as possible, an intimate knowledge of the capacities and characters of his fellow citizens; to disregard the importunities of friends; the hints or menaces of enemies; the bias of party, and the hope of popularity. The latter is sometimes the refuge of feeble-minded men; but its gleam is transient, if it is obtained by a dereliction of honest duty and sound discretion. Popular favour is best secured by carefully ascertaining, and strictly pursuing the true interests of the people. The president himself is elected on the supposition, that he is the most capable citizen to understand, and promote those interests; and in every appointment he ought to consider himself as executing a public trust of the same nature. Neither should the fear of giving offence to the public, or pain to the individual, deter him from the immediate exercise of his power of removal, on proof of incapacity, or infidelity in the subordinate officer. The public, uninformed of the necessity, may be surprised, and at first dissatisfied; but public approbation ultimately accompanies the fearless and upright discharge of duty."

§ 1528. It was objected by some persons, at the time of the adoption of the constitution, that this union of the executive with the senate in appointments would give the president an undue influence over the senate. This argument is manifestly untenable, since it supposes, that an undue influence over the senate is to be acquired by the power of the latter to restrain him. Even, if the argument were well founded, the influence of the president over the senate would be still more increased, by giving him the exclusive power of appointment; for then he would be wholly beyond restraint. The opposite ground was assumed by other persons, who thought the influence of the

senate over the president would by this means become dangerous, if not irresistible.' There is more plausibility in this suggestion; but it proceeds upon unsatisfactory reasoning. It is certain, that the senate cannot, by their refusal to confirm the nominations of the president, prevent him from the proper discharge of his duty. The most, that can be suggested, is, that they may induce him to yield to their favourites, instead of his own, by resisting his nominations. But if this should happen in a few rare instances, it is obvious, that his means of influence would ordinarily form a counter check. The power, which can originate the disposal of honours and emoluments, is more likely to attract, than to be attracted by the power, which can merely obstruct their course.2 But in truth, in every system of government there are possible dangers, and real difficulties; and to provide for the suppression of all influence of one department, in regard to another, would be as visionary, as to provide, that human passions and feelings should never influence public measures. The most, that can be done, is to provide checks, and public responsibility. The plan of the constitution

1 A practical question of some importance arose soon after the constitution was adopted, in regard to the appointment of foreign ministers ; whether the power of the senate over the appointment gave that body a right to inquire into the policy of making any such appointment, or instituting any mission; or whether their power was confined to the consideration of the mere fitness of the person nominated for the office. If the former were the true interpretation of the senatorial authority, then they would have a right to inquire into the motives, which should induce the president to create such a diplomatic mission. It was after debate decided by a small majority of the senate, in 1792, that they had no right to enter upon the consideration of the policy, or fitness of the mission. 5 Marshall's Life of Washington, ch. 5, p. 370, note. But the senate have on several occasions since that time decided the other way; and particularly in regard to missions to Russia and Turkey.

2 The Federalist, No. 77.

seems as nearly perfect for this purpose, as any one can be; and indeed it has been less censured, than any other important delegation of power in that instrument.1

1 Whether the senate should have a negative on presidential appointments, was a question, upon which the members of the convention were much divided. Mr. John Adams (afterwards president) was opposed to it; and a friendly correspondence took place between him and Mr. Roger Sherman, of Connecticut, (one of the framers of the constitution,) upon the subject. I extract from Mr. Pitkin's valuable History of the United States, the substance of the arguments urged on each side, as they present a general view of the reasoning, which had influence in the convention.

"To some general observations of Mr. Sherman in favour of this power in the senate, Mr. Adams made the following objections.

"The negative of the senate upon appointments,' he said 'is liable to the following objections.

"1. It takes away, or at least it lessens the responsibility of the executive - our constitution obliges me to say, that it lessens the responsibility of the president. The blame of an hasty, injudicious, weak, or wicked appointment, is shared so much between him and the senate, that his part of it will be too small. Who can censure him, without censuring the senate, and the legislatures who appoint them? all their friends will be interested to vindicate the president, in order to screen them from censure; besides, if an impeachment is brought before them against an officer, are they not interested to acquit him, lest some part of the odium of his guilt should fall upon them, who advised to his appointment?

2. It turns the minds and attention of the people to the senate, a branch of the legislature, in executive matters; it interests another branch of the legislature in the management of the executive; it divides the people between the executive and the senate: whereas all the people ought to be united to watch the executive, to oppose its encroachments, and resist its ambition. Senators and representatives, and their constituents-in short, the aristocratical and democratical divisions of society, ought to be united, on all occasions, to oppose the executive or the monarchical branch, when it attempts to overleap its limits. But how can this union be effected, when the aristocratical branch has pledged its reputation to the executive by consenting to an appointment?

"3. It has a natural tendency, to excite ambition in the senate. An active, ardent spirit, in that house, who is rich, and able, has a great reputation and influence, will be solicited by candidates for office; not to introduce the idea of bribery, because, though it certainly would force itself in, in other countries, and will probably here, when we

§ 1529. The other part of the clause, while it leaves to the president the appointment to all offices, not otherwise provided for, enables congress to vest the

grow populous and rich, yet it is not yet, I hope, to be dreaded. But ambition must come in, already. A senator of great influence will be naturally ambitious, and desirous of increasing his influence. Will he not be under a temptation to use his influence with the president, as well as his brother senators, to appoint persons to office in the several states, who will exert themselves in elections to get out his enemies or opposers, both in senate and house of representatives, and to get in his friends, perhaps his instruments? Suppose a senator, to aim at the treasury office, for himself, his brother, father, or son. Suppose him to aim at the president's chair, or vice-president's, at the next election or at the office of war, foreign or domestic affairs, will he not naturally be tempted to make use of his whole patronage, his whole influence, in advising to appointments, both with president and senators, to get such persons nominated, as will exert themselves in elections of president, vice-president, senators, and house of representatives, to increase his interests, and promote his views? In this point of view, I am very apprehensive, that this defect in our constitution will have an unhappy tendency to introduce corruption of the grossest kinds, both of ambition and avarice, into all our elections. And this will be the worst of poisons to our constitution; it will not only destroy the present form of government, but render it almost impossible to substitute in its place any free government, even a better limited monarchy, or any other, than a despotism, or a simple monarchy.

""4. To avoid the evil under the last head, it will be in danger of dividing the continent into two or three nations, a case that presents no prospect but of perpetual war.

5. This negative on appointments is in danger of involving the senate in reproach, obloquy, censure, and suspicion, without doing any good. Will the senate use their negative or not? - if not, why should they have it? many will censure them for not using it—many will ridicule them, call them servile, &c., if they do use it. The very first instance of it will expose the senators to the resentment, not only of the disappointed candidate and all his friends, but of the president and all his friends; and those will be most of the officers of government, through the nation.

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6. We shall very soon have parties formed a court and country party and these parties will have names given them; one party in the house of representatives will support the president and his measures and ministers - the other will oppose them -a similar party will be in the senate these parties will struggle with all their art, perhaps with intrigue, perhaps with corruption at every election to increase their own

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

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 councillors 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