The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-20

and thereafter he dated his con1mun1-
cations not from New York, but from
the United States" His last execu-
tive communication from New York
was dated Sept II, and his first from
the United States" was dated Sept. l6,
1889.
The nomination Dec %, 1871, Of Gov.
Morris, of New York, to be minister Of
France; of Thomas Pinckney, Of South
Carolina, to be minister of London; and
Of William Short, of Virginia, to be
minister to the Hague; led to the pro-
longed contest in the senate on mo-
ton that in the opinion Of the senate
il would not be for the interest of the
United States to appoint ministers plen-
foreign courts" but In the END the
nominations were all confirmed.
1t would appear occasionally that
washington found it desirable Ito turn
the rascals out" for occasionally IN
their records of nominations is such
line as this: John Armistead, to be
surveyor of the port Of Plymouth, IN
North Carolina, vice Thomas DAVIS
Freeman, suspended and in the army,
cashiered." If the Father of His
Country could not tell lie he could
make a mistake now and then, as wit
ness his own confession in this letter:
United States, Feb. Is, 179S-Gentlemen OF
the Senate: l was led by consideration OF
the qualifications of William Patterson, OF
New Jersey, to nominate him an associate
Justice of the supreme court OF the United
States. 1t has since occurred to me that ne
was a member OF the senate when the Id"
creating that Office was passed, ana that the
time for which he was elected is not yet
expired. 1 think it my duty, therefore, 10
declare that l deem the nomination 10 nave
been null by the Constitution
Modern T1reCideptS constantly violate
the constitution and with .impun1ty
The organic law provides that the
president shall make certain appoint
ments with the advice and consent OF
the senate" The appointments still
require the consent Of the senate,
but it has been many long day since
q president has respected the consul
tuition by requesting the advice, or
the senate. AS a matter of fact, Pres
ldent Cleveland made many appoint
ments and held his men in office,
without the consent" of the senate.
AS a well-known example, he appoint
ed colored man, named Matthew's,
to be recorder of deeds for the District
of Columbia when the senate was not
in session. When Matthews was re
jected by the senate, he held the once
just the same, until the senate ad-
journed, when Cleveland again ap-
pointed him.
In the case Of David G. Browne, who
was made collector of customs for
Montana, President Cleveland held
him in office for three years, although
the senate declined to confirm his
nomination This was because one
senator alone prevented action in the
case. Nevertheless, it was not in ac-
cordance with the spirit of the con-
stitution, as it was understood by
Washington.
To prove this assertion, we may turn
to the published executive journal and
ascertain that one of the first nomina-
tons which Washington sent to the
senate was that of a gentleman to
take charge of the affairs of the
United States at the court of France,
during the absence from there of our
minister, Mr.. Jefferson. who had ap-
piled for permission to return home
for a few months. In his message
Washington said: For this purpose
request your advice on the propriety of
appointing him. A decision in the
senate as to whether nominations
should be voted upon by ballot OF by
viva Voce was decided in favor of bal
lot and on June Is, 1889, the senate re-
solved to advise and consent to the
appointment of Mr.. Short, and the
resolution was ordered to be trans
mitted to Mr.. Jay for communication.
The secetary to the president never
goes to the senate now-a-d days. On
the contrary, for many years an ex-
ecutive clerk has delivered to the sen
ate all messages from the White
house. o. L. Pruden, who was pri
vate secretary to President Hayes,
fulfills that function.
1t Is recorded that on Aug. 8, 1889.
Mr. Lear, the presidents private sec
etary, first appeared as the presidents
messenger to the senate. He con-
Veyed the nominations of a number
Of collectors, naval officers, and sur
veyors; and as several applications
for appointments had been addressed
conjointly to the president and the
senate, the president at the same time
sent all such applications to the SEN
ate for their information. When these
nominations were confirmed the action
Of the senate was communicated di-
rectly by the secretary of the senate
to the president of the United States
instead of through the head of the
department. as in the previous case of
Mr.. Short.
The president of the United States
never visits the senate chamber, al
though 1t was contemplated by the
constitution that he should do so.
George Washington understood the
constitution and was imbued with its
letter and spirit The senate journal
for Aug. %, 1883, contains the following
entry:
1.-The president of the United States
came into the senate chamber attend
ed by Gen. Knox, and laid before the
senate the following state of facts,
with the questions thereto annexed for
their advice and consent"
The state of facts related to the trou-
blesome Indian problem. On Monday,
Aug. %, 1889, the president was also
present in the senate chamber, attend
ed by Gen. Knox, of the war Office,
while the senate discussed and voted
upon various questions involved in the
negotiations with the Indians.
When President Mckinley was inau-
gurated he received the oath of Office
and delivered his address from the SEN
ate wing Of the capitol, because the
senate committee on rules decided that
the Inauguration of the president was
an executive function. That was usur-
patory and violatiye of the spirit of
the constitution, as it was understood
by the founders of this republic.
1t is recorded in the executive jour
nal of the senate that when the time
came for John Adams to take the oath
of office as president, 1t was done in the
hall of the house of representatives in
stead of the senate chamber, which
had been employed by Washington. 1t
is noticeable that in enumerating the
dignitaries present on the occasion of
Adams Inauguration the official record
alludes to 1.-The great and good Wash
ington" In Adams inaugural address
| there is one sentence which contains
| five times as many words as Washing
| tons entire speech four years before,