Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/391

appointment of such inferior officers, as they may think proper, in the president, in the courts of law, or in the heads of departments. The propriety of this dis-

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friends, and diminish their opposers. Suppose such parties formed in the senate, and then consider what factions, divisions, we shall have there, upon every nomination.
"'7. The senate have not time. You are of opinion, "that the concurrence of the senate in the appointment to office will strengthen the hands of the executive, and secure the confidence of the people, much better than a select council, and will be less expensive," but in every one of these ideas, I have the misfortune to differ from you. It will weaken the hands of the executive, by lessening the obligation, gratitude, and attachment of the candidate to the president, by dividing his attachment between the executive and legislature, which are natural enemies.
"'Officers of government, instead of having a single eye, and undivided attachment to the executive branch, as they ought to have, consistent with law and the constitution, will be constantly tempted to be factious with their factious patrons in the senate. The president's own officers, in a thousand instances, will oppose his just and constitutional exertions, and screen themselves under the wings of their patrons and party in the legislature. Nor will it secure the confidence of the people; the people will have more confidence in the executive, in executive matters, than in the senate. The people will be constantly jealous of factious schemes in the senators to unduly influence the executive, and of corrupt bargains between the senate and executive, to serve each other's private views. The people will also be jealous, that the influence of the senate will be employed to conceal, connive, and defend guilt in executive officers, instead of being a guard and watch upon them, and a terror to them—a council selected by the president himself, at his pleasure, from among the senators, representatives, and nation at large, would be purely responsible—in that case, the senate, as a body, would not be compromised. The senate would be a terror to privy councilors—its honor would never be pledged to support any measure or instrument of the executive, beyond justice, law, and the constitution. Nor would a privy council be more expensive. The whole senate must now deliberate on every appointment, and, if they ever find time for it, you will find that a great deal of time will be required and consumed in this service. Then the president might have a constant executive council; now he has none.
"'I said, under the seventh head, that the senate would not have time. You will find, that the whole business of this government will be infinitely delayed, by this negative of the senate on treaties and appointments. Indian treaties and consular conventions have been