Omaha daily bee., 1889-05-23
a SENAToRTAL pErEAr.

decided by the president against the
senator's. The was the most important
relating to the control OF
the patronage in the states since the
memorable issue between Roscoe Conk-
as then the administration maintains
its constitutional prerogative as the APP
pointing power, subject only to the
"advice and consent" of senators, as
provided in the constitution, but under
no obligation to consult them in ad-
vance OF nominations.
The case in point has heretofore been
referred to. DIR. Wilcox was the can
didate OF Representative Cannon for in
ternal revenue collector OF the Eighth
Illinois collection district, embraced in
the congressional district represented
by Cannon. Senator Cullom also re-
sides in this district, and he had an
other man whom he wished APP
pointed collector. Wilcox was appoint
ed, to assume the duties Of the office
July 1. At the time this was done Sena-
tor Cullom was in New York investigat-
ing the railroad question, and as soon
as that was concluded he hurried to
Washington and had an interview with
the president in which he protested
that he should have been consulted,
especially as the office to be filed was
at his home. Subsequently Senator
Farwell called on the president and
urged the view of the matter presented
by his senatorial colleague, and finally
the two senators joined in a written
protest which was sent to the secretary
OF the treasury, and by him submitted
to the president. This was not against
the man appointed, but the policy of
making an appointment in q territory
partly senatorial without consulting the
senator. The president has probably
had no more delicate task presented to
him than that of deciding this issue,
but he performed promptly and effect
lively. The appoin tment of DR.. Wilcox
having been made in good faith, and
there being nothing against him on the
score of character or qualifica-
tions, he will receive the COM
mission, and his nomination will
at the proper time be sent
to the senate for its ''advice
and consent" as required by the con-
stitution. 1t will then be the privilege
of the Illinois senators to oppose con-
firmation, and thereby make an issue
as to the right of senators to dictate as
well as advise and consent to appoint
ments, if they deem it wise and expedi-
ent to do so, in which event the country
will be given an opportunity to see
how far "sena torial courtesy" may go
in sustaining the extraordinary claims
of senator's.
Meanwhile there can be no doubt
that the intelligent and candid judg-
ment of the country will approve the
attitude of the president in this matter,
with all that it implies. The constitu-
tion distinctly provides that the presi
dent shall nominate public officers to
be appointed, and contains no sug-
gestion that the relations of senators to
appointments begin before nominations
are submitted to them. The president
consults with senators and representa-
tives not because he is under any con-
stitutional obligation to do so, but
chiefly as matter of conven-
ience and courtesy. He can not
have personal knowledge of the
vast number of applicants for
positions, nor has he time to acquire it,
and he must consequently depend
largely upon members of congress for
fnr fn u; of
being appointed. Apart from this there
is courtesy due to congressman in per-
mitting them to reward their friends
and to name those whom they prefer
for an Office to.be filed. But if it were
possible tor the president to select men
for the offices without consulting sena-
tors or representatives his right to do
so would be unquestionable. The as
sumption of senator's, therefore, of q
light to be consulted as to nominations,
which may carry with it virtual dicta-
ton, and thereby take from the presi-
dent the initiative Of appointment con-
ferred by the con stitution, WI lie leav-
ing upon him all the responsibility,
can not under any state of circumstances
Dc successfully uclSuucu. IL lS all dS-
sumption which has grown up within
the past twenty-five years, and derives
no warrant from the earlier practice in
the distribution of federal patronage.
1t is an expression of the dictatorial
spirit and the tendency to usurpa-
tion Of powers and privileges
which have of late years characterized
the senate, to its material loss in popu-
lar respect and confidence. President
Harrison has done wisely in refusing
to surrender to this spirit, and in main :
tanning his constitutional prerogative.
He may find that he has run athwart
Of the law of senatorial courtesy" but
he need not hesitate to take the conse-
quences, having the conviction that he
has sustained the dignity and right of
his Office, and the assurance that he
will have the approval of the fair and
| candid judgment OF the country.
.----.--==
A POLITICAL TRAGEDY.
The massacre at Forest City, Arkan-
sas, adds most sanguinary chapter 30
A. - Il !. .,I 4