Page:The American Democrat, James Fenimore Cooper, 1838.djvu/43

Rh is a bestowal of authority on the president, alone, by which consent he receives a complete power to act in the premises, as he shall judge expedient. Thus a treaty is not ratified, because the senate approves of it, nor a citizen appointed to office because the senate consents to his appointment; the authority granted in both cases being given to the president, and not to the instrument in the case of a treaty, or to the individual in the case of an appointment. The president may refuse to ratify a treaty, which is the consummation of such a compact, or to commission an officer, which is his authority to act, after having received the consent of the senate, in both cases. The power of the senate is merely a negative power in appointments and in treaties, its dissent defeating the intention of the president, but its assent in no manner obliging him to adhere to his first resolution. Or, it would be better still to say, the senate has power to complete the authority of the president.

In some countries a parent negatives the marriage of the child. This is a similar case in principle, for when the father consents, he does not marry, but permits his child to perform the affirmative act.

The powers of the president are three-fold, in the cases of appointments. He "nominates," he "appoints" and he "commissions." To nominate is to propose, or name; to appoint, is to determine in the mind, or, in this case to settle on consultation; and to commission, is to empower. The last act, is the one by which the nominee receives his authority, and it would seem to be a just construction that the authority which appoints and empowers should have the right to withdraw its commission.

They who object to this reasoning, say that the power to "commission" is merely a ministerial power. No part of the constitution can be thus limited in its signification. All the powers of the executive