Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1880-03-10
THE COURTESY OF THE SEN
ATE.
[Harper's Weekly

[Harper's Weekly.
Among the changes which have
grown up iu the administration of our
Government under the Constitution,
one of the most important is that which
is known as the courtesy of the Sen
ate" 1t was recently illustrated by
the rejection of Mr.. John Morton, who
was nominated to be Collector of the
part of San Francisco. Mr.. Morton
is son of the late Senator Morton, OF
Indiana. and is now consul at Homo
lulu. There was no question, as we
understand, of his character or capac-
ity, or that he was not fitting candi-
date. There was no assertion against
him of any principle of a sound civil
service. But he was not the choice OF
the Senators from California, and "the
courtesy of the Senate" required that
the nomination should be judged, not
by it's merits, but by the wishes of the
Senators from the State. ''The cour-
tesy of the Senate" further requires
| that when a Senator, or one who has
been Senator is nominated, he shall
be confirmed without reference. In
this way Mr.. Reverdy Johnson was
nominated as minister to England,
and it is alleged that motion of Mr.
Sherman to refer the nomination of Mr.
Simon Cameron as Secretary of War
led Mr. Cameron to oppose the con.
firmation of Mr.. Sherman as Secretary
of the Treasury, in which opposition,
as the Times correspondent an
nounced, Mr.. Conkling joined ''The
courtesy of the Senate" is not quite SC
absolute a rule as the laws of the
Medes and Persians, however, as this
incident and the confirmation of the
present chiefs of the New York Gus
tom-house prove But in the con-
frmation of local appointments it is
generally supreme.
'The courtesy of the Senate" is,
therefore, very well defined by the In
dianapolis Journal as an alliance of.
fensive and defensive for the control OF
patronage. That it is a violation OF
the the Constitution is indisputable
The Constitution plainly intends that
the President shall nominate upon his
responsibility for the efficient execution
of the laws, and that the nomination
shall be confirmed except for reason
affecting character of the proper dis,
charge of official duty. The power OF
confirmation is not specifically quail
fed, but it is obvious that it is power
looking to the welfare of the service,
and not to the personal interests or
preferences of individual Senators.
This, indeed, as we say, is not ex-
pressly stated, but it is as muchimplied
as that the President shall nominate
only with the same regard to the pub
lie welfare, and not to subserve his
personal aims. With the vast in
crease of officers, however, there is an
increased disposition to make appoint
ment depend upon the confirmation Of
the Senate, and its courtesy" is but
another name for the agreement to Sc
cure to each Senator his proportional
share in the patronage. 1t is this prac
tice which gives to certain Senators 6
political importance and prominence
which they could not have gained by
intrinsic ability. 1t is sometimes sale
that such men do not personally in
terest themselves in minor appoint
ments. But that is not necessary
Generals do not deal with private
soldiers, but with commanding officers
The former practice of the Senate
was to confirm nominations unless
some valid objection could be inter
posed. 1t is enough now that a Sen
ator for any reason whatever, does
uot favor an appointment proposed fol
his State, and it is rejected. W.
know an instance of nomination to al
important judicial position in State
which was defeated for a year, anC
the office left untitled, simply because
the person whom the Senator from th'
State dictated for appointment was
not named by the Executive. There
was no objection whatever to any per
son nominated, but the Senate abdi
Gated its duty and responsibility, ant
confided it's whole power and authority
without debate, to a single Senator
1t is not q practice in terms forbidden
by the Constitution, but it shows how
power may be usu9ped under the form
of law, and how readily the Senate
may grasp a disproportioned share
of the Government. 1.-The cour
tesy of the Senate" is an exceedingly
smooth phrase. 1t means control o
patronage. 1t recalls Napoleon Z
bland professions of devotion to th'
Revolution. They meant empire.