Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/406

 398 District of Columbia for five years, according to an act of congress, by President Adams, by and with the consent of the senate. His commission had been signed by the president, and was sealed, and deposited in the department of state at the time of Mr. Jefferson's accession to the presidency; and was afterwards withheld from him by the direction of the latter. An act of congress had directed the secretary of state to keep the seal of the United States; and to make out, and record, and affix the seal to all civil commissions to officers of the United States, to be appointed by the president, after he should have signed the same. Upon the fullest deliberation, the court were of opinion, that, when a commission has been signed by the president, the appointment is final and complete. The officer appointed has, then, conferred on him legal rights, which cannot be resumed. Until that, the discretion of the president may be exercised by him, as to the appointment; but, from that moment, it is irrevocable. His power over the office is then terminated in all cases, where by law the officer is not removable by him. The right to the office is then in the person appointed, and he has the absolute, unconditional power of accepting, or rejecting it. Neither a delivery of the commission, nor an actual acceptance of the office, is indispensable to make the appointment perfect.

§ 1541. The reasoning, upon which this doctrine is founded, cannot be better elucidated, than by using the very language of the opinion, in which it is promulgated. After quoting the words of the constitution, and laws above referred to, it proceeds as follows:

§ 1542. These are the clauses of the constitution and laws of the United States, which affect this part of