The evening times. [volume] (Washington, D.C.) 1895-1902, 1898-01-27
MCKINLEY AND THE SENATE.
The President Fortunate in Having
His Nominations Confirmed.

Ii is a remarkable fact that the
United States Senate has not yet re-
jected any nomination for office sub
| mitted to it since the fourth of March.
/ Up to the close of the week ending
January % President Mckinley had
sent in 2,340 executive messages con-
tanning nominations. The names of
consuls, Presidential postmasters, etc,
are submitted one in each message,
while of Army and Navy nominations.
each message contains usually more
than one and sometimes as high as
fifty. Hence the 2,340 messages proba-
/ bly, represent about 5000 appointments.
1t would be somewhat remarkable
( FOR any President to succeed in select
/ ing 5000 absolutely fit men for as many
! public offices, but unfortunately that
! is no longer what the approval of the
Senate means. Confirmation has de-
! generated into a device by which the
party bosses in the Senate are enabled
TO compel the President to play fair"
with them in dividing up the spoils.
No one suppoSes that there were five
Republican Senators VINO really be-
lieved at heart that Mr.. Saylor was
just the man to represent the United
states Government as consul at Ma
tanzas, but his prompt confirmation
simply meant that MI. Quay was sat
isfed with the way the plums were
dropping; and by reciprocal arrange
ment, when other Senators join in vot-
ing to confirm the nomination of one
of his friends, he will do as much for
them when their turns come.
Ii should not be inferred that Presi-
dent Mckinley's appointments are all
giving satisfaction, even to the whole
OF his party. The anti-Platt Republi-
cans have been in distress ever since
the fourth Of March over the practical
surrender of the President TO the New
York State boss. The anti-Quay Re-
publicans from Pennsylvania have been
very unhappy. They have sent dele
cations here several times to protest
against notorious appointments. They
tried last week to head off the con-
firmation of Mr. Saylor, for whom Mr..
Quay asked a consulship. since he must
needs be 'vindicated," and could not
stand before the electors of his Penn
! sylvania district. In appointments like
this no attempt is made obviously TO
give general party satisfaction. for this
would be impossible. but il is evident
ly the Presidents plan TO secure the
approval of those party leaders who are
in the United States Senate, and who
III CONSEQUENCE. Dt tAHtCltu lp
have something to say at the National
Republican Convention in 1900. In this
he has been extraordinarily successful.
1t is doubtful whether any President
before Mr.. Mckinley has been so long
in office without the rejection of any of
his nominations.
In still another way the Senatorial
confirmation seems to have fallen away
from the intention Of the trainers of
the Constitution. 1t is quite possible
for a President TO appoint and keep
man in office without confirmation by
the Senate. This would not generally
be resorted to for the larger positions.
but President Cleveland, when he found
the Senate incorrigible, established a
precedent which shows what might be
done. The Constitution says, in arti-
Gle H., section 2, paragraph 3: The
President shall have power to fill up
all vacancies that may happen during
the recess OF the Senate, by granting
commissions which shall expire at the
end Of their next session" Under this
rule the practice of recess appoint
ments' has grown up. and man may
apparently be continued in office in
definitely as recess appointment"
The most remarkable case in the
Cleveland administration was probably
that OF Mr.. A. ID. Tinsley who was
postmaster at Sioux Falls, 5. ID. Not
only did the Senate twice fail to con-
firm him. but il once absolutely reject
ed him, and yet Mr.. Tinsley held the
office and drew his salary until he got
ready to step out. He was first NOM
mated in April, 1894. when the Senate
was in session, but, on account of its
failure to confirm him. he was unable
to take possession of his office until the
end of the session. when he received a
commission as a recess appointment
The Senate, at the second session,
reached a vote and rejected him. Sioux
Falls was Senator Pettigrew's own
town. and he declared that Mr.. Tinsley
was obnoxious to him. Senatorial cour-
tesy was involved. When the actual
vote was taken in the chamber il stood
- to in favor of Tinsley's confirma-
ton, but Pettigrew had secured enough
proxies from Senators who were absent
"a practice which prevails in exec
utive sessions-to defeat his foe. Presi-
dent Cleveland was persistent, and
gave Mr.. Tinsley another recess APP
pointment at the expiration of the ses-
sion, and this time the Senate failed
to act. A third time he was likewise
appointed.
This case was unusual because Tins |
ley was once actually rejected; there I
were several cases. however, where /
President Cleveland kept men in office (
upon whose nominations the Senate had /
failed to act. which is usually regarded /
as amounting to the same thing. Mr.. /
for instance, was retained as 1
district attorney in Maryland, though .
Mr.. German succeeded in preventing 1
The auditing officers OF |
the Treasury paid the salaries in such /
cases. which sustained the legality of 1
the proceedings. The only nomination
in this Administration which has come
dangerously near rejection by the Sem
ATE is that of Charles Page Bryan, of
Illinois. who was originally selected for
Minister to China.