Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-05-04
SOUND DoCTRIN E.

The following editorial article from
the Boston Herald is good, sound, Dem
ocratic doctrine from Republican
source: 1.-THE steady encroachment Of
the Senate upon the constitutional pre-
negatives Of the President is subject
that cannot much longer escape the
earnest consideration Of the people. In
a republic, the worst abuses OF govern
ment are those OF slow growth. Acts
which would be promptly recognized as
Usurpations, il performed as the iuitia'
ton OF new policy, and be sternly for.
hidden by an expression OF public oPiA-
ion which no servant OF the people
would dare to disregard, come to be toll
Grated almost without question when
they are the result OF longer line OF
cumulative precedents. II any Senate
before the days OF ANDREW JOHNSON had
dared to assume toward the executive
the position which the late upper house
took toward President HAYES, and
which certain Senators are trying to in
duce the present one to take in Opposi-
ton TO President GARFIELD, there would
have been a popular protest against
Capitalization, which would have pene
trated even through the indifference
created by six years tenure OF office.
Bat the devices employed by partisan
Congress to tie the hands OF a recreant
President whom it could neither con-
troll nor impeach, very soon familiarized
the public with the spectacle OF an exc
cutive shorn of his power. So far as
making appointments went, ANDREW
JOHNSON was President only in name.
Vested by the constitution with specific
authority, he found himself unable to
exercise it. The two houses OF Con-
gress stepped in and said, "By
our leave" And the rule enacted to
meet an alleged necessity has been main
tanned as a convenience. 1t is the cd
story OF history repeating itself. Men
surrender power much less willingly
than they assume it. The worst usurp-
atoms have not come through a coup
d'etat. The Senate OF the United States
has come to claim and to exercise pow.
ers expressly withheld from it by the
constitution, directly through law, and
indirectly through a custom having all
the effect of law, and known as "the
courtesy OF the Senate"
The Constitution vests the power of
appointment in the President. The
trainers OF that instrument drew
straight and plain line between the
three departments OF government. Con-
gress was to frame anil pass laws. The
Supreme Court was to declare their
meaning. The President was to execute
them. The Constitution was the chart
for each and all. Certain appointments
were to be inside "by and with the adj.
vice and consent OF the Senate" as all
laws were subject to the approval OF the
President. But there is no more inten.
ton in the constitution that the Sena-
tors shall make the appointments than
that the President shall assume to con.
troll legislation through the use of the
veto. The consent OF the Senate 10 ap-
polntments, and the veto power OF the
President, are alike guards against abus-
es-checks 10 hasty or improper action.
IL is not necessary TO recite how this
advisory right OF the Senate has come
To be a dictatorial power. The fact is
patent. Back OF the petty controversy
over the officers OF the Senate is the true
de3dlock-the denial, by the strongest
RepI blican leader in the Senate,
Of the Presidents right to nomi-
nate collector for New York, or any
other official in that State, without that
Senator's precedent advice and con-
sent" To this point has the gradual
absorption by the Senate OF executive
functions brought the country. And
what is true OF Senator Conkling's posi-.
ton Is messurably true OF other Sena-
tors They have not, all OF them, that
audacity OF the desires which takes the
place IN the New York Senator OF a
courage OF the convictions. But they all
claim, with sufficient stress, the right TO
be consulted and satisfied in regard 10
importment appointments within their
several States Indeed, the complaint
already comes from representatives in
Congress that they have little influence
in the departments. compared with Sen.
ators A few small possoffices and a
lean quota OF minor appointments,
mostly confined to his district, are all
that the average Congressman finds re.
served as "his share" He has, to be
snre, no more right to a controlling
voice in the matter than has the Sena- |
tor from his State; but the complaint OF |