Annotation of 43BSD/usr.lib/learn/morefiles/L1.1b, revision 1.1.1.1

1.1       root        1: #print
                      2: Now that you know what word is wrong, you still have to find
                      3: it in one of the memo files so you can correct it.  One way
                      4: is to use the text editor "ex", but that is rather slow.  Better
                      5: is to use the pattern-finding program "grep", which looks through
                      6: a set of files to find a particular word.  To find all occurrences
                      7: of "glop" in the files tom, dick and harry, you need only type
                      8: 
                      9:    grep 'glop' tom dick harry
                     10: 
                     11: The first thing is the word that grep is to search for;
                     12: any remaining names are file names, which are searched in order.
                     13: The quotes around the word to be searched for aren't
                     14: always necessary, but it's a good habit to use them
                     15: anyway.  Later on we'll see some examples where they are really
                     16: needed.
                     17: 
                     18: Use grep to find the memo file that contains the spelling error,
                     19: and type "answer name", where "name" is the file you decide on.
                     20: #create memo1
                     21: (This comes from a federalist paper by alexander hamilton.)
                     22:    It has been mentioned as one of the advantages to be expected
                     23: from the cooperation of the Senate, in the business
                     24: of appointments, that it would contribute to the
                     25: stability of the administration.  The consent of that body
                     26: would be necessary to displace as well as to appoint.  A
                     27: change of the Chief Magistrate, therefore, would not occasion
                     28: so violent or so general a revolution in the officers
                     29: of the government as might be expected if he were the
                     30: sole disposer of offices.  Where a man in any station had
                     31: given satisfactory evidence of his fitness for it, a new
                     32: President would be restrained from attempting a change
                     33: in favor of a person more agreeable to him by the apprehension
                     34: that a discountenance of the Senate might frustrate
                     35: the attempt, and bring some degree of discredit
                     36: upon himself.  Those who can best estimate the value of
                     37: a steady administration will be most disposed to prize a
                     38: provision which connects the official existence of public
                     39: men with the approbation or disapprobation of that body
                     40: which, from the greater permanency of its own composition,
                     41: will in all probability be less subject to inconstancy
                     42: than any other member of the government.
                     43:    To this union of the Senate with the President, in the
                     44: article of appointments, it has in some cases been suggested
                     45: that it would serve to give the President an undue
                     46: influence over the Senate, and in others that it would
                     47: have an opposite tendency - a strong proof that neither
                     48: suggestion is true.
                     49:    To state the first in its proper form is to refute it.  It
                     50: amounts to this:  the President would have an improper
                     51: influence over the Senate, because the Senate would
                     52: have the power of restraining him.  This is an absurdity in
                     53: terms.  It cannot admit of a doubt that the entire power
                     54: of appointment would enable him much more effectually
                     55: to establish a dangerous empire over that body than a
                     56: mere power of nomination subject to their control.
                     57:     Let us take a view of the converse of the proposition:
                     58: "the Senate would influence the executive."  As I have
                     59: had occasion to remark in several other instances, the indistinctness
                     60: of the objection forbids a precise answer.  In
                     61: what manner is this influence to be exerted?  In relation
                     62: to what objects?  The power of influencing a person, in
                     63: the sense in which it is here used, must imply a power of
                     64: conferring a benefit upon him.  How could the Senate
                     65: confer a benefit upon the President by the manner of employing
                     66: their right of negative upon his nominations?  If it
                     67: be said they might sometimes gratify him by an acquiescence
                     68: in a favorite choice, when public motives might dictate a
                     69: different conduct, I answer that the instances in which the
                     70: President could be personally interested in the result would
                     71: be too few to admit of his being materially affected by the
                     72: #create memo2
                     73: compliances of the Senate.  Besides this, it is evident that
                     74: the POWER which can originate the disposition of honors
                     75: and emoluments is more likely to attract than to be attracted
                     76: by the POWER which can merely obstruct their
                     77: course.  If by influencing the President be want restraining
                     78: him, this is precisely what must have been intended.
