In one instance, which I cite as a sample of the general spirit, the temerity has proceeded so far as to ascribe to the President of the United States a power which by the instrument reported is expressly allotted to the Executives of the individual States. I mean the power of filling casual vacancies in the Senate.
This bold experiment upon the discernment of his countrymen, has been hazarded by a writer who (whatever may be his real merit) has had no inconsiderable share in the applauses of his party;[1] and who, upon this false and unfounded suggestion, has built a series of observations equally false and unfounded. Let him now be confronted with the evidence of the fact; and let him, if he be able, justify or extenuate the shameful outrage he has offered to the dictates of truth, and to the rules of fair dealing.
The second Clause of the second Section of the second Article empowers the President of the United States "to nominate, and by and with the advice and consent of the Senate, to appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of United States, whose appointments are not in the Constitution otherwise provided for, and which shall be established by law." Immediately after this Clause follows another in these words: "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." It is from this last provision that the pretended power of the President to fill vacancies in the Senate has been deduced. A slight attention to the connection of the Clauses, and to the obvious meaning of the terms, will satisfy us that the deduction is not even colorable.
The first of these two Clauses, it is clear, only provides
- ↑ See Cato, No. V.—Publius.
