The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1891-06-12

prevent an appointment, out III no sense tne
power to make one.
Now as an authority upon that question,
let me read briefly from Buekalew on the
Constitution, page one hundred and ten :
"The check upon the appointing power
| placed in the hands of Senators does not
render the Senate primarily responsible for
the appointment; that responsibility rests
upon the Governor, for power to select an
appontee is exclusively his and the ultimate
appointment made and cvinced by the issuing
of commission is also his and his alone.
The Senate cannot propose any one for Sc
lection to Office by the Governor" Now
special attention is directed to this: 'Nor
even constrain the Governor to appoint per-
son he may have named to them for their ad.
vice and consent and to whose proposed APP
pointment they may have consented I; in short
they have the power to prevent appointments
which they may consider Objectionable, but
have not the power to cause any appoint
ment whatever to be made"
But Mr.. President we have authority in
support Of our position even more eminent
than that Of one Of the fathers of the Cons,i-
tuition. The Great Marshal, Chief Justice
of the Supreme Court Of the United States,
than whom our Supreme bench has never
been graced by one more eminent or better
learned in law, in delivering the opinion of
the court in case of Marbury VS.. Madison, re.
ported in Ist Cranch, 1855, uses this lam
guage "This is an appointment made by
the President, by and with the advice and
consent Of the Senate, and is evidenced by no
act but the commission ITSELF"
| Just here it should be remarked that the
power of the President to appoint to office
under the Constitution Of the United States
is exactly co-extensive with that of the Gov
ernor under the Constitution of Pennsyl-
vania, the one acting under the Constitution
of the United States and the other under the
Constitution Of Pennsylvania, which in that
particular is identical. He continues "In
such case, therefore, the commission and
the appointment seem inseparabe, it being
almost impossible to show an appointment
otherwise than by proving the existence of a
commission. " The appointment being
the sole act Of the President, must be COM
pletely evinced when it is shown that he has
done everything to be performed by him.
Should the commission, instead of
being the evidence of an appointment, even
be considered as constituting the appointment
itself, still it would be made when the last
act to be done by the President was per-
formed, or at furthest when the ,lcommis-
sion was complete
"The last act to be done by the President
is the signature Of the commission. He has
then acted upon the advice and consent of
the Senate to his own nomination. The
time for deliberation has then passed.
He has decided. His judgment on the ad.
vice and consent of the Senate concurring
with his nomination has been made and the
officer is appointed. This appointment is
evidenced by an open, unequvocal act, and
being the last act required from the person
being so far as respects the appointment, an
inchoate and incomplete transaction" Now
| desire special attention be paid to this part
of the opinion "Some point Of time must
be taken when the power Of the executive
over an officer not removable at his will must
cease. That point of time must be when the
constitutional power of appointment has
been exercised. And this power has been
exercised when the last act required from the
person possessing the power has been per-
formed. This last act is the signature of
opinion Of the court that when commission
has been signed by the President then the
appointment is made. The discretion
of the executive is to be exercised until the
appointment has been made"
Now let me call your attention to the fam
Gus protest of General Jackson in one thous.
and eight hundred and thrty-four and you
will see that the same doctrine is carried out
there. "It is therefore not only right of the
President but the Constitution makes it his
duty to nominate and by and with the ad-
vice and consent of the Senate, appoint all
officers, etc. The executive power vested in
the Senate is neither that of nominating or
appointing. 1t is merely check upon the
executive power Of appointment. If the in
dividuals are proposed for appointment by
the President, by them deemed incompe-
tent or unworthy, they may withhold their
consent and the appointment cannot be
made"
They check the action of the Executive
but cannot in relation to these various sub
jects act themselves nor direct him. Selec-
tons are still made by the President and
the negative gwen to the Senate without di-
minishing his responsibilities, furnishes an
additional guarantee to the country that the
subordinate executive as we'll as the judicial
Offices shall be filled with worthy and compe-
tent men. The whole executive power being