Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-03-08
noubI~ rxerci.e OF Power.

INT contest between the President and
Senator Pettigrew as to the appointment
of q postmaster at Sioux Falls, South
Senate has. of course. the right to refuse
to confirm the nomination OF any person
nominated to that body by the President.
The question at issue In the case before
US IL the right Of the President to re-
appoint a rejected nominee after the
Senate has adjourned.
There is no party question involved.
Mr.. Pettigrew is a Republican. but he is
q senator, and every senator claims that
as a matter Of courtesy his home post
master must be acceptable to him, how
ever 1t may be as to the rest Of the post
masters In his State. For example, under
this rule of courtesy the postmaster at
Lynchburg must be acceptable to Senator
Daniel, but need not be to Senator Mar
tin. So as to the latter's home postmas-
ter. He must be acceptable to Senator
Martin, but need not be to Senator
Daniel. There Is nothing In the Constltu-
ton upon which to base this question
of courtesy. but senator's nevertheless
cling to 1t.
1t would seem that II the senators have
the right to add q new feature to thu
Constitution, the President has a Ger
responding right. II the senators may
make 1t a law Of the Senate that ever!
senator's home postmaster must be ap
pointed by and with his advice and con
. =
law OF his own that as soon as the Sen
| ate adjourns he may reappoint nominee
| rejected by the Senate whilst in session
| This argument leads to the conclusion
| that in the case before us both the Presi
| dent and the Senate are wrong.
l Let US examine the Constitution.
reads az follows:
The President shall nominate. and D.
and with the advice and consent Of tn
Senate shall appoint, all officers o
the United States whose appointment
l are not herein otherwise provided 10
/ and which shall be established by law"
THE President shall have power I
flil I'D all vacancies that may happe
during 1.-THE recess Of the Senat~ by gran,
ing commissions, which shall expire q
the end Of the next session"
8. d. Tinsley Is the gentleman whor
the President has twice nominated to tn
Senate for postmaster at Sioux Falls
He was nominated during the second SEES
sion Of the Fifty-third Congress. but hi
nomination was not acted upon, Nm
lapsed, and he was again nominated, bu
was rejected by a very large majority.
But the President has again given {
Mr.. Tinsley recess appointment. an
this appointment will hold good until tn
Senate shall act upon his case whic
viii be Of course after the first Monda
In December next.
The President has two presidents 70
his action--one made by President Gran
and the other by President Harrison
| Notwithstandin these precedents. Presi
dent Cleveland will hardly be sustaine
in the Tinsley case. 1t would seem this
legislation on this subject Is needed; 10
az some OF the senator's contend. the az
tion of the President In the Tinsley cas-
amounts to q notification OF that Pre-
vision Of the Constitution which provide
for the consent OF the Senate to all sue
appointments.
Finally. we must add that the Presider
II 20 good q constitutional lawyer an
| 20 strict q constructionist Of the Const
| tuition that he doubtless studied tn
questions involved in the Tnsley cas-
before he determined TO follow the cours
he took In that case.