New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-13
SENATOR HOAR'S CRITICISM

Senator Hoar's Indictment of the Presidents
unconstitutional action cannot be quashed by
such cvasve pleading as Senator Gray's. The
point raised is simple and direct. On March 1.
1893. the President ordered Mr.. Blount to pro-
coed to Hawaii on a secret mission. accreditlnS
him by letter as n Commissioner from the Gov
eminent who was TO he paramount as repre-
sentative of the United States in these islands
The Senate was in session, but was not con-
suited The Commissioner was appointed 10 an
anomalous diplomatic office without the con-
sent of the Senate. Senator 1Ioar describes the
commissioning Of the Paramount one as Pres
dental attempt to usurp all the diplomatic
powers of the Senate and the Government, ana
consequently as n gross violation Of the Consti-
tuition. Senator Gray and other defenders Of
the President have much TO say that is not 10
the point but fail TO meet the issue raised by
Senator Hoar.
A similar question arose under the Admins
tration of John Quincy Adams. when commits
sioners We're appointed to attend a congress OF
American republics at Panama. The Senate,
when the nominations were subsequently sub
United to it. affirmed that the President did not
have a constitutional right to select diplomatic
agents without the consent Of the Senate. except
when vacancies occurred during recess. and
that new Offices could not be created by Execu-
tive act The subject was deliberately discussed
in report presented by Senator Macon from
the Committee on Foreign Affairs, and the gen
eral conclusion reached that 1t Is Impossible
for the Executive to escape from the enoar-
easements produced by entering into secret
dnlomatc arrangements or negotiations will
ont the knowledge and the consent Of the Sen
ate The President when he appointed Mr..
Blount as Commissioner paramount i'll ai-
thority to the United States Minister created
n new office and entered upon secret diplo-
matte policy without the sanction of the Senate
This was not the Presidents first attempt
TO override the constitutional powers OF the
Senate He had not been In office three months
in 1885 before he reversed the action Of Con
grcss and kept In operation the fisheries clauses
which had been formally abrogaicd by MS
predecessors proclamation. That was without
constitutional warrant, and involved nullihca-
ton Of an act Of Congress and cesson to FOR
eigners Of maritime jurisdiction which he had
no authority TO make He waited until Deccni-
bcr 1850, and then recommended arbitration
Of the fisheries dispute. The Senate responded
by passing Retaliation acts. The President al
hered obstinatey TO his own policy ana APP
pointed commissioners TO negotiate Il new FISH
cries treaty. This done after the Senate
had distinctly condemned the policy Of ncgotia-
ton and had presented retaliation as the proper
alternative. The names Of the commissioners
were not presented TO the Senate for coniirina-
ton although the negotiations began only Few
days before Congress rcasscmblcd. The Prcsi-
dent in that instance created new Offices init
atcd n policy in defiance Of the expressed Will
Of Congress- and usnrpcd powers which the
Senate had always jealousy guarded
The original appointment Of Mr.. Blount as
Paramount Commissioner was equally Objcc-
tionabc. All the arrangements were made de-
libcrately with view to dispensing with the
advice and sanction Of the Senate. The con-
duct of the Administration was disngenuo'is,
tricky and mischicvous, and merits as severe |
a rebuke from the Senate as the Illegal ncgo- 1
tation OF the Fisheries treaty received during /
Mr.. Clevelands first term.