From The Independent Journal. Wednesday, April 2, 1788.
HAMILTON
To the People of the State of New York:
IT HAS been mentioned as one of the advantages to be expected from the co-operation of the Senate, in the business of appointments, that it would contribute to the stability of the administration. The consent of that body would be necessary to displace as well as to appoint. A change of the Chief Magistrate1, therefore, would not occasion so violent or so general a revolution in the officers of the government as might be expected, if he were the sole disposer of offices. Where a man in any station had given satisfactory evidence of his fitness for it, a new President would be restrained from attempting a change in favor of a person more agreeable to him, by the apprehension2 that a discountenance of the Senate might frustrate4 the attempt, and bring some degree of discredit5 upon himself. Those who can best estimate the value of a steady administration, will be most disposed to prize a provision which connects the official existence of public men with the approbation6 or disapprobation of that body which, from the greater permanency of its own composition, will in all probability be less subject to inconstancy than any other member of the government.
To this union of the Senate with the President, in the article of appointments, it has in some cases been suggested that it would serve to give the President an undue7 influence over the Senate, and in others that it would have an opposite tendency—a strong proof that neither suggestion is true.
To state the first in its proper form, is to refute it. It amounts to this: the President would have an improper8 influence over the Senate, because the Senate would have the power of restraining him. This is an absurdity9 in terms. It cannot admit of a doubt that the entire power of appointment would enable him much more effectually to establish a dangerous empire over that body, than a mere10 power of nomination11 subject to their control.
Let us take a view of the converse12 of the proposition: "the Senate would influence the Executive." As I have had occasion to remark in several other instances, the indistinctness of the objection forbids a precise answer. In what manner is this influence to be exerted? In relation to what objects? The power of influencing a person, in the sense in which it is here used, must imply a power of conferring a benefit upon him. How could the Senate confer a benefit upon the President by the manner of employing their right of negative upon his nominations13? If it be said they might sometimes gratify him by an acquiescence14 in a favorite choice, when public motives15 might dictate16 a different conduct, I answer, that the instances in which the President could be personally interested in the result, would be too few to admit of his being materially affected17 by the compliances of the Senate. The POWER which can originate the disposition18 of honors and emoluments19, is more likely to attract than to be attracted by the POWER which can merely obstruct20 their course. If by influencing the President be meant restraining him, this is precisely21 what must have been intended. And it has been shown that the restraint would be salutary, at the same time that it would not be such as to destroy a single advantage to be looked for from the uncontrolled agency of that Magistrate. The right of nomination would produce all the (good, without the ill.)(E1) (good of that of appointment, and would in a great measure avoid its evils.)(E1)
Upon a comparison of the plan for the appointment of the officers of the proposed government with that which is established by the constitution of this State, a decided22 preference must be given to the former. In that plan the power of nomination is unequivocally vested in the Executive. And as there would be a necessity for submitting each nomination to the judgment23 of an entire branch of the legislature, the circumstances attending an appointment, from the mode of conducting it, would naturally become matters of notoriety; and the public would be at no loss to determine what part had been performed by the different actors. The blame of a bad nomination would fall upon the President singly and absolutely. The censure24 of rejecting a good one would lie entirely25 at the door of the Senate; aggravated26 by the consideration of their having counteracted27 the good intentions of the Executive. If an ill appointment should be made, the Executive for nominating, and the Senate for approving, would participate, though in different degrees, in the opprobrium28 and disgrace.
The reverse of all this characterizes the manner of appointment in this State. The council of appointment consists of from three to five persons, of whom the governor is always one. This small body, shut up in a private apartment, impenetrable to the public eye, proceed to the execution of the trust committed to them. It is known that the governor claims the right of nomination, upon the strength of some ambiguous expressions in the constitution; but it is not known to what extent, or in what manner he exercises it; nor upon what occasions he is contradicted or opposed. The censure of a bad appointment, on account of the uncertainty29 of its author, and for want of a determinate object, has neither poignancy30 nor duration. And while an unbounded field for cabal31 and intrigue32 lies open, all idea of responsibility is lost. The most that the public can know, is that the governor claims the right of nomination; that two out of the inconsiderable number of four men can too often be managed without much difficulty; that if some of the members of a particular council should happen to be of an uncomplying character, it is frequently not impossible to get rid of their opposition33 by regulating the times of meeting in such a manner as to render their attendance inconvenient34; and that from whatever cause it may proceed, a great number of very improper appointments are from time to time made. Whether a governor of this State avails himself of the ascendant he must necessarily have, in this delicate and important part of the administration, to prefer to offices men who are best qualified35 for them, or whether he prostitutes that advantage to the advancement36 of persons whose chief merit is their implicit37 devotion to his will, and to the support of a despicable and dangerous system of personal influence, are questions which, unfortunately for the community, can only be the subjects of speculation38 and conjecture39.
