unity of
consultation with their associates, or of learning their
associates' opinions.
The Constitution provides, Article I., Sec. 6,
"No Senator or Representative shall, during the time for
which he was elected, be appointed to any civil office under
the authority of the United States, which shall have been
created, or the emoluments whereof shall have been increased,
during such time; and no person holding any office under the
United States shall be a member of either House during his
continuance in office."
It is, I suppose, beyond dispute that the intention of that
provision was to protect the members of the Legislative branch
of the Government from Executive influence. The legislator
was not to be induced to create a civil office, or to increase
its emoluments, at the request of the Executive, in the hope
that he might be appointed. He was to preserve his independence
of Executive influence, and to approach all questions in which
he might have to deal with matters which concerned the Executive
power, or Executive action, absolutely free from any bias.
This provision comes, with some modification, from the English
Constitution. The fear of Executive influence was in that
day constantly before the framers of the Constitution and
the people who adopted it. Roger Sherman, in his correspondence
with John Adams, says that he "esteems the provision made
for appointment to office to be a matter of very great importance,
on which the liberties and safety of the people depend nearly
as much as on legislation."
"It was," he says, "a saying of one of the Kings of England
that while the King could appoint the Bishops and Judges he
might have what religion and laws he pleased."
I think that sooner or later some emphatic action will be
taken, probably in the form of a declaratory resolution,
which will put an end to this abuse. But there will always
be found men in either branch who desire such honorable employment.
They will be men of great influence. There are also frequently
men of personal worth who always support whatever the President
of the United States thinks fit to do, and trot or amble along
in the procession which follows the Executive chariot. So,
if any President shall hereafter repeat this attempt it will
require a good deal of firmness to defeat it.
Senator Morgan of Alabama made a very bright comparison of
the relation to the White House of some very worthy Senators
to that of the bird
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