The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-16

as an infrDlity, but on the present occasion
we are constrained to commend 1T as
virtue Though offended at Andersons
conviction lie has been hurried into no ini-
pulsive action and the more time he takes
for reflection the more reason he will find
Tor congratulating himself that he did not
go off at half cock like Secretary Sherman.
The public is curious to see the letter he
wrote TO Attorney General Devens, but he
wisely withholds it tor the present, and If
he should choose to regard it as conf
Dental communication to member of his
Cabinet and suppress it altogether he IS at
liberty to do SO. II Mr. Devens replies he
will probably feel compelled to confute
the positions of Mr.. Sherman, and he may
think it wise to avoid by silence the scan
DIAL OF two Cabinet officers being exhibited
as publicly differing on on important ques-
ton. If he should reply, his opinion could
not be kept from the public, as the letter OF
the President may. 1t would be document
which would necessarily find place among
the official opinions of the Attorney General,
which are as regularly published as the
statutes or the Supreme Court reports. 1t
will, perhaps, be thought .expedient
that such document should not exist
as perpetual evidence of Cabinet dissen-
sion and possibly as perpetual censure OF
hasty opinion of the President. We hold
it to be legally impossible that the Attorney
General should indorse the views Of Secre-
tary Sherman, and it would not be wise for
him to prepare an official opinion which
would expose and refute an untenable
position of the President We shall not be
surprised if Mr.. Devens makes no written
reply, and if the Presidents letter should
be cassed with confidential communica-
tions and withheld from publication.
TO be sure, there would be some awk-
wardness in pursuing such course, but it
ton by the law officer of the government of
the crude opinions Of his associates in the
administration. It is not likely that Secre-
tary Evarts would disagree with the legal
opinion Of the Attorney General on such
question, and unless he openly dissented
his silence would pass for an Endorsement
A correct exposition Of the law would be so
notifying to some members Of the Cabinet,
if not to the President himself that the
easiest escape from such an embarrassment
is to let the subject drop by withdrawal
OF the Presidents request for the Attorney
Generals official opinion.
The responsibility for putting the adj
ministration in so unpleasant a dilemma
rests with Mr.. Sherman. It was mex
cusable for member of the Cabinet to
rush before the public with precipitate
declaration of his personal views on sub
ject that might call for the official action Of
the President. 1t was an act of disrespect
to the President and an affront to all the
other members Of the Cabinet. The action
of the government. on grave questions should
be deliberate and circumspect, the result of
the ripest views that can be reached after a
full comparison Of opinions between the
President and his responsible advisers.
But if members Of the Cabinet were
at liberty to blurt out their hasty
first impressions previous to an Of
fetal consultation, the joint official con-
clusion would be Invested of all dignity
and impressiveness. 1t is for this reason
that Cabinet consultations are regarded as
confidential, and that the members protect
one another against the exposure Of crude
opinions which they found reasons for re-
nouncing and protect the administration as
whole against the appearance Of divided
counsels. Whatever Mr.. Sherman's intii-
vidual views may have been he should
have RETAINED from giving them pub
lie utterance and have reserved them
for the next Cabinet meeting. The
action of the administration on public
questions would be perpetual series Of
scandals if every member felt at liberty to
halloo his opinions at the top of his voice
before submitting them to the judgment of
his associates.
The gross official indiscretion Of Secretary
Sherman must be taken into view in judy
ing the conduct Of the President. After a
member Of his Cabinet had committed this
fragrant breach of propriety perhaps the
wisest thing he could do was to call for an
official opinion of the Attorney General.
cate and embarrassing position He could
not have rebuked the Secretary of the Treas
ury without subjecting himself to miscon-
struction. The question SO passionately
raised by Mr.. Sherman was really question
whether the President should adhere to his
Southern policy, policy which has excited
so much republican opposition that one Of
his own Cabinet could have done nothing
SO inexcusable as to fan its flames while
continuing to hold his place. SO indis-
Greet an outpouring on subject of such
vital interest to the administration, and on
which nothing should be done without con-
sultation and consent, showed that Mr..
Sherman had entirely forgotten his obliga-
tons to his official associates and cared