                     79: And it has been shown that the restraint would be salutary,
                     80: at the same time that it would not be such as to
                     81: destroy a single advantage to be looked for from the uncontrolled
                     82: agency of that magistrate.  The right of nomination
                     83: would produce all the good, without the ill.
                     84:    Upon a comparison of the plan for the appointment of
                     85: the officers of the proposed government with that which
                     86: is established by the constitution of this State, a decided
                     87: preference must be given to the former.  In that plan the
                     88: power of nomination is unequivocally vested in the executive.
                     89: And as there would be a necessity for submitting
                     90: each nomination to the judgment of an entire branch of
                     91: the legislature, the circumstances attending an appointment,
                     92: from the mode of conducting it, would naturally
                     93: become matters of notoriety, and the public would
                     94: be at no loss to determine what part had been performed
                     95: by the different actors.  The blame of a bad nomination
                     96: would fall upon the President singly and absolutely.  The
                     97: censure of rejecting a good one would lie entirely at the
                     98: door of the senate, aggravated by the consideration
                     99: of their having counteracted the good intentions of the
                    100: executive.  If an ill appointment should be made, the executive,
                    101: for nominating, and the Senate, for approving,
                    102: would participate, though in different degrees, in the
                    103: opprobrium and disgrace.
                    104:    The reverse of all this characterizes the manner of appointment
                    105: in this State.  The council of appointment consists
                    106: of from three to five persons, of whom the governor
                    107: is always one.  This small body, shut up in a private
                    108: apartment, impenetrable to the public eye, proceed to the
                    109: execution of the trust committed to them.  It is known
                    110: that the governor claims the right of nomination upon
                    111: the strength of some ambiguous expressions in the Constitution;
                    112: but it is not known to what extent, or in what
                    113: manner he exercises it; nor upon what occasions he is
                    114: contradicted or opposed.  The censure of a bad appointment,
                    115: on account of the uncertainty of its author and for
                    116: want of a determinate object, has neither poignancy nor
                    117: duration.  And while an unbounded field for cabal and intrigue
                    118: lies open, all idea of responsibility is lost.  The
                    119: most that the public can know is that the governor
                    120: claims the right of nomination; that two out of the inconsiderable
                    121: number of four men can too often be managed
                    122: without much difficulty; that if some of the members of a
                    123: #create memo3
                    124: particular council should happen to be of an uncomplying
                    125: character, it is frequently not impossible to get rid of their
                    126: opposition by regulating the times of meeting in such a
                    127: manner as to render their attendance inconvenient; and
                    128: that from whatever cause it may proceed, a great
                    129: number of very improper appointments are from time to
                    130: time made.  Whether a governor of this State avails himself
                    131: of the ascendant, he must necessarily have in this
                    132: delicate and important part of the administration to prefer
                    133: to offices men who are best qualified for them; or
                    134: whether he prostitutes that advantage to the advancement
                    135: of persons whose chief merit is their implicit devotion to
                    136: his will and to the support of a despicable and dangerous
                    137: system of personal influence are questions which, unfortunately
                    138: for the community, can only be the subjects
                    139: of speculation and conjecture.
                    140:    Every mere council of appointment, however constituted,
                    141: will be a conclave in which cabal and intrigue will
                    142: have their full scope.  Their number, without an unwarrantable
                    143: increase of expense, cannot be large enough to
                    144: preclude a facility of combination.  And as each member
                    145: will have his friends and connections to provide for,
                    146: the desire of mutual gratification will beget a scandalous
                    147: bartering of votes and bargaining for places.  The private
                    148: attachments of one man might easily be satisfied, but to
                    149: satisfy the private attachments of a dozen, or of twenty
                    150: men, would occasion a monopoly of all the principal employments
                    151: of the government in a few families and
                    152: would lead more directly to an aristocracy or an oligarchy
                    153: than any measure that could be contrived.  If, to avoid an
                    154: accumulation of offices, there was to be a frequent change
                    155: in the persons who were to be a frequent change
                    156: in the persons who were to compose the council, this
                    157: would involve the mischiefs of a mutable administration
                    158: in their full extent.  Such a council would also be more
                    159: liable to executive influence than the Senate, because
                    160: they would be fewer in number, and would act less immediately
                    161: under the public inspection.  Such a council, in
                    162: fine, as a substitute for the plan of the convention, would
                    163: be productive of an increase of expense, a multiplication
                    164: of the evils which spring from favoritism and intrigue in
                    165: the distribution of public honors, a decrease of stability
                    166: in the administration of the government, and a diminution
                    167: of the security against an undue influence of the
                    168: executive.  And yet such a council has been warmly contended
                    169: for as an essential amendment in the proposed
                    170: Constitution.
