New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-20
PROTEST FROM THE SENATE.
TIE PRESIDENT EXCEEDS Ills POwER
no CONSTITUTIONAL RIGHT TO APPOINT JUDGE La
CoMBE-srNAToRs on RECORD
my TELEGRAPH TO THE TRIBUNE.

NO CONSTITUTIONAL RIGHT TO APPOINT JUDGE La
CONVERSATIONS on RECORD.
IBY TELEGRAPH THE .TRIBUSE.l
WASHINGTON, March 10.-Judge Lacombc, OF
New-York, was confirmed by the Senate the other
day, but not, 1t now appears until after the
Senate had expressed. in confidential report OF
the Judiciary Committee. the opinion that the
President had no right to make the appointment
under the provisions Of the Constitution. The
act creating the additional officer of Circuit
Judge Of the United States, for the Second Circuit
was passed On March 3, 1887. The President
failed to make the appointment before Congress
adjourned and nominated Mr.. Lacombe before
Congress met again in December last. lie there
fore filed by appointment an Office newly ere
atcd BY Congress, the right TO do which the SEN
ate denies. The confidential report submlte Ell oy
the Judiciary Committee. from which, IL may DC
remarked in passing Iic Senate may-now that
THE lNIBv~r has laid 1t before The pLbhc- re-
move the injunction Of secrecy, says:
In the faithful execution Of the requirements In the
Constitution clearly included within the duty OF the
President the laws faithfully executed ana
Il thore Constitutional Limitation upon his right to
aront Public officers dependent upon the advice ana con
sent Senate the first step In the performance oil MS
Constitutional IN executing the laws should have Oc
to call his that body which under the Consul
tuition advise and consent TO his selection oil puoc
agents
The report then goes on to cite instances where
appointments made by fresnaehs monroe t "n.
regard 10 the personal qualifications OF the ap,
poutecs. bnt simply because they were noEliih'cu
and appointed 20 I'LL Offices recently created ~
Congress and while the Senate was not IL So ssioh
Further the committee says
fhe undersigned are feeling disposition 10
rranp OF embarass lust of the President OF the
Unted States they feel 1t to be their duty III ect
q, neseryns the Just balance Of constitutional power be-
tween the different departments of the Government 10
submit these and to express the opinion ht
II WAS not within the constitutional competence OF the
President OF United States to I'll Up the Office IN CUES
tim In recess Of the and by his ana sole au
ho,y in the that he has The undersigned nave
no criticism the personal woTtbin"ss {" the
gentleman who has allied the place during the recess OF
the Senate. and who Is now. without the sdVce d' c"h
sent OF the Senate exercising most imports powers
bu they allow the question OF such an exercise
(as they Of unwsrranted power on the part {" inc
Executive to pass uRaueslioned precedent. The
foregoing observations of course, apply to al
cases OF filling up Of offices for the first Tine
Created by Presidential appointment male ~liHont He
advice and OF 'he senate Bat !. perhaps proper
to add that In Of judicial Offices tho mpropiety 10
cav the least Of IT, must he very apparent
The judicia officers OF the United states ~
pravied IN the Constitution itss shall hold their Offices
dunag good b.haviar. The prime PIC upon whch th'
clause rests the just pooy upon which II shoni NC
exercised psss-sar Of judicial once shon
-rcisins lis fancsas be beyond me 'enp'i
I tons sithsr OF bias. fear or faVor' II 'Ai' 'S -
ard Il osary IS II would seem 70 70
anoualou. that an ohicsr permanent commission
J. during good behavior Should a. II may
happen period Of time be exercising MS hsh
judicial functions the risk OF exciting the dse'sur'
members Of the senate ON the one hanH an' o. S'n
atng support the other according to TIE nhnohoe
acial conduct and jndgnoat' might pro"uee III ''
communities from whence senators Gene
The undersigned think Therefore. waving ihe QUESTION
constitutional power Of the President to MI
mp vacancy happening onlc- Of constitutional
Judge during recess OF he Senate by temporary "P
pontnept the just philo sophy ana policy
flied IN any instance saving extreme emergency
without the advice and consent Of the scnae 70 the ena
that TIE Ccstit onSl Judge should De at all times weh
exercising hi. Office the very spirit and In fact
that tie Constitution It, principal provisions describes
viz one whose dses depend upon any favor OF
prejudice whatever but only upon his own conduct 10 be
brought In question only In judicial procedure Tor The
| permsnGnee OF his pace
To the report appended several notes signed
by individual members of the committee. Mr. Ed
/ muuds says:
T.chnoay OF COURSE 0usssas hsrein discussed are
not necessarily presented in this nomination. which docs not
sov on It's Mr. Laconbe aa oe-n appointed In 'ho
mann before stated exercising the duties Of 'hs
| mo. and tbersiers At might considered that tue
Senate wsaid be way ooumtted !" acqn.s'
| cspcs snch actisn as iae fre'HoS' I'D"
thought 1T take In the matter V
stmye ADVICE sppciutme1t but the uniesiyhe eh
IN, that surh procedure msa he els'ae here
after 70 precedent for the exercise soch saeN On
the par tho President have ~ TO Pnt on r1oo'd
ne Lscombe NAV no; be Turned INTO al n4ue'1O"ou
| precedent
Messrs Wilson ingalls,. AM Pugh say:
The sgree eensrs doctrines OF tbs ios
rsss but do not CONCUR IN te
pkrases the last paragraph Changing H P"
| sr.pa % that u shall read ~ t0lloss Viz
The unabridged think thor c0re th~ rs against .h
,ust pso,opny and policy Of nuf csnslloauonA Nseh a
.rch sAbsss shpad fls4 IN instance without he
,ays and consen, of thai tho C'nt
,ut,.nai udrs should All tines ~hen erercsing MS
oac. lie very scsr In sst aud IN Tact ta"' tae
| un. An It's pr nciYzl pruvissns do>cr1res, v" N"'
vtoss tan depcnd upon any fsvor or p9"o
whstsver only upon hrs own conhaottee Oe "r"us "
Question on in judra prosenre for the reTrnanaHc'
| Of MS place
Mr.. Vest said:
| Am Of opinion that The rro'in'n OF inc
| Csu.t,tut,on giving the President tho ps"~
| On an I'M aI vacancies which may happen
during tho OF the Senate applies onV 10 cAsss
who're tho vacapoy caused by soms Casualty poi p'o'a'
for by resignation. prsooIon reno'~
WHARF the ONCE by ai OF Cougsss ano me ffcs
aan, ao. mt ppoin darag OF Congress Dc NOT
believ, he sppoin daring The rsoeSs ." ns
SENATE AND advice and coossnf OF That o' !"
the main agree Seastm Etslnads ~ MS Fo"s arc '"'
forth In paper. but shsfs are sems
,ssr.,u which do set approval Not coscednS
tho President the constitutional pow" Claimed esun'
agree 1t sxists even In e1reHs e~srsehe's~
PROSPECTS OF THE FISHERIES TREATY.
DEMOCRATS SEEK TO DELAY IT'S CONSTELLATION
Until AFTER THE MKT ELECTION
WASHINGTON, March 0 Special.-lt Is The IN
teution Of the men bers Of Lie Senate CShlhi''e'
on Foreign Relations to meet on Saturday heA'
and devote the entire day to the consideration
OF the Fisheries Treaty. The State Department.
has probably sent all the papers bearing upon inc
treaty which 1t cares TO have made pubhc NJ toe
present time The resolution Of Senator FRYE
calling for the minutes OF the daily meetings OF ihe
al ln Ar u