Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1885-04-05
The Power Of the President In the
Matter Of Appointments.
Ample Power to Appoint Non-Con:
firmed Officers.
The Dying Hero Grant, His Young
Days.
Randall, His III Health and In
fiuence.


renewed some old friendships and went
back, in memories, neary ten years. Thos.
A. Edwards, Albert A. Lewis, and DR..
Kunst, of Weston talked with me at the
National tie other evening, giving me the
history that Lewis county has made during
the last decade. Yesterday, ten years ago.
| met Edwards ar the first time in Clarks-
burg, going theree to Weston BY stage since
supplanted by the Weston and West Fork
railroad Among the party was my cher
ished aiend, DR.. Hullihen, genial, gentle
and witty; a man Of talent, Ike his father
before him, somewhat given to idiosyn-
crasies; With mind for literature and the
drama. Shakespeare never had a more
devoted disciple, unless it be Mr.. Leighton,
the ACCOMPLISHED president Of the Wheeling
Shakespeare club, or Tom Bradford, over
at Philippi, n Barbour county.
Judge Edwards is man of
observation, clear of head and sound in
Judgment; keeps the political machinery OF
his section in good shape, and looks over
the horizon for the next convention.
inc
Said an official to me to-day: "Selby, if
you had been nominated in my place, and
the Senate adjourned without confirming
YOU, could the President atterward remove
me and commission you' Mind what say.
talk of Withdrawing a nomination left
pending in the Senate" Said l: Listen
10 me. The constitution provides
that: The President shall nominate
and by and with the advice and consent of
the Senate. shall appoint
officers In the case of Marbury against
Madison it was held that the words shall
nominate mean to recommend in writing
10 the Senate the name Of an aPpointee for
confirmation. That is the way the advice
of the Senate is asked. This is the sole act
of the President, and is voluntary. So
saws Story on the Constitution, and Paschsl,
in his Annotated Constitution. Even after
confirmation the President may, if he see
fit, withhold q commission; and until
commission has been signed, the ap-
pointment is not fully consummated.
This has been held by the courts
and the opinion of FIVE Acknowledgements.
If, therefore, the President may withhold
COMMISSION dllCE SOuuA LhoLAOni AO 40 NV
bound BY the action Of the Senate. And if
he is not bound by the action of the Senate
after confirmation, .fortiori, he IS not
bound when the Senate adjourns without
action. A nomination not acted upon, or
hung up. is at best only technically before
the Senate. The Revised Statutes have
this provision: And if the Senate during
such session shall refuse to advise
and consent to an appointment
in the place Of any suspended
officer, then, and not otherwise, the Presl-
dent shall nominate another person as soon
as practicable to the same session Of the
Senate for the office. That is in section
l.76S. That means this: HJohn Jones be
rejected by the Senate, then another must De
dominated If the nomination be made to the
same session. lfJohn Jones be simply hung
up for want of action the President can ap-
point him the day after adjournment. Furth-
er than that, he may commission him though
the Senate rejected him. think the COM
mlssioning of rejected man means more
than suspended one. 49,
Then you could take my place, Selby?'
"Yes, said l.
Gen. Grant.
The universal sorrow over Gen. Grants
sad condition proves the amisbility OF JUS
tice. Around the suffering, dying hero, the
hearts OF countless thousands cluster ten.
derly and kindly. The instinct Of kindness
ills the world with grace. 1t has power
which seems to be beyond natural causes
Kind words are the music OF the world
They imply q contract with the divine
and embody the deepest, grandest
truth TO which we can attain about others
or ourselves. The Grants are tender in their
domestic ties. There has been no death in
he Generals family. This will make part
ing all the more sorrowtul
The only one | ever knew well was
Ulysses, Jr., generous hearted, sensible
Young man, once his fathers private sec
retary, succeeding Babcock. | used to
drift into the White House occasionally and
he would tell me of his readings and his
books and his hope for the future. He
cared little for the surface life Of Washing
ton and had no relish for political
hustling. l remember once he spoke
of the press and seemed to think a
portion oft needed scorpion. | thought
at the time that the young man felt the
things some papers were saying of his
father-one in New York especially.
Father never reads it, he said, and hence
doesn't give attention to it, nor would he, il
he did"
| Randall.
Mr.. Randall has not been able to get his
nerves firm since the great strain on him
during the session. For little while he
was steady but the people who were after
Office overran him and gave him nc
peace. From every quarter they
came. For three weeks from early
morning till late at night his house
was besleged. 1t struck me that ex-Con'
! gressmen were in the majority. Wherever
he has given his influence it has been solely
in behalf of character and cleauness of life,
His desire is to aid the administration IL
making worthy appointments. The Presi
dent values his judgment beyona that of any
other man except, perhaps, Mr.. Tlden.
CHARLES SELBY.