on. that this rule does not
.,l,te the entire absence of participation OF
.-...,.n in appointments. as their opinions a. 10
.,,i,a,ations ~ different persons viii be- asked'
- l. tbeir opinions are asked. but not regarded OF
s~.s,d,r,d. A very Civil Reform that gives Con-
.,,,.r n slap m the face. and then asks them
"a they are thinking about!
- has alwavs been considered by the truly
- minded American citizen PARROT and Reform
a. n group of Incapabies and lrreclaimables'
-, e. no other reason than kicks and cuhs-that
-, the class which free, intelligent ahd lhoor-
,tible people would naturally choose Tor ts repre-
- and agents But during the opening
ra ~
.e,,rl, seems to have taken on a new ofhcious-
-. and ofcnsveness seems to have sunk lower
- acre po.sible m the journalistic estimation;
- " 81, l,e rroperlv considered a mere incidental
= an rtraneou- burden hanging on the verge of
- .,..r,n,ent a body whose main duty - to get
80 ,b. .rapg-wav. that the Executive may have
g.. eours. to run and be glorited The Senate mas
..l,o,r,,,5 sine de- and the HAYES ADMINISTRATION
4 ,o,r IN uncontrolled possession of the Federal
csr,,p,eut~ cries the new convert 20 Reform, with
.bc ar If one who announces at last the liberation OF
bis country from the yoke Of the usurper Ihe
-. inc taken itself ont of the way says the
ia ,,r-v-bafk. curvetug and prancing Ike an un-
hr,tor eur The religious Reformer declares with
awe that nothing like this Opposition OF the senate
g. tho new President. was ever known before! 1T
s the ,ntocracy OF the Senate IN rebellion against
the Executive
YET Congress is as Constitutional body as the
rvecutrve II derives its authority from the same
source: It's duties are prescribed ITS Limits defined
and its status declared by the power Ii Is not
a self-consntuted assembly, living bv sufferance.
the gradual growth of evil custom, poking impertl-
mont fingers into matters which do not belong to IT,
It's from the beginning part and parcel of the Gov
srrment II cannot abdicate its rights, powers,
+rrsfs arv more than can the President. In some
respects 10 stands the people and higher IN
mower than the President Congress can make law
without the aid assent Of the President; but the
President cannot make law without the concurrence
Of Congress. Congress can make and unmake
Presidents; but Presidents have no power what
ever-no constitutional power-ovcr the mdtG7et OF
Congress The Constitution gives to the Senate
oiut power with tie President 10 make treaties TO
appoint ambassadors judges. and officers; and his
powcrtoapp neutrality-suspicious. without consultation
with Congress is by the Constitution vested IN
Congress itself The Senate is that branch of the
Government which never dies which enjoys a COM
perc continuity of organized existence, beginning
with the birth-hour Of the Republic and lasting, of
necessity. TIL its final death-throb-if death-throb
there shall ever be- which God avert! The House
Of REPRESENTATIVES NAV be in allegiance and lle un-
ouckeued for three-fOurths of every alternate year
The Presidency comes regularly to an end. and has
had more than one absolute inteTegnum since Wash
inrton was first inaugurated; but the Senate, which
came into being on that same bright April day of
1853 has never since known and never can know
break or pause IN the revolving years that mark the
onward progress and. may not hope, the endless
lie Of the Republic. | can recall no more eloquent
passage of Senatorial speech than the words OF the
brilliant Mr. ingalls, of Kansas in his superb descrip
tion Of the Senates immortality
In the light Of all these facts II is grotesque to see
thar the recommendations of Congressman are
neither 10 be regarded nor considered Control is
one thing Consideration quite another
As to the Cabinet. it has no Constitutional exist
ence whatever The Constitution says:
TIE Senate of the United states ShdIlbe composed
and manner of holding elections for Senators and ReDre
s5ntayes shall ne prescribed Congress stoH as
seuae..... Tie President shall nominate, and by 0Hd
vt he Gdrce aud consent OF he Senate shall fpo.nt
But the only basis TO be found in the Constitution
for the existence of such body the Cabinet if IN
the declaration that:
The President. may require the oninou, IN writing,
o. ne principal officer iE each o. the EXECUTIVE Depart
specfire oelces
Il certainly would be rather droll 10 this body,
the separate existence Of whose members depends
upon tie Senate, whose existence as a body is not
recognized in the Constitution. and all whose ap-
pointmeuts require confirmation by the Senate
fockug together aud cogitatlng among themselves
how 10 keep Congressman from having any voice in
the matter They will have to flock and hutter a
great while before they viii get that little item
il the Constitution;
The Presdest shall nominate and, by and with the
advice aud consent Of the Senate shall appoint COu-
q may y Jaw vest the app 'ntmen! oi SHch hlcrtor
officers heg ii proper IN the President alone IN the
courts OF law. Or the heads of dr,ort"e''ts.'
Thus we see that il Is Congress and not the Execu-
tive which the real fountanhead of appointments.
So far from Congress being ruled out, it is only
through Congress that the Heads Of Departments
are ruled in aud only by permission of Congress
that they have power to make appointments at all.
The unquestionabe fact that the Constitution has
made the Senate in it, collective capacity, the final
arber of appointments isa strong presumptiye rea-
why is proper that Senators, III their individual
capacity should he consulted. Ii Is therefore also
Impossible for the senate 10 have been III re-
bellou against the Executive because the Con-