The morning times., 1895-12-08
USURPlTIOK OF POWER
Accusation Against Cleveland on
Account Of Nominations.
HAS CAST TRADITION ASIDE
Names Once Rejected by the Senate
Should Not Again Be Presented.
La wyers Criticise His
Action Recently IN Several Cases.

The denomination of United States At
torDey Marbury in Maryland, Postmaster
Tinsley Of Sioux Falls, S. D., and other
Federal officers who are dra wing salaries
from the government Notwithstanding their
formal rejection by the Senate has renewed
the rumors that an inquiry may be made
into the constitutional status of such Of
~ficials.
The majority Of opinions, so far as ex-
pressed, is TO the effect that rejection
by the Senate debars the President from
again presenting the same name for con-
firnatioD. While this point has not been
settled by the courts 1t has previously been
in force both by tradition and the usage
of all political parties.
Since the adjournment of the Fifty-third
Congress usage and tradition have been
cast TO the winds and men appointed to
office for the third time who have been
refused confirmation and who will doubt
less again be re jected.
TAKE HIGHER RANK.
There are many in this country who take
higher rank as constitutional lawyers than
President Cleveland. Ex-Senators Ed
munds of Vermont and Thurman OF Ohio
are among them.
Both OF these eminent constitutional law
violates the Constitution in appointing to
office man who has been rejected by the
Senate. There are several such cases which
will come up for early consideration in the
Senate.
The Constitution provides that the Presi-
dent shall have power, "by and with the ad-
vice and consent OF the Senate, to appoint
ambassadors and other officers of the Uni
ted States, whose appointments are not
hprptn otlerxyisa prnytdeI
The rejection OF a nomination by the SEN
ate is the Withholding or refusal of its con-
sent. That is as plain as anything can be.
President Grant made one appointment
where the nomination had been rejected,
and that led to such an outcry that there was
talk of his Impeachment. But when Mr..
Cleveland first came into office he began
at once TO appoint Men whom the Senate
had refused to confirm. Matthews, the col
orcd man, who was made Recorder of Deeds
III this District, after he had been rejected
by the Senate by a large majority, was
only one of the cases of that kind.
CASE OF TINSLEY.
The appointment of Tinsley for postmas-
ter at Sioux Falls, after he had been re-
jected by the Senate, was clear and delib-
crate case of the Presidents purpose to
disregard this constitutional provision.
He rad the commission Tor Tinsley made
out, leaving the date blank, before Con-
gress adjourned, and then signed it ON the
day of adjournment. Tinsley was rejected
by large majority two or three days be-
fore adjournment.
There are very eminent constitutional
lawyers in the Senate aud out of 1T who
maintain that this act of the President
is gross usurpation of power. They main
tain that, If the President can legally ap-
point a man for the same office for which
be has been rejected by the Senate, the
provision which requires the
advice and consent of the Senate is abso-
lutely nullified.
That provision would he of NO practical
value whatever, as the President could ap-
point ambassadors, Supreme Court judges,
army Officers and every other officer under
the government without regard to the Sen
ate.
He could make himself dictator very
easily under this construction of the Con-
There is probably not a lawyer
of any standing in the United States who
would sustain the legality of President
Cleveland's action.