New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-21


direction by the President to the Minister repre-
| tary of State as a precedent for the appointment
by the President Of the United states OF new
and Without Oi ihe Consent Of the senate defiance
not merely of the statute but OF me CONSTITUTION
semi-barbarous nations where IKE commission
ana 10 ascertain the terms on which treaty OF
peace might be made have been committed 10
tices Of the Supreme Court, with the consent of
the Senate. have exercised Ike junction: ,,.,o,
to the senae and think Gne b or senate To e'R wG
not in session. and the function expired before the
end Of the session
which have taken place in the present Admnlstra-
ton. and one two others have occurred In Presi-
nam nan s amd NJ ,ata IN ne@ot,ating The Fishery
the Senate In that class Of cases, the majority
proe ene invalid and Observation-Disclosures do not
propose now to discuss the question whether they
to say whether | should agree with them But
these FIVE INSIGNIFICANT prccedents' ana the one or
CURED during the Administration, Of the present
Executive have not the least relation or resem,
blance to the present case The person fngnggeI
his powers are analysed. to ascertain and report
perform no ocal act His function is u the
should bear dispatches or statistician VINO should
collect facts. lie can only converse with a IKE
a
known to that person what he thinks this Gov
eminent Will consent to. and report 10 ms own
ment viii consent TO- When he has agreed upon
signed and brought home the draft Of treaty
President Of the United States has received some
for b his tho and T must Says
the consent of the Senate. by a two-thirds vote
6s3Te San cr un any no single ep F h.
taken place toward it's validity So the precedents
which our friends on the other side clutch in their
not in the least help President Cleveland.
TIE PARAMOUNT" APPOINTMENT.
VIII anybody pretend that Mr. Stevens. the Min
ister-Resident at Honolulu could have been APP
pointed TO his office while the Senate was in sHs-
SION or could have continued to hold it. II APP
pointed In vacation. If there had been subsequent
session OF the Senate which had ended? do not
suppose the most capacious gullet OF any defender
OF the President would swallow such proposition
or the most capacous stomach OF any such person
would digest it, unless possibly some editor OF a
New-York newspaper Of foreign birth, not sup
posed to have much understanding either Of the
spirit letter OF the Constitution OF the United
States. Now If that be true. Will anybody stand
here and claim that the appointment OF person
authorized to exercise every function committed
to Mr.. Stevens. and mOre-paramount to him In
official authority and duty in every respect-ac-
credited to the same Government. the archives OF
the Legation open to him. the power TO command
naval vessel Of the United States expressly in
trusted to him. and. in the language OF Mr. |
Blounts instructions. your (his) authority in all
matters touching the relations OF this Government |
to the existing or other Government Of the Islands.
and the protection of citizens therein being |
Qs) paramount and in you (him) alone being ds) |
vested full discretion and power TO determine when
such naval forces should be landed or withdrawn"
may be appointed 10 n new Office without the al |
vice and consent Of the Senate?
Just carry this extraordinary doctrine OF as |
sumption into all other departments Of executive |
power. The President cannot appoint. when the |
Senate Is in session. Il Commodore Of the Navy or
a Major General in the Army without the con
sent and advice Of the Senate. But he may. un-
not be officer Of the United states 70 collect Tor
OF the Army. He might send such person. In
the case OF a foreign war, under a nag OF truce.
TO inquire OF the General of the opposing forces
upon what terms truce Of armistice or a safe
conduct might be agreed upon. But VIII any
body pretend that because he has right 10 cog, 90
that he might direct such person TO take com
mand Of the Army ana say to him ,hat ms @ S
should be paramount. and that In him alone Shouh
be res,ed a gsG b ana an9 mhethc
the military forces Of the United states should
y He may send a private agent Of his on board
a ship or feet to Inspect and report lie may II
he peases. send such person aboard snip or
ar 70 u gather Information in lime OF peace Hu,
serve and report upon the conduct OF hsn mil
one 10 be encouraged do not think that II such
a Thing had been done by George Washington. or
Andrew Jackson. or. General Grant. or President
Harrison, either Of them would maintain the place
in respect OF his country that he now holds But
tutona power But win ii be claimed that such
person might be sent on board man-of-war win
the direction that his authority to command the ship
or govern the fleet should be paramount; and mat
ties. was only TO render him such assistance as
might be In his power? Can the President Iut
Treasury and subject the money coin or bullion
which is the property Of ne United states TO MS
Mr. President the treasure Of the United states
Is in the keeping Of the Treasury The precious
ne' n acG the control G ot the keeper Of the mint
But the people Of the United States would be struck
authority OF private agent Of tn.
Executive. But the honor, the character and good
lions and Of all the civilized word--of the United
sod are OF c6mfed o G the ksns of pa
abroad They are officials especially
whose title and character defined by the an
Client legislation of the country They carry with
them the United States Of America wherever they
go. Their dwelling place. wherever In the civil
TED world ,e they MAY be- s for the e 9r ra hg
Other prsdctiop whaieyer They can be clothed
brief intervals-Ony by the authority of this body
AN ACT OF UsURPATIoN.
IF submit to this astounding and unhearl-of
the authority Of the Senate Itself over
a large part OF It's constitutional domain, Is aban
ioned and gone. One Of the trainers OF the Con-
StitutlOn, VINO had more 10 90 IMAM any otner
man with the conception and creation OF the Sen
ate declared soon after the Constitution adopt
ID that he esteemed the provision made for APP
pointments to Office 10 be Il matter Of very great
Importance, on which the liberties and safety Of
he people depended nearly as much on egisla-
ion. If that vested in the President alone. he
might render himself despotc. 1t was IL saying OF
me OF the kings Of England. THAT while one king
,ould appoint the bishops and judges he might |
nave what religion and laws he pleased" To give |
hat observation its full effect they must hold their
,fHces during his pleasure; by such appointments. |
without control. power might be gradually es- |
ablisheJ that would be formidable than a
standing army.
The Senator from Delaware CMr. Cray declared |
he other day that, In all foreign matters. he al |
Ways left craftsmanship behind him. have heard