Savannah morning news. [volume] (Savannah) 1868-1887, 1881-05-17

Following this strictly sweeping executive
act came ominous avowals that dissent or
failure to advice and consent would be held
an act Of offense, exposing all the Senators,
from whatever State, to executive dis
pleasure. Thus, we find ourselves con-
fronted by the question, whether we shall
surrender the plain right and sworn duty of
Senators, by consenting to what we believe
to be vicious and hurtful, or
be assigned the position of dis
loyalty to the administration, which we
helped to bring in and the success of which
we earnestly wished for? From every reason
and motive which can enter into the case
we know of no theory aimed at by any
party which requires such submission as Is
now exacted. Although party service may
be fairly considered in making selections of
public officers, it can hardly be maintained
that the Senate Is bound to remove without
cause incumbents merely to make places
Tor those whom any individual,
even the President or a member Of
his Cabinet, wishes to repay for being rec
reant to others or serviceable to him. Only
about two years ago the Senate advised that
General Merritt be appointed Collector at
New York. 1t is understood that among
the Senators who so advised was Mr.. Win
dom, now Secretary Of the Treasury, and
head of the department whose subordinate
General Merritt is. Another Senator known
to have given this advice was Mr.. Kirkwood,
now Secretary of the Interior. Il is said
that, like the Postmaster General from our
own State, these Cabinet officers were not
taken into consultation touching the re.
moval Of General Merritt, but their sworn
official action as Senator is none the less IL
structive.
That the Secretary of the Treasury and
late administration, up to its expiration less
than ten weeks ago, approved Gen. Merritt
as an officer Is well known. 1t is not sug-
gested that any citizen had petitioned for
his removal, or that any official delinquency
on his part is the reason of it. In the place
OF an experienced officer In the midst Of his
term, fixed by law, 1t is proposed to put a
man who has had no training for the posi-
ton, and who cannot be said TO have any
special fitness for its official duties
In the inaugural Of President Garfield, de-
livered on the 4'h of March, stand these
words: "The civil service can never be
placed on satisfactory basis until it is reg
uated by law for the good of the
service itself, for the protection of those
who are interested with appointing
power against the waste of time and the
obstruction to public business caused by
the inordinate pressure for place, and of
incumbents against intrigue and wrong. l
shall at the proper time ask Congress to
fix the term of the minor offices
of the several executive depart
ments, ard prescribe the grounds
upon which incumbents shall be
appointed" How good the distinction is
which would make the major offices prey
to "intrigue and wrong" and shield the
minor officials from like havoc, and whether
the Collectorships Of the country should
belong to the exposed or to the protected
class, need not be decided here.
Assuming General Merritt to be an officer
of average fitness and honesty, 1t might be
reasonably argued that all the Senators
should with alacrity advise his iisplace.
ment by man Of obvious superiority. Pos
sibly 1t might be said that all should advice
the selection In General Merritt's place of a
man who, without superior fitness, had
rendered his country or even
his party conspicuous and exalted
service. The case in hand does not belong
to either OF these two classes. The voca-
tion Of Mr.. Robertson, bis legislative and
professional experiences and surroundings
do not denote hts superiority in the quail
ties, the knowledge, the business habits and
the familiarity with the revenue laws and
system OF the United States which might.
make him more competent than General
Merritt to collect the vast revenues aud
administer the vast business pertaining
to the port of New York. Certainly he can
not in this respect be held an exception to
the rules of right and consistency on which
the Constitution and laws have placed the
public service. We know of no personal or
political service rendered by Mr.. Robertson
so trauscendant that the Collectorship of
New York should be taken in the midst of
a term and given to him as q recompense
Mr.. Robertson is reported by the New
York Tribune to have declared that his
nomination was "reward, - ''reward" for
his action rs delegate to the National Con
vention. If Mr.. Robertson In his action
was Influenced by his sense of duty,
VDtn6 acted
convictions, 1t is difficult to see
what claim he has for any reward,
not to speak OF such great reward. He
and sixty nine other men accepted from a
State convention a certain trust. They
sought and accepted the position of
Convention. The s ate Convention declared
its plainly stated judgment and
the policy to be observed, and to this
declaration all the selected delegates gave
their implied consent. But several of them,
in addition, made the most specific personal
pledges and engagements to exert them
selves in good faith throughout to secure
the nomination of General Grant
They made this pledge as the means of
obtaining their own appointment as dele
gates, and they did. as we both personally
know, obtain their seats In the National
Convention upon the faith OF their personal
statements OF their earnestness and fidelity.
The obligation thus assumed is understood
to involve the integrity and obligation
of one who receives the proxy of
stockholder in a corporation on a pledge
and promise to vote as his principal would
vote. Whether Mr.. Robertson was or was
not himself bound, not only by honor and
implication, but by expressly giving his
word, becomes quite immaterial in view of
the claims made for him,
ItisinsIsted that he organic I'd the vote, or,
hoc hony f4x,on- a. L. Al
leader OF the vote. This is to say that be
invited, persuaded or induced others, whom
he knew had given their word and obtained
their seat Dy doing so, to violate their word
and betTay not only the Republicans
assembled In the State Convention but the
Republicans of their district as well,
who had trusted In their honor. Whoever
counsels and procures another to do a dis
honest or dishonorable act must share with
that other the guilt, and should share the
odium justly attaching to it. we are there
fore wholly unable, upon whatever ground
we put it, to see any justification
for ourselves should we BECOME
parties to using the public trusts,
which belong to the people, to requite such
employed to effect these results set up new
standards of responsibility, and invade, as
we believe, the truths and principles on
which the separate and coordinate branches
of the government stand.
Senator has his own respou-
sibility. He is amenable to his
State and to the body OF which
be Is member. Ho is bound by bis oath to
'advise and consentp on his conscience
and judgment before God, whatever or
whoever else may constrain him. He is to
be exempt from executive menace or dis
favor on the one hand or executive favor
on the other. Long standing on the orders
of the House OF Commons has been decla-
ration that member shall suffer expulsion
who even reports the wishes OF The execu-
tive head OF the government to influence
the votes of members. The British consti-
tuition is not more Jealous than ours In this
regard. To give advice, and honest, inde-
pendent advice as to an appointment pro-
posed, is as much the right and duty OF a
Senator as 1t is the right or duty of the
President to propose the p9l.e.
Be bis advice one way or the other, it is !
no more an act Of disrespect or treason to |
the nominating power than the verdict Of |
juror or the decision of Judge. TIE idea
that the aenate Is simply to and out what is |
wanted, aud thea do IT., we cannot believe |
safe or admissible, and thus far. no party |
has dared or descended to set up such q |
test Of party fidelity or allegiance. In this |
instarce such prominence has been given |
to the subject and such distrust has been |
expressed of the correctness of our posi- !
tions, that we think 1t right and dutiful /
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