The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-01-24
The Courtesy of the Senate.

The Courtesy of the Senate.
There is current in some quarters mis-
conception OF the purpose and Importance
Of the Senate's power Of confirming or re-
jecting the Presidents nominations to judi
cial and administrative Offices. The truth
lie that this function OF the Senate. and its
logical outgrowth. the difference paid to the
judgment OF those Senators presumably
best qualified to Judge Of the fitness of a
given nominee. are. next to the power over
the purse. the most necessary and effective
bulwarks against the Transformation OF our
Chief Magistrate into an elective monarch
clothed with autocratic authority.
1t has been maintained by some close
students Of our constitutional history that.
had our Revolution been effected and our
Constitution been framed in the reign OF
GEORGE II. instead OF in the reign of
GEORGE III. We should have had a parlia-
mentary rather than presidential govern
ment. In the reign of GEORGE III. the sys-
tenn Of government by Cabinet accounta-
BILE to the majority Of the House OF Com
mons seemed to be as firmly established as
it is now: and the appointing power was
delegated by that sovereign to the Prime
Minister as completely as it is now dele
gated by Queen VICTORIA. But with
GEORGE III. In 176o reaction had set In.
which was In full swing at the time our
Declaration OF Independence was issued.
and which apparently was triumphant
when our Constitution was framed. The
British Constitution. as 1t existed in 1884,
the Constitution whose checks and balances
the members Of the Philadelphia Conven-
tlon strove to reproduce. was q very differ
emit polity from that known to Sir ROBERT
WALPoLE. and from that with which Mr..
GLADSTONE is now conversant. GEORGE
III. had asserted and made good his
claim 20 dictate policies and to ap-
point Ministers and other high officers
Of State. without regard to the wishes OF
the popular branch OF the legislature
Moreover. the presence OF Prime Minister
like WILLIAM PITT in the House of Com
mons seemed to American onlookers detri-
mental rather than conducive to the FREQ
expression OF the peoples will. Therefore
1t was. that while the authors OF our Con-
stitution did not entirely withdraw from
our Federal Executive the power OF ap-
pointing to administrative and judicial
Offices. which they saw exercised by the
King in England. they took two precau-
lions against the abuse OF such authority
and influence. first, by denying to the mem
bers OF the Cabinet a seat in either House
OF Congress. and. secondly. by making the
Senate a co-trustee Of the appointing
power. In giving 1t the right TO confirm or
TO reject the Presidents nominations.
We can now see that the first OF these
precautions. although 1t seemed justified
A. Al,
PITT in overcoming an immense adverse
majority and converting the House OF Com
mons into an instrument OF the sovereign's
desires. was calculated IN the long run to
serve purpose contrary to that which the
Philadelphia Convention had in view. Tor
In an assembly not largely composed OF
members for rotten boroughs and not con-
trolled TO a great extent by patronage, like
the unreformed House Of Commons, but
elected 10y universal suffrage. like our
House Of Representatives.. Minister who
has vote and voice in that body. and is
thus led 20 explain and defend his policy.
will inevitably become accountable TO the
majority OF his fellow members. retaining
or resigning his office according as he meets
from them with approval or rebuke. Thus
1t has come to pass that supposed pre-
caution against the exercise OF powers
too autocratic by the Executive has ultl-
mately strengthened rather than weak
ened the President. for the members
OF his Cabinet being directly account
able TO him alone. may defy Congress. no
matter how unacceptable may be their pro-
Rramme. There remains. then. outside OF
the power OF the purse. which for its full
efficiency requires Ministers to be- respon-
sible to the legislature. no bulwark against
the abuse OF the Executive power except
the right OF confirming or rejecting nOmi-
nations. conferred with prophetic wisdom
on the Senate. But for this right. which the
Senate exercises In the name and for the
OF the people. American citizens
would be absolutely at the mercy OF Presi-
dents ignorance or wrOngheadednessi in the
matter Of administrative OF judicial ap-
polntments. So indispensable and So sa-
cred Is this confirming power that We do
not hesitate 10 say that. we're il not already
lodged in the Senate by the Constitution. a
revolution fo7 the purpose OF creating il
would he justified.
The moment the origin. purpose. and i'm
portance Of the Senate's confirming power
is recognized. the propriety OF the incidental
custom known as the courtesy Of the