New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-04-05

| q THE PRESIDENT SHALL NONTNATE'
| Below the question Immediately involved in
| the controversy over the New York Collector
| ship-that of whether judge Robertson or some
other person more agreeable to Senator Conk-
ling shall manage the Custom House in this city
lies one of much broadI scope aud greater
importance, which torclei closely one OF the
chief functions of the Executive. The Constl-
| tuition saws that the : esidcrt shall nominate,
and by and with the advice aad consent of the
Senate shall appoint ali put nc officers whose
appointment is not otherwise rovidcd for 10y
| the Constitution itself or by tie laws oil Con-
gress 10 nominate is 10 select and name, ana
the act of nomination is purely IN executive one,
which the President j. authorized % perform
independent of the dctation or advice OF any
person whatever The appointment requires
the advice and consent of the Serate, which is
signiiied TO the President 10y the vote OF thar
body on the nomination. A theory has gO"n
no of late years that the members Of the Souate
belonging to the dominant party sho1ld select
the men 10 mold the important Offices III Their
respective States, and hand III thc.r names to
the President, he performing only The functions
of an executive clerk in filing ont the nominal
ton papers. This theory received severe
blow during Mr.. Hayess Administration, but u
has considerable vitality left, and Its advocates
are making q good deal OF noise at Washington.
| 10 listen to then talk, one would think that
| the printed text OF the Constitution had some
| how got turned around, and that the genuine
| reading should be The Senator'S shall noml-
mate, and by and with the consent OF the
President appoint" Their rictcn.ion'
amount to nothing short OF this, for they assert
that it is an cncroachmeut on the privileges of
Senators fo1 the President TO act on his own
Judgment in making a nomination when lHs
Judgment happens not to agree with theirs. 1t
| is evea erayely proposed in the loboies and
cloak-rooms Of the senate Chamber that sor;
of Senatorial ing shall be formed to vote to re-
| iect every nomination not made upon th" recon-
mendation of a Senator from t.e State where
the Office to be filled Is located.
This sort Of talk, we are bound 70 believe
clows out of nothing more serious than personal
piqae and disappointment. No Senator who
knows the first principles Of our system o. gov
eminent Will contend that he has a right To die
tate nominations or to feel aEgiIc'td II h., 3D.
vice is not in all cases followed 10y the PrcsI-
| dent In contest between the President aud
| the Senate over a question involving the right
of the President TO do what the Constitution
SAYS lie shall do the popular sympathy would
be overwhelmingly on his side. We do not be-
| lieye any such a contest is gong to aIi'e. 4
! few impctuOus, arrogant men may threaten an
attack Oh the Administration, but the great
majority of the members of the Senate have
not the slightest disposition 10 put Il cmselycS
in an absurd and unpopular attitude by an at
| tempt to usuIp tie constitutional functions OF
| the Executive.
| II does not follow, however, that because
! President Garfield insists upon his night to ex-
ercse his inderendent judgment IN making
| nominations he is gong to cut loose from the
| Senators and Representatives Of his own party
| and run the vast machinery Of the executive
Office without tho aid of their advice. He
! knows very well the value Of their counsel re-
specting persons and politics in their states and
| Districts. Nine-tenths Of his appOntees will be
men who are total strangers TO him. He must
take the VOID of somebody concerning their
qualifications, and in most cases he will natur-
ally incline to act on the advice of the Senator
or Representative who kpows tho applicants
and has an interest in the selection OF a worthy
| and popular man. But advice is one thing and
dictation another The time has gone by when
|
| the legislative branch Of the Government as
their personal perQuiste, to be distributed
among their friends used 70 strengthen po-
litcal rings and machines. The county hopes
that time will never return and is quite certain
it will not return during the next four years.
No doubt large majority of President Car
| fields appointments Will be made in accordance
with the advice OF Republican Senators or Rep
! resentatives. In cases where nc does not fol-
low such advice, how ever, and fluids in his own
wide knowledge of men and politics throughout
the Union better guide for his judgment, no
one has Just ground for COMPLIANT. His first
duty. it should always be borne inmnd, Is to
satisfy himself in making nominations, Tor the
responsibility comes upon him, and by the char
acter and fitness Of his appOintcos his Admins
tration will largely be Judged.