her member of the government.
To this union of the Senate with the President, in the article of
appointments, it has in some cases been suggested that it would serve
to give the President an undue influence over the Senate, and in others
that it would have an opposite tendency--a strong proof that neither
suggestion is true.
To state the first in its proper form, is to refute it. It amounts to
this: the President would have an improper influence over the Senate,
because the Senate would have the power of restraining him. This is an
absurdity in terms. It cannot admit of a doubt that the entire power
of appointment would enable him much more effectually to establish a
dangerous empire over that body, than a mere power of nomination subject
to their control.
Let us take a view of the converse of the proposition: "the Senate would
influence the Executive." As I have had occasion to remark in several
other instances, the indistinctness of the objection forbids a precise
answer. In what manner is this influence to be exerted? In relation to
what objects? The power of influencing a person, in the sense in which
it is here used, must imply a power of conferring a benefit upon him.
How could the Senate confer a benefit upon the President by the manner
of employing their right of negative upon his nominations? If it be
said they might sometimes gratify him by an acquiescence in a favorite
choice, when public motives might dictate a different conduct, I answer,
that the instances in which the President could be personally interested
in the result, would be too few to admit of his being materially
affected by the compliances of the Senate. The POWER which can originate
the disposition of honors and emoluments, is more likely to attract than
to be attracted by the POWER which can merely obstruct their course. If
by influencing the President be meant restraining him, this is precisely
what must have been intended. And it has been shown that the restraint
would be salutary, at the same time that it would not be such as to
destroy a single advantage to be looked for from the uncontrolled agency
of that Magistrate. The right of nomination would produce all the (good,
without the ill.)(E1) (good of that of appointment, and would in a great
measure avoid its evils.)(E1)
Upon a comparison of the plan for the appointment of the officers of the
proposed government with that which is established by the constitution
of this State, a d
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