The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-01

Ths Asuss OF Ruesutivs AutAority Must
Ne Permitted 60 40 No Farther.

| seen that II would be Objectionable to the New
York Senators II plainly appears that he
| was selected for this reason. and not because
he possessed qualities OF mind a1d heart that
! marked him as superior among other m en- oil
| his profession. Even were he the most de-
sirable man In the country for the bench. the
| fact that he was selected for reasons that
| were secon dairy to that would make his nomi-
nation still deplorable.
We notice that one defence Of IL IL that the
President was forced to make q nomination
that was disaGreeable to the New York SEN
ators In order to resist Senatorial dictatorship,
| and ultimately a surrender OF the Executive
| authority to the confirming authority in the
matter OF appointm ents to Office II this IL a
sound proposition. then II becomes the duty OF
the Senate to throw out Mr.. peckham in order
| to resist Executive dictatorship. So far as any
attempt has been made to assert n dictator
ship, honors are easy. and IL is at this point
that the dignity OF the Supreme Court comes
In for consideration. The Constitution di-
'ded the authority OF making appolntm ents
to Office. enacting treaties, laws. &C.. between
the legislative and executive departments. in
order that virtual Dictatorship would be Inn
possible. IL was foreseen that the temptation
to act independently would present ITSELF and
the trainers OF the Constitution therefore
placed an obstacle in the way Of its success
full operation. We cannot under the circum-
stances, then. yield to the President the right
to mako nominations that are mado because
they are Questionable to tho confirming pow
er without yielding to the confirming power
the right to reject them as fast as they are
made. Under any other conditions there
would be nothing tangible whatever TO inter.
pose between the schemes OF q President to
become dictator and the right OF the people
to be protect ell again at them.
This understanding OF the separate powers
OF the appointing and confirming power does
not concede that the President is bound TO
accept the advice OF the Senators represent
ing q State from which appointees are taken.
1t simply lays down the proposition that the
President should not deliberately and mali
ciously disregard their wishes. and go out Of
his way to harass them. This Is what Presi-
dent Cleveland did when he nominated Mr..
Pockham to the supreme bench. and II was
ineIcusable whatever one may think Of Sena-
tor Hilrs and Senator Murphy's political views
and methods. They are the representatives OF
New York State and answerable to .helT con
stituency. not to the President. Tho whole
proceeding has been ingeniously undig niled,
and is to be deplored.
Hop, n, Chicroo H.-uh
When the makers OF the Constitution pre-
scribed that the President should have tho
advice" OF the Senate In the appointment OF
Judges OF the Supreme Court. 1t was clearly
not their intention that the Senate should be a
mere registering board for tho personal pref
erence Of the President without regard to fit.
ness or wisdom in the proposed appointment.
Advice" means something more than formal
or porfunctory consent. The man to be placed
on the vacancy In the Supreme Court should
be young enough to serve the country for
many years. for frequent changes on that
bench are against public welfare: he should
be chosen not for his exclusive ceptabilitv
to one portion OF the appointing power but for
qualifications that will commend him to the
other divisions Of the appointing power. and
the Constitution is explicit In Affirming that
the Senate shall have equal voice with the Ex-
ecutiye In the appointment Of Supreme Judges.
The quarrel between the Executive and tho
Senate over the supreme Court vacancy does
not arise. however, from difference OF politc1.
IL the majority OF the Senate were Republican.
II would have the unqusstionablo right to
scrutinize any nomination sent In by the
President. 1t would not he justified In reject
ing an otherwise TT appointment on account OF
difference In politics. nor Is It likely that
this phase OF controversy would arise.
The essence OF tho dispute is between the
President and the representatives OF his own
party In the Senate Those representatives
are as legally in their office as he in his. They
are entitled to their equitable share OF respon-
sioility In selection OF "a supreme Court Judge
They would not be entitled to deny the FRESH
dent the privilege OF choosing Tor his Cabinet
or for other privileged executive ofIlces recog-
nlzed as personal to him whom he pleased 10
name. provided no serious personal objection
could be shown to exist, The President has
committed serious error OF judgment In
raising this controversy In the case OF Judge
m "a haf ha Iaf.
as personal and exclusive privilege.
His first nominee was Objectionable without
regard TO politics. His second nominee 10 |
more questionable because he lack9 the pro-
fes'ional experience to it him for the bench. |
because. being over 80. he Is too old TO learn |
anything OF public value. but still more be-
cause he has been chosen for merely parochial |
reasons. Mr.. PecF ham ought to be rejected. |
The President should then name an eminent |
jurist whose qualifications will he paramount. |
The Senate will DO bound to confirm him.
From ne Phh,LaU TY,ar.
There Is scarcely any doubt but that the |
Senate will reject Mr.. Peckham even more |
emphatically than they did Mr.. Hornbiower.
II looks ms II President Cleveland had made |
the nomination an aTront TO Senators Hill |
and Murphy pure and simple. This is in
deed. poor return for the magnificent and pa |
lriotlc work Senators Hill and Murphy did In |
aiding his election. This friends Of Messrs. |
Hin and Murphy have remained Iassive under
tho insults heaped upon them. They have ut
tered few words OF criticism. they have done
nothing to hinder the cause OF the Admins
ration. they have given President Cleveland
and his followers every opportunity TO heal
matters up and preserve the party intact.
Cleveland has chosen not only TO ig-
more all these things. but has gone out OF his
way on all occasions to humiliate the New
ork Senator'S
Mr. Feckham is not Democrat. He has
never supported Senator Hill. He was a sup
porter OF Warner Miller when he ran for Gov
srnor. he openly fought tho Democratic noui-
lees In the last campaign. aud he has been
me OF the foremost workers in every so-callcd
reform movement against the Democratic
nartY that has been inRuguTated in New York
or years. II President Cleveland proposes 10
continue to give the rewards Of victory to such
y he then 1t is time that not only the friends