History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
Constitution, prepared by the committee of detail.[174]
But by this time it was known that a large part of the patronage of
the government must be placed in the hands of the President; for it
had been settled that he was to appoint to all offices not otherwise
provided for, and the cases thus excepted were those of judges and
ambassadors, which stood, in this draft of the Constitution, vested in
the Senate. A strong opposition to this arrangement, however, had
already manifested itself, and the result was very likely to be,--as
it in fact turned out,--that nearly the whole of the appointments
would be made on the nomination of the President, even if the Senate
were to be empowered to confirm or reject them. Accordingly, when this
clause came under consideration, the principle of an absolute
disqualification for office was vigorously attacked, and as vigorously
defended. The inconvenience and impolicy of excluding officers of the
army and navy from the legislature; of rendering it impossible for the
executive to select a commander-in-chief from among the members, in
cases of pre-eminent fitness; of refusing seats to the heads of
executive departments; and of closing the legislature as an avenue to
other branches of the public service,--were all strenuously urged and
denied.[175] At length, a middle course became necessary, to
reconcile all opinions. By a very close vote, the ineligibility was
restrained to cases in which the office had been created, or the
emolument of it increased, during the term of membership;[176] and a
seat in the legislature was made incompatible with any other office
under the United States.[177]
Some at least of the probable sources of corruption were cut off by
these provisions. The executive can make no bargain for a vote, by the
promise of an office which has been acted upon by the member whose
vote is sought for; and there can be no body of placemen, ready at all
times to sell their votes as the price for which they are permitted to
retain their places. At the same time, the executive is not deprived
of the influence which attends the power of appointing to offices not
created, or the emoluments of which have not been increased, by any
Congress of which the person appointed has been a member. This
influence is capable of abuse; it is also capable of being honorably
and beneficially exerted. Whether it shall be employed corruptly or
honestly, for good or for bad purposes, is left by the Constitution to
the restraints of personal virtue and the chastisements of public
opinion.
Public-domain text, read in full here on John Shaqi.
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