The times., 1899-12-20
Edmund. ON Recess AppoIntments.

Edmunds on Recess Appointments.
II is so seldom that We can conscien-
tously agree with anything said or done by
former Senator Edmunds that when an ex-
czptlon occurs. a sensation of surprise if
nc- alarm is instantaneousIy produced, and
it is trying to the nerves. Perhaps it is
wrong to feel astouishment in connection
with any human event, taught as we are
that the unexpected viii happen with the
inexorable> certainty of death and the gas
bill; but mankind is weak and easily star
tied as when Hanna quotes Scripture, Or
we discover George T. Edmunds in the act
OF defending the Constitution, and the few
surviving rights and privileges Of Congress
under its terms. We shall not stop to an
swer the natural objection that, doubt
less. he does it for a fee, pToportioned to
the vastness Of his intellect and the strain
upon his cultivated taste; the principle is
the same.
To the point then. In his strong and con-
vincIng argument against the right of the
Hon Matthew S Quay 10 a seat in the
Senate, under an appointment by the Gov
eruor Of Pennsylvania, made Immediately
after It's Legislature had refused to elect
Mr. Quay. Mr. Edmunds maintained that,
as the vacancy occurred during the ses-
sion Of the Legislature and not during a
recess. the Governor was estopped from
making the appointment. This reasoning
is good, but not new. We refer to il only
by way of introduction TO something else
which is good, and, as far as concerns re
cent discussions OF The question, also new.
Mr. Edmunds declared that authority to
make public appointments, in excess of the
legal Executive power OF appointment, was
being frequently and dangerously usurped
both in the States and the nation He par
ticularly referred TO the practice OF recent
Presidents OF the United States, who have
often made recess appointments Of persons
whose confirmation had been previously re-
fused by the Senate. When we consider
the right Of the body 10 a veto upon all
appointments within the class as to which
the law compels the President TO secure its
consent il is difficult to reach any other
/ conclusion than that in every case where
the positive action Of the Senate is ignored
by the Executive, and person it has re-
jected during the session is given a
recess appointment, the act is In conraven-
tiou Of the clear intent and meaning of the
Constitution, though. perhaps, not unques-
tionably in violation OF its exact terms.
Section 2 Of Article II Of the Constitution
says.
lie shall have power, by and with the advice
and consent of IHc Senate, TO make treaties
provided twO-thiris OF the Senators present CON
advice and consent Of the Senate shall appoint am
bassad0ys. other public ministers and C6Hsuls
Judges gf the supreme Court. and all other Of
nCefs ut the United States whose appointments
1 are not herein otherwise provided for.
It is very plain that the trainers OF the
! Constitution did not contemplate such a
4 possibility as that oGces coustiuuonally 10
be filed by the Executive only, by and
with the advice and consent of the Senate, "
1 would ever be filed with persons whom the
/ Senate. on its advice and consent having
/ been sought. had found unfit and had re-
I jected. II such an impossible idea had oc-
CURED to the Constitution makers, they
! would have settled the matter by a verbal
! qualification of the paragraph which gives
4 the President power to fill up all vacancies
thar may happen during the recess Of the
! Senate" But evidently they did not con
! slider such e thing necessary. 1t is appar-