Page:The American Democrat, James Fenimore Cooper, 1838.djvu/46

40 to perform certain acts, which he neglects to do, to the great injury of the country. The executive is ordered by the constitution to take care that this, as well as the other laws, be faithfully executed. He admonishes the delinquent, who pertinaciously adheres to his illegal course. In what manner is the president to enforce the law? Impeachment is not in his power, in the first place; and in the next place, it does not enforce the law, but punishes the offender. He may, in some cases, order the law officers of the government to prosecute for penalties, perhaps, but the law officers may also refuse to do their duties, and thus the whole intention of the institutions would be set at naught.

Errors have arisen, on these subjects, by misconceiving the meaning of the terms. "Nominate," "appoint" and "commission," are to be construed in their broadest significations, in an instrument as dignified and comprehensive as a constitution, and with strict reference to the general character of the functions with which they are connected, functions that are purely executive and in no manner ministerial. This is the only statesmanlike view of the question, though the practice of permitting common-law lawyers to expound the great national compact, has had the effect to narrow and degrade the instrument, favoring the views of political factions, and not unfrequently disturbing the country without a commensurate object.

The practice of the government has always been in conformity with this reasoning, though, it is believed that no commentator has ever given a sufficiently broad signification to the power to commission. If this power be strictly executive, as it is just to deem it, it must be taken like the power to receive ambassadors, or as a duty vested with high executive discretion. The president has consequently the same