Every mere council of appointment, however constituted, will be a conclave40, in which cabal and intrigue will have their full scope. Their number, without an unwarrantable increase of expense, cannot be large enough to preclude41 a facility of combination. And as each member will have his friends and connections to provide for, the desire of mutual42 gratification will beget43 a scandalous bartering44 of votes and bargaining for places. The private attachments45 of one man might easily be satisfied; but to satisfy the private attachments of a dozen, or of twenty men, would occasion a monopoly of all the principal employments of the government in a few families, and would lead more directly to an aristocracy or an oligarchy46 than any measure that could be contrived47. If, to avoid an accumulation of offices, there was to be a frequent change in the persons who were to compose the council, this would involve the mischiefs48 of a mutable administration in their full extent. Such a council would also be more liable to executive influence than the Senate, because they would be fewer in number, and would act less immediately under the public inspection49. Such a council, in fine, as a substitute for the plan of the convention, would be productive of an increase of expense, a multiplication50 of the evils which spring from favoritism and intrigue in the distribution of public honors, a decrease of stability in the administration of the government, and a diminution51 of the security against an undue influence of the Executive. And yet such a council has been warmly contended for as an essential amendment52 in the proposed Constitution.
I could not with propriety53 conclude my observations on the subject of appointments without taking notice of a scheme for which there have appeared some, though but few advocates; I mean that of uniting the House of Representatives in the power of making them. I shall, however, do little more than mention it, as I cannot imagine that it is likely to gain the countenance3 of any considerable part of the community. A body so fluctuating and at the same time so numerous, can never be deemed proper for the exercise of that power. Its unfitness will appear manifest to all, when it is recollected54 that in half a century it may consist of three or four hundred persons. All the advantages of the stability, both of the Executive and of the Senate, would be defeated by this union, and infinite delays and embarrassments55 would be occasioned. The example of most of the States in their local constitutions encourages us to reprobate56 the idea.
The only remaining powers of the Executive are comprehended in giving information to Congress of the state of the union; in recommending to their consideration such measures as he shall judge expedient57; in convening58 them, or either branch, upon extraordinary occasions; in adjourning59 them when they cannot themselves agree upon the time of adjournment60; in receiving ambassadors and other public ministers; in faithfully executing the laws; and in commissioning all the officers of the United States.
Except some cavils61 about the power of convening either house of the legislature, and that of receiving ambassadors, no objection has been made to this class of authorities; nor could they possibly admit of any. It required, indeed, an insatiable avidity for censure to invent exceptions to the parts which have been excepted to. In regard to the power of convening either house of the legislature, I shall barely remark, that in respect to the Senate at least, we can readily discover a good reason for it. AS this body has a concurrent62 power with the Executive in the article of treaties, it might often be necessary to call it together with a view to this object, when it would be unnecessary and improper to convene63 the House of Representatives. As to the reception of ambassadors, what I have said in a former paper will furnish a sufficient answer.
We have now completed a survey of the structure and powers of the executive department, which, I have endeavored to show, combines, as far as republican principles will admit, all the requisites64 to energy. The remaining inquiry65 is: Does it also combine the requisites to safety, in a republican sense—a due dependence66 on the people, a due responsibility? The answer to this question has been anticipated in the investigation67 of its other characteristics, and is satisfactorily deducible from these circumstances; from the election of the President once in four years by persons immediately chosen by the people for that purpose; and from his being at all times liable to impeachment68, trial, dismission from office, incapacity to serve in any other, and to forfeiture69 of life and estate by subsequent prosecution70 in the common course of law. But these precautions, great as they are, are not the only ones which the plan of the convention has provided in favor of the public security. In the only instances in which the abuse of the executive authority was materially to be feared, the Chief Magistrate of the United States would, by that plan, be subjected to the control of a branch of the legislative71 body. What more could be desired by an enlightened and reasonable people?
PUBLIUS
E1. These two alternate endings of this sentence appear in different editions.
