Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-03-14
The Appointing Power.

The Appointing Power.
The Argus is disturbed because the
nomination of Mr.. Putnam as one Of the
Justices of the Supreme Court was not
confirmed by the Executive Council. 1t
pretends unwonted respect for the Council
with one breath. and with the next de-
clares that they have no more right to re-
iect nomination of the Governor than
clerk of the courts to refuse to enter a
decree or judgment Of the Judges behind
him." II rates their powers and duties as
no higher than those of q recording Of
ficer.
The constitution, however, is higher au-
thority than the Argus. That instrument
says: He 1.-THE Governor shall nominate,
and with the odrice and consent of the
Council. appoint all judicial officers &c.
The act of nominating is the Governors
alone. The Council have never disputed
this. But he cannot appoint without the
advice and consent of the Council. And
this advice and consent cannot be extOrted
from the Council against their will or
judgment. They are not obliged to adj
wise or consent to nominations which
they do not approve. Theirs is not simply
a clerkly office, to record the will OF
superior. They have the discretionary
power of confirming or rejecting the
Governors nominations. They are as
free to reject as he is to nominate. They
obtain their power from the same source
which confers his upon him. He has the
initiatorv act, but without their advice and
consent he cannot take the final one and
appoint Neither are they limited as to
the causes for which they may refuse to
consent to a nomination. Their discretion
in that matter is as broad rs is the dscre
ton of the Governor in the nominations
which he makes.
IL is somewhat remarkable that the
Argus in its exigency turns to Mr..
Blaine's eulogy upon President Garfield.
and quotes from it in support OF the
position which that paper takes in the
Judgeship matter. But as usual it only
quotes Mr.. Blaine to misinterpret him and
mislead others. The Argus says; I'm
treating of this same principle. and Gar
fields relation to it. he tells the nation and
world that the late President believed
that the true prerogatives of the Executive
were involved in the issue which had been
raised. and that he would be unfaithful to
his supreme obligation if he failed to main
tain. in all their vigor. the constitu-
tional rights and dignities of his great
Office" What was the true pre-
rogative involved in the issue mentioned
above by Mr.. Blaine II was the right
of nomination conferred upon the Pres
ident by the constitution. 1t was that
only, and not the claim that the Senate
was bound to ratify and confirm his nom
nations, and had no more right to reject
them ethan a clerk of the courts to refuse
to enter decree or judgment ofthe Judge
behind him. President Garfield never
stopped to any such absurdity as that, He
claimed his right to nominate, but never
questioned the power of the Senate to re-
iect. Mr. Blaine means but that in his
eulogy. We grant that Gov. Plaisted has
the right to nominate. but we hold as strong
~ that the Council have also equal power
to reject. For the use they make of the
power contided to them the Governor and
the Executive Council are responsible to the
people Of this State. If the Governor cor
ruptly or improperly uses his power of
nomination to break down the independ-
ence of the Judiciary, the people will rise
and rebuke him at the polls IT on the
contrary the Executive Council employ
their power to save the independence of
the Judiciary they will be sustained. Let
the issue come if it must we have no fear
and no doubt of what the result will be if
it does come.