                    171:    I could not with propriety conclude my observations
                    172: on the subject of appointments without taking notice of
                    173: a scheme for which there have appeared some, though
                    174: #create memo4
                    175: but a few advocates; I mean that of uniting the House of
                    176: Representatives in the power of making them.  I shall,
                    177: however, do little more than mention it, as I cannot
                    178: imagine that it is likely to gain the countenance of any
                    179: considerable part of the community.  A body so fluctuating
                    180: and at the same time so numerous can never be
                    181: deemed proper for the exercise of that power.  Its unfitness
                    182: will appear manifest to all when it is recollected that
                    183: in half a century it may consist of three or four hundred
                    184: persons.  All the advantages of the stability, both of the
                    185: Executive and of the Senate, would be defeated by this
                    186: union, and infinite delays and embarrassments would be
                    187: occasioned.  The exampled of most of the States in their
                    188: local constitutions encourages us to reprobate the idea.
                    189:    The only remaining powers of the executive are comprehended
                    190: in giving information to Congress of the state
                    191: of the Union; in recommending to their consideration
                    192: such measures as he shall judge expedient; in convening
                    193: them, or either branch, upon extraordinary occasions; in
                    194: adjourning them when they cannot themselves agree upon
                    195: the time of adjournment; in receiving ambassadors and
                    196: other public ministers; in faithfully executing the laws;
                    197: and in commissioning all the officers of the United States.
                    198:    Except some cavils about the power of convening either
                    199: house of the legislature, and that of receiving ambassadors,
                    200: no objection has been made to this class of
                    201: authorities; nor could they possibly admit of any.  It required,
                    202: indeed, an insatiable avidity for censure to invent
                    203: exceptions to the parts which have been excepted to.  In
                    204: regard to the power of convening either house of the legislature
                    205: I shall barely remark that in respect to the Senate,
                    206: at least, we can readily discover a good reason for it.  As
                    207: this body has a concurrent power with the executive in
                    208: the article of treaties, it might often be necessary to call
                    209: it together with a view to this object, when it would be
                    210: unnecessary and improper to convene the House of Representatives.
                    211: As to the reception of ambassadors, what I
                    212: have said in a former paper will furnish a sufficient answer.
                    213:    We have now completed a survy of the structure and
                    214: powers of the executive department which, I have endeavored
                    215: to show, combines, as far as republican principles
                    216: will admit, all the requisites to energy.  The
                    217: remaining inquiry is:  does it also combine the requisites
                    218: to safety, in the republican sense - due dependence on
                    219: the people, a due responsibility?  The answer to this question
                    220: has been anticipated in the investigation of its other
                    221: characteristics, and is satisfactorily deducible from these
                    222: circumstances; the election of the President once in four
                    223: years by persons immediately chosen by the people for
                    224: that purpose, and his being at all times liable to impeachment,
                    225: trial, dismission from office, incapacity to serve
                    226: in any other, and to the forfeiture of life and estate by subsequent
                    227: prosecution in the common course of law.  But
                    228: these precautions, great as they are, are not the only
                    229: ones which the plan of the convention has provided in
                    230: favor of the public security.  In the only instances in which
                    231: the abuse of the executive authority was materially to be
                    232: feared, the chief Magistrate of the United States, would,
                    233: by that plan, be subjected to the control of a branch of
                    234: the legislative body.  What more can an enlightened and
                    235: reasonable people desire?
                    236: #copyin
                    237: #user
                    238: #uncopyin
                    239: #match memo4
                    240: #log
                    241: #next
                    242: 1.1c 10

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