Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/418

 410 commissions, which shall expire at the end of their next session."

§ 1550. This clause was not in the first draft of the constitution; but was afterwards inserted by an amendment, apparently without objection. One of the most extraordinary instances of a perverse intention to misrepresent, and thereby to render odious the constitution, was in the objection, solemnly urged against this clause, that it authorized the president to fill vacancies in the senate itself, occurring during the recess; a power, which, in another clause of the constitution, was expressly confided to the state executive. It is wholly unnecessary, however, now to dwell upon this preposterous suggestion, since it does not admit of a doubt, that the powder given to the president is applicable solely to appointments to offices under the United States, provided for by the constitution and laws of the Union. It is only another proof of the gross exaggerations, and unfounded alarms, which were constantly resorted to for the purpose of defeating a system, which could scarcely fail of general approbation, if it was fairly understood.

§ 1551. The propriety of this grant is so obvious, that it can require no elucidation. There was but one of two courses to be adopted; either, that the senate should be perpetually in session, in order to provide for the appointment of officers; or, that the president should be authorized to make temporary appointments during the recess, which should expire, when the senate should have had an opportunity to act on the subject. The former course would have been at once burthensome to the senate, and expensive to the public. The latter combines convenience, promptitude of action, and general security.