Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/382

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374
CONSTITUTION OF THE U. STATES.
[BOOK III.

same body. It would enable candidates for office to introduce all sorts of cabals, intrigues, and coalitions into congress; and not only distract their attention from their proper legislative duties; but probably in a very high degree influence all legislative measures. A new source of division and corruption would thus be infused into the public councils, stimulated by private interests, and pressed by personal solicitations. What would be to be done, in case the senate and house should disagree in an appointment? Are they to vote in convention, or as distinct bodies? There would be practical difficulties attending both courses; and experience has not justified the belief, that either would conduce either to good appointments, or to due responsibility.[1]

§ 1522. The same reasoning would apply to vesting the power exclusively in either branch of the legislature. It would make the patronage of the government subservient to private interests, and bring into suspicion the motives and conduct of members of the appointing body. There would be great danger, that the elections at the polls might be materially influenced by this power, to confer, or to withhold favours of this sort.[2]

§ 1523. Those, who are accustomed to profound reflection upon the human character and human experience, will readily adopt the opinion, that one man of discernment is better fitted to analyze and estimate the peculiar qualities, adapted to particular offices, than any body of men of equal, or even of superior discernment.[3] His sole and undivided responsibility will naturally beget a livelier sense of duty, and a more ex-
  1. See The Federalist, No. 76, 77.
  2. Id.
  3. The Federalist, No. 76; 2 Wilson's Law Lect. 191, 192.