Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-03-20
Aailp Xennebee 5ournal.
Augusta. Monday Morning, Mar. 20.
The Appointing Power.


vious article it maintained that the Coun-
Gil have no more right to reject a nomina-
ton of the Governor than clerk of the
courts to refuse 10 enter decree or judg-
ment of the Judges behind him" In its
last article. thinking no doubt that the
foregoing opinion needed revising. it
again states its position as follows: Our
position was and is, that in view Of a va
cancy soon to occur. the Council has no
constitutional right to reject the nomina-
ton submitted by the Governor,
unless the nominee is destitute of
the requisite qualifications. Fitness
for the office being established, it is the
duty of the Council TO confirm it. and con-
formally to the express requirements of
the constitution record its advice and
sign the record
In support Of its revised position the
Argus quotes Judge Story-without how
ever obtaining in its quotation ANYTHING to
sustain its position, but rather the contra
ry,-also our own Supreme Court, and
Mr.. Blaine's eulogy on Garfield. The at
tempted extraction Of sunbeams from GU
cumbers would not be more wonderful
than the attempt Of the Argus to extract
support from the opinion of the Supreme
Court on the attempted removal of Mr..
Spaulding, Reporter of Decisions, by the
Governor. The Argus quotes a sentence
or two from that opinion, and parades this
mutilated fragment ~ the opinion Of the
Supreme Court in favor of its position that
the Council is but body to record the
will of the Governor in the matter of APP
pointments. That opinion as a whole de-
clares and sustains with great ability that
the Governor has no power 10 remove an
officer appointed by the Governor and
Council. except by the advice and consent
of the Council. The opinion is
based on the ground that the ap-
pointing power is held jointly by
the Governor and Council, therefore
the power of removal is also held Jointly
by them. The Governor cannot remove
alone, because he did not and could not
appoint alone The Reporter of De-
cisions whom the Governor attempted to
remove holds his Office to-day in accord
ance with the opinion of the Supreme
Court, living example. rs the Court say
in their summing up: /. That the Re-
porter does not hold his office ut the will
and pleasure of the Governor alone. and
is not removable by him ,. That he is
removable only by the Governor by and
with the advice and consent of the
Council" And yet the Argus contends
that the Council have no more right TO re-
ject n nomination of the Governor Ethan n
clerk of the courts to refuse to enter a de-
cree or Judgment of the Judges behind
him" and undertakes to prove it from
this opinion of the Supreme Court. whose
foundation and ultimate conclusions fatty
contradict the audacious and dishonest as
sertions of the Argus.
The attempt to wiring Mr. Blaine's Gu
logy in to the support of the position Of the
Argus we have alluded to in previous ar
ticle. 1t is an utter misrepresentation.
employed for the purpose of misleading
the readers of the Argus. Garfield never
claimed that the Senate was bound to con-
firm his nominations Mr. Blaine did not
intend to convey nor did he convey such
An idea in his eulogy. 1t is only weak
a.
fraud rs this to maintain itself. The Ar
gus would not SO impose upon its readers
as it does had it any defence OF its posi-
ton to offer.
As the relations and powers of the Gov
ernor and Council in appointments have
been likened to those of the President and
Senate, a slight reference to the care
fulness and jealousy with which the
constitution guards the rights of the
Senate in the matter of appoint
ments may be of interest We refer
to the clause relating to appoint
ments made by the President to fill vacan-
cies that may occur during the recess of
the Senate. Every appointment so made
by the President stands no longer than un-
til the close Of the next session of the
Senate. The right of the Senate to con-
firm or reject these appointments or others
made in their stead is preserved. All
must come before that body for its action,
and only such are appointed as it confirms.
This does not look as if the trainers of
the Constitution, as if Madison and jeff
erson. those old democratic fathers who
advocated with pen and voice the adop-
ton of the constitution with the power of
appointment vested jointly in the President
and Senate. intended to give the Senate
only clerkly power in regard to appoint
ments. The Argus in its zeal to cham
pion Governor Plaisted's attempt to over
throw the independence of the Judiciary.
has departed from the doctrines of the
democratic fathers. and is attempting to
break down and destroy power which
they put into the constitution and careful
ly guarded against encroachments bv the