Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/411

 CH. XXXVII.] they do not shake the opinion, which has been formed.

§ 1544. In considering this question, it has been conjectured, that the commission may have been assimilated to a deed, to the validity of which delivery is essential. This idea is founded on the supposition, that the commission is not merely evidence of an appointment, but is itself the actual appointment; a supposition by no means unquestionable. But, for the purpose of examining this objection fairly, let it be conceded, that the principle claimed for its support is established. The appointment being, under the constitution, to be made by the president personally, the delivery of the deed of appointment, if necessary to its completion, must be made by the president also. It is not necessary, that the livery should be made personally to the grantee of the office. It never is so made. The law would seem to contemplate, that it should be made to the secretary of state, since it directs the secretary to affix the seal to the commission, after it shall have been signed by the president. If, then, the act of livery be necessary to give validity to the commission, is has been delivered, when executed and given to the secretary for the purpose of being sealed, recorded, and transmitted to the party. But in all cases of letters patent, certain solemnities are required by law, which solemnities are the evidences of the validity of the instrument. A formal delivery to the person is not among them. In cases of commissions the sign manual of the president, and the seal of the United States, are those solemnities. This objection, therefore, does not touch the case.

§ 1545. It has also occurred, as possible, and barely possible, that the transmission of the commission, and