Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-05-19
The Double sheet-TO Advertise,
The ''Adyice aud Consent, OF the
senate.

The confirmation of Judge Robertson, to be
collector OF the port of New York, involved
more than the fitness Of the man for the posi-
ton. over this nomination an important
question was raised as to the extent or limit
OF the Presidents prerogative In the selection
or federal appointments and as to the proper
application OF the words by aud with the
advice and consent OF the Senate" In the Fed.
eral Constitution. Senator ConkIing raised
the issue, contending, In effect tn at the clause
quoted from the Constitution invests single
Senator with authority to advise aud consent
IN the letter accompanying his resi- ynatton Mr..
Conkling says: "A Senator has his own respon-
sibillty. He Is amenaOle to his state and
10 the body OF which he is a member
He is bound by his oath to advise and consent
on his conscience and judgment before G)d
whatever or whoever elss may restrain him
According to the logic OF Mr. Conklings con-
duct II the single Senator ''adyi5e3 and CON-
sents" In one direction and the other seventy
five members of the body just as honestly take
the opposite view, the minority of one is en-
tirely right and the majority entirely wrong
1t IS well known that Mr.. COnkllng employed
ali OF his ability and his inf Ience to induce a
majority OF the Senate 10 agree with his view
OF the 'advice and consent" that should be
given in the Robertson case. He realized then
and by his diligeat work OF persuasion recog-
nized the fact that nothing less than major
ity could prove effective In applying the con-
sututional right to advise and consent In
opposition TO the President; but IL his Ian.
guage he insisted upon tina right OF two
Senators to overthrow the Presidents choice
by the exercise OF this privilege conferred by
the Constitution. Tae Senate, By practically
unanimous vote, yesterday decided against Mr..
ConklingS view, as expressed In his words and
sustained the Presidents position. The fact
that active opposition to Robertson was not
expressed when the confirmation was reached
Is, by some. attributed to Mr.. ConklingS retire
ment: but the truth IA that the opposition
would have been quite as feebIe-eXcept that
the votes Of COnSling and Platt would, no
doubt, have been recorded In the neSative-had
the New York senators not resigned There Is
good reason 70 believe that foreknowleiye OF
the slim following he would have on the mega
tive side OF confirmation had considerable To-
f1uence in ins p1tng the resignation. After
having exhausted all his powers to rally
opposition. Mr.. Conkiing's pride would not
permit him TO expose to the country his
absolute weakness. Tle right of a Senator to
oppose the President on nomination has never
been questioned, nor could it be; but hitherto
IL has been considered that In voting against
the Objectionable nomination he performed his
duty; that by his negative vote he put himself
upon record as refusing his .advlce and c,n-
sent" to the confirmation. The action OF thu
Senate in the confirmation decides that this
view OF the question Is the proper one and that
the clause 'by and With the advice and con.
sent OF the Senate" applies 70 majority OF that
body; that 1t is the Presidents right TO SELECT
nominations and nothing less than majority
ofthe Senate can defeat any selection While
this has been the common view and the c1m-
mon sense view the almost u1anim ou5 vo.e of
the Senate 10 affirmation OF IT, Will PROB IDLY
have the effect OF settling the question 19r all
time 10 come.