Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/416

§ 1548. Another question, growing out of appointments, is, at what time the appointee is to be deemed in office, whether from the time of his acceptance of the office, or his complying with the preliminary requisitions, (such, as taking the oath of office, giving bond for the faithful discharge of his duties, &c.) or his actual entry upon the duties of his office. This question may become of great practical importance in cases of removals from office, and also in cases, where by law officers are appointed for a limited term. It frequently happens, that no formal removal from office is made by the president, except by nominating another person to the senate, in place of the person removed, and without any notice to him. In such a case, is the actual incumbent in office de facto removed immediately upon the nomination of a new officer? If so, then all his subsequent acts in the office are void, though he may have no notice of the nomination, and may, from the delay to give such notice, go on for a month to perform its functions. Is the removal to be deemed complete only, when the nomination has been confirmed? Or, when notice is actually given to the incumbent? Or, when the appointee has accepted the

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sufficient, for it is the final act required to be done by the president. But, in point of fact, the seal is not the seal of the president, but of the United States. The commission, sealed by the president, is not his deed; and it does not take effect, as his deed. It is merely a verification of his act by the highest evidence. The doctrine, then, of deeds of private persons, at the common law, is inapplicable. It is painful to observe in President Jefferson's writings, the constant insinuations against public men and public bodies, who differ from his own opinions or measures, of being governed by improper or unworthy motives, or mere party spirit. The very letters here cited (4 Jefferson's Corresp. 75, 317, 372) afford illustrations, not to be mistaken; and certainly diminish the value, which might otherwise be attributed to his criticisms.