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1
magistrate
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| n.地方行政官，地方法官，治安官 | |
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apprehension
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| n.理解，领悟；逮捕，拘捕；忧虑 | |
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3
countenance
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| n.脸色，面容；面部表情；vt.支持，赞同 | |
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frustrate
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| v.使失望；使沮丧；使厌烦 | |
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discredit
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| vt.使不可置信；n.丧失信义；不信，怀疑 | |
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approbation
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| n.称赞；认可 | |
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undue
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| adj.过分的；不适当的；未到期的 | |
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8
improper
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| adj.不适当的，不合适的，不正确的，不合礼仪的 | |
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9
absurdity
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| n.荒谬，愚蠢；谬论 | |
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10
mere
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| adj.纯粹的；仅仅，只不过 | |
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nomination
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| n.提名，任命，提名权 | |
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converse
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| vi.谈话，谈天，闲聊；adv.相反的，相反 | |
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nominations
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| n.提名，任命( nomination的名词复数 ) | |
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14
acquiescence
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| n.默许；顺从 | |
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motives
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| n.动机，目的( motive的名词复数 ) | |
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dictate
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| v.口授；(使)听写；指令，指示，命令 | |
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affected
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| adj.不自然的，假装的 | |
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disposition
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| n.性情，性格；意向，倾向；排列，部署 | |
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emoluments
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| n.报酬，薪水( emolument的名词复数 ) | |
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obstruct
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| v.阻隔，阻塞(道路、通道等)；n.阻碍物，障碍物 | |
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precisely
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| adv.恰好，正好，精确地，细致地 | |
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decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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judgment
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| n.审判；判断力，识别力，看法，意见 | |
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censure
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| v./n.责备；非难；责难 | |
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entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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aggravated
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| 使恶化( aggravate的过去式和过去分词 )； 使更严重； 激怒； 使恼火 | |
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counteracted
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| 对抗，抵消( counteract的过去式 ) | |
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opprobrium
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| n.耻辱，责难 | |
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uncertainty
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| n.易变，靠不住，不确知，不确定的事物 | |
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poignancy
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| n.辛酸事，尖锐 | |
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cabal
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| n.政治阴谋小集团 | |
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intrigue
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| vt.激起兴趣，迷住；vi.耍阴谋；n.阴谋，密谋 | |
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opposition
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| n.反对，敌对 | |
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inconvenient
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| adj.不方便的，令人感到麻烦的 | |
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qualified
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| adj.合格的，有资格的，胜任的，有限制的 | |
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advancement
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| n.前进，促进，提升 | |
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implicit
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| a.暗示的，含蓄的，不明晰的，绝对的 | |
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speculation
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| n.思索，沉思；猜测；投机 | |
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conjecture
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| n./v.推测，猜测 | |
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40
conclave
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| n.秘密会议，红衣主教团 | |
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41
preclude
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| vt.阻止，排除，防止；妨碍 | |
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mutual
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| adj.相互的，彼此的；共同的，共有的 | |
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43
beget
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| v.引起；产生 | |
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44
bartering
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| v.作物物交换，以货换货( barter的现在分词 ) | |
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45
attachments
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| n.（用电子邮件发送的）附件( attachment的名词复数 )；附着；连接；附属物 | |
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46
oligarchy
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| n.寡头政治 | |
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47
contrived
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| adj.不自然的，做作的；虚构的 | |
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48
mischiefs
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| 损害( mischief的名词复数 )； 危害； 胡闹； 调皮捣蛋的人 | |
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49
inspection
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| n.检查，审查，检阅 | |
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50
multiplication
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| n.增加，增多，倍增；增殖，繁殖；乘法 | |
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51
diminution
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| n.减少；变小 | |
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52
amendment
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| n.改正，修正，改善，修正案 | |
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53
propriety
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| n.正当行为；正当；适当 | |
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54
recollected
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| adj.冷静的；镇定的；被回忆起的；沉思默想的v.记起，想起( recollect的过去式和过去分词 ) | |
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55
embarrassments
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| n.尴尬( embarrassment的名词复数 )；难堪；局促不安；令人难堪或耻辱的事 | |
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56
reprobate
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| n.无赖汉；堕落的人 | |
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57
expedient
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| adj.有用的，有利的；n.紧急的办法，权宜之计 | |
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58
convening
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| 召开( convene的现在分词 )； 召集； （为正式会议而）聚集； 集合 | |
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59
adjourning
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| （使）休会， （使）休庭( adjourn的现在分词 ) | |
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adjournment
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| 休会； 延期； 休会期； 休庭期 | |
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61
cavils
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| v.挑剔，吹毛求疵( cavil的第三人称单数 ) | |
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concurrent
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| adj.同时发生的，一致的 | |
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convene
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| v.集合，召集，召唤，聚集，集合 | |
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requisites
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| n.必要的事物( requisite的名词复数 ) | |
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inquiry
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| n.打听，询问，调查，查问 | |
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dependence
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| n.依靠，依赖；信任，信赖；隶属 | |
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investigation
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| n.调查，调查研究 | |
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impeachment
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| n.弹劾；控告；怀疑 | |
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forfeiture
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| n.（名誉等）丧失 | |
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prosecution
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| n.起诉，告发，检举，执行，经营 | |
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legislative
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| n.立法机构，立法权；adj.立法的，有立法权的 | |
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