The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-02-15
MONDAY, FEB. is, 1904.
"WITH THE ADVICE AND CON-
SENT"


The struggle between the United
States senate and the president for SUI
preme influence in national affairs goes
steadily on, regardless Of who may be
the inmate of the White house at any
particular time, and of the rise and
fall of parties. Just now the Repub-
hcan senators, who surely have moth
ing to complain of in the matter of
patronage, are even more earnest than
Democrats in asserting and UNFOLDING
their alleged rights against the execu-
tive. They find fault with Cleveland
and Mckinley for their independence,
and are equally inclined to grumble
with Mr.. Roosevelt although Of late
he has bartered everything in sight for
assurances of senatorial support.
The conflict is, indeed, an ire
pressible one. When the trainers of
the constitution decreed that persons
who fill important offices should be
appointed by the president, with the
advice and consent of the senate" they
could not foresee the embarrassments
of this dual control. That was before
the time of the doctrine about the VIC
tors and the spells. The lines of d.
vision between the three departments
of government were carefully drawn
with a view to their absolute separa-
ton and independence. In the filling
of high offices, however, there was this
overlapping of control which has been
cause of steady conflict almost ever
since.
The senate has this advantage in it's
struggle with the executive, that it is
to all intents and purposes a perpetual
and continuing body, while the presi-
dent changes every four, or at least
every eight years. The traditions of
the senate remain. AS only one-third
of its members change every two
years, and as a large proportion Of
senators are reelected, its ideas and
its policies are as steady almost as If
Its members held by life tenure. The
fixed purpose Of the senate Is to be-
come absolutely Independent of the ex-
ecutive. It's advice and consent" 1t
means to turn into an effective power
of original appointment. It has fought
out. this fight with every president and
probably will continue to do so indef-
nitely.
The independence of the executive
on his side is absolutely secure if he
has no personal ends to serve. The
president who does not have to mr.
chase senatorial support for some poll
cy OF his own Or for his denomination
can snap his fingers at the autocrats
of the upper house. After all that is
said and done. the power of appoint
ment rests with him. He can name
men to office and wait for their con-
firmation or rejection by the senate
If the senate rejects. he can name them
over again. He can drag the matter
along until congress adjourns and then
appoint his own candidate; and the
appointment holds good and the salary
is paid during the congressional re-
cess.
The presidents appointees may
never be confirmed, may never secure
full title to the office, but in the mean
time the power of the senate, as will
be seen, is strictly negative. 1t can
veto, but it cannot select. Senator's.
being like other mortals, anxious TO
provide for their friends with at least
some future political assistants whose
reward IS vital to them, they will in
variably propose compromise very
soon. For the sake of being allowed to
name the incubments of future impor-
Iant place, they will agree to leave the