The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1894-02-02
MIR Eaton ON the Peckham Case.


Dorman b. Eaton writes u strong letter to
the N. Y. Times on tn situation at Washing
ton as represented by the rejection of nomi-
nation of Mr., Hornblower to the Supreme
Court and the fight that Is being made over that
Of Mr. Peckham. His words are strong but no
more SO than Is justified by foundation prin.
ciples. He says:
Mr.. Peckhsm has the highest qualifications
for being justice Of the supreme court. yet
his nomination has far q eatern Significance
tnan this fact gives 1t. 1t presents an issue
Involving the constitutional independence Of
senate. and counterpoise and stability OF the
nation itself - A nomination to Office
and appointment are two very distinct mat
ters, the former being complete before the
| latter exists.
| The nomination Ia to be the distinct inde-
pendent act of the president ai,ne. No seua.
tor IL given any power 10 say or do anything
ON the subject of q nomination. The sole
! function OF the senate Is to act ~ an aggregate
cody by advising or consenting to the prasi'
dents appointment, or by refusing to do 80.
The claim made by the senators from New
York 10 the case OF Hornblowe-- which
seems likelv to be repea ed In the case OF
Z, ckham-puts very different and utterly
unwarranted construction upon the cOnstitu.
ton, which would greatly enlarge the powers
Of senators and the functions OF the senate It.
self, aud would, const quently, In the same
degree, diminish the power and independence
OF the president and OF the whole executive
department.
The audacious claim is that, before the
president can properly make nomination
from any state, he must consult its senator's
which practically means that he must gain
their consent to the nomination.
The senators from each state are to be |
treated as the lords paramount of its patron
age, and. the president Ia to be but their mere |
agent for bringing their favorites before the |
senate.
1t Is better for the country that the vacan-
CIV IN the supreme court should remain uu-
filed for dec ,de than that he should sur
render to such claim. Public opinion will |
stand By him. as 1t did by President Garfield |
when the New York senators, ConklIng and
Platt, attempted to dictate presidential nom.
inatiOn.
II from the principle involved IN the con.
frmaton of Mr.. Peckham we turn to the
president aud to the two senators, who are to
lead the opposition to It. the attempted sena-
torial usurpation appears still more indefer-
sible.
TDese senators are generally believed to
have secured their election by reason OF such
q prostitution Of party power and Off :ta func-
lions as have never before discredited the
politics or defeated party In any state of the
union.
Tnis prostitution so disguised the better
elements Of their own party that many thous-
ands Of the most worthy Democrats In the
asst election reoudiated q scandaOus csndi.
late fer a Judicial offlce, of whose election
,hese senators we're the champions. Their
nd fensiBIe and vicious intermeding In that
lection brought defeat to their party and
rave New York Republican legislature.
These two senator's, therefore, represent
their state, not its Legislature,
lot their party, but mere defeated and dis q
raced faction In New York, which IL being ,
more and more discredited.
Neither Of them could be elected to any high !
fiji ce In their state: neither of them has any
landing save IN those mere partisan circle
ver which high pubIic opinion seems more
nd more likely to triumph.
nav no space for expressing my sense of
he grave mistake Republican senators will
make II they support the claims of the sena.
ors of New York IN the hope OF making T
aims by dividing party opponents. Ia
1t Is not 10 that way that they can Increase +.
be vote of their party In New York. Public u
pinOn will not permit any triflng with the 0
rave public interest involved In the nomina- q
ION of MIR Peckham, and the increasing 9
surpations OF the senate.
II the senate shall persist In attempting to o
)rce the President to submission In this mat b
,r, it Will De as badly beaten as IL was IN 1885 81
hen In like usurping spirit 1t attempted t.
ompel him to explain to the senate the u
rounds of his ON ;isl action as to matters In o
'hfch he IL, under the constitution, 5ndepen- q,
emit.