Annotation of 43BSDTahoe/usr.lib/learn/morefiles/L1.1a, revision 1.1.1.1

1.1       root        1: #print
                      2: One of the more useful programs on Unix is "spell", which
                      3: looks for spelling mistakes in a set of files.  Although spell
                      4: is not perfect, it does a reasonable job of presenting you
                      5: with a list of possibilities.  To look for mistakes in a set
                      6: of files, you simply say
                      7: 
                      8:    spell filenames
                      9: 
                     10: and of course you can use shorthands like *, ? and [] to name
                     11: the files.  For practice, there are some files whose names begin
                     12: with "memo" in this directory; somewhere in one of them
                     13: is a legitimate spelling mistake.  Use spell to find it, then
                     14: type "answer word", where "word" is the mistake.
                     15: Spell may also output a number of words
                     16: that aren't mistakes; you may have to select real errors
                     17: from the false ones.
                     18: 
                     19: By the way, spell takes a minute to run;
                     20: go get a cup of coffee or something while you wait.
                     21: #create memo1
                     22: (This comes from a federalist paper by alexander hamilton.)
                     23:    It has been mentioned as one of the advantages to be expected
                     24: from the cooperation of the Senate, in the business
                     25: of appointments, that it would contribute to the
                     26: stability of the administration.  The consent of that body
                     27: would be necessary to displace as well as to appoint.  A
                     28: change of the Chief Magistrate, therefore, would not occasion
                     29: so violent or so general a revolution in the officers
                     30: of the government as might be expected if he were the
                     31: sole disposer of offices.  Where a man in any station had
                     32: given satisfactory evidence of his fitness for it, a new
                     33: President would be restrained from attempting a change
                     34: in favor of a person more agreeable to him by the apprehension
                     35: that a discountenance of the Senate might frustrate
                     36: the attempt, and bring some degree of discredit
                     37: upon himself.  Those who can best estimate the value of
                     38: a steady administration will be most disposed to prize a
                     39: provision which connects the official existence of public
                     40: men with the approbation or disapprobation of that body
                     41: which, from the greater permanency of its own composition,
                     42: will in all probability be less subject to inconstancy
                     43: than any other member of the government.
                     44:    To this union of the Senate with the President, in the
                     45: article of appointments, it has in some cases been suggested
                     46: that it would serve to give the President an undue
                     47: influence over the Senate, and in others that it would
                     48: have an opposite tendency - a strong proof that neither
                     49: suggestion is true.
                     50:    To state the first in its proper form is to refute it.  It
                     51: amounts to this:  the President would have an improper
                     52: influence over the Senate, because the Senate would
                     53: have the power of restraining him.  This is an absurdity in
                     54: terms.  It cannot admit of a doubt that the entire power
                     55: of appointment would enable him much more effectually
                     56: to establish a dangerous empire over that body than a
                     57: mere power of nomination subject to their control.
                     58:     Let us take a view of the converse of the proposition:
                     59: "the Senate would influence the executive."  As I have
                     60: had occasion to remark in several other instances, the indistinctness
                     61: of the objection forbids a precise answer.  In
                     62: what manner is this influence to be exerted?  In relation
                     63: to what objects?  The power of influencing a person, in
                     64: the sense in which it is here used, must imply a power of
                     65: conferring a benefit upon him.  How could the Senate
                     66: confer a benefit upon the President by the manner of employing
                     67: their right of negative upon his nominations?  If it
                     68: be said they might sometimes gratify him by an acquiescence
                     69: in a favorite choice, when public motives might dictate a
                     70: different conduct, I answer that the instances in which the
                     71: President could be personally interested in the result would
                     72: be too few to admit of his being materially affected by the
                     73: #create memo2
                     74: compliances of the Senate.  Besides this, it is evident that
                     75: the POWER which can originate the disposition of honors
                     76: and emoluments is more likely to attract than to be attracted
                     77: by the POWER which can merely obstruct their
                     78: course.  If by influencing the President be want restraining
                     79: him, this is precisely what must have been intended.
                     80: And it has been shown that the restraint would be salutary,
                     81: at the same time that it would not be such as to
                     82: destroy a single advantage to be looked for from the uncontrolled
                     83: agency of that magistrate.  The right of nomination
                     84: would produce all the good, without the ill.
                     85:    Upon a comparison of the plan for the appointment of
                     86: the officers of the proposed government with that which
                     87: is established by the constitution of this State, a decided
                     88: preference must be given to the former.  In that plan the
                     89: power of nomination is unequivocally vested in the executive.
                     90: And as there would be a necessity for submitting
                     91: each nomination to the judgment of an entire branch of
                     92: the legislature, the circumstances attending an appointment,
                     93: from the mode of conducting it, would naturally
                     94: become matters of notoriety, and the public would
                     95: be at no loss to determine what part had been performed
                     96: by the different actors.  The blame of a bad nomination
                     97: would fall upon the President singly and absolutely.  The
                     98: censure of rejecting a good one would lie entirely at the
                     99: door of the senate, aggravated by the consideration
                    100: of their having counteracted the good intentions of the
                    101: executive.  If an ill appointment should be made, the executive,
                    102: for nominating, and the Senate, for approving,
                    103: would participate, though in different degrees, in the
                    104: opprobrium and disgrace.
                    105:    The reverse of all this characterizes the manner of appointment
                    106: in this State.  The council of appointment consists
                    107: of from three to five persons, of whom the governor
                    108: is always one.  This small body, shut up in a private
                    109: apartment, impenetrable to the public eye, proceed to the
                    110: execution of the trust committed to them.  It is known
                    111: that the governor claims the right of nomination upon
                    112: the strength of some ambiguous expressions in the Constitution;
                    113: but it is not known to what extent, or in what
                    114: manner he exercises it; nor upon what occasions he is
                    115: contradicted or opposed.  The censure of a bad appointment,
                    116: on account of the uncertainty of its author and for
                    117: want of a determinate object, has neither poignancy nor
                    118: duration.  And while an unbounded field for cabal and intrigue
                    119: lies open, all idea of responsibility is lost.  The
                    120: most that the public can know is that the governor
                    121: claims the right of nomination; that two out of the inconsiderable
                    122: number of four men can too often be managed
                    123: without much difficulty; that if some of the members of a
                    124: #create memo3
                    125: particular council should happen to be of an uncomplying
                    126: character, it is frequently not impossible to get rid of their
                    127: opposition by regulating the times of meeting in such a
                    128: manner as to render their attendance inconvenient; and
                    129: that from whatever cause it may proceed, a great
                    130: number of very improper appointments are from time to
                    131: time made.  Whether a governor of this State avails himself
                    132: of the ascendant, he must necessarily have in this
                    133: delicate and important part of the administration to prefer
                    134: to offices men who are best qualified for them; or
                    135: whether he prostitutes that advantage to the advancement
                    136: of persons whose chief merit is their implicit devotion to
                    137: his will and to the support of a despicable and dangerous
                    138: system of personal influence are questions which, unfortunately
                    139: for the community, can only be the subjects
                    140: of speculation and conjecture.
                    141:    Every mere council of appointment, however constituted,
                    142: will be a conclave in which cabal and intrigue will
                    143: have their full scope.  Their number, without an unwarrantable
                    144: increase of expense, cannot be large enough to
                    145: preclude a facility of combination.  And as each member
                    146: will have his friends and connections to provide for,
                    147: the desire of mutual gratification will beget a scandalous
                    148: bartering of votes and bargaining for places.  The private
                    149: attachments of one man might easily be satisfied, but to
                    150: satisfy the private attachments of a dozen, or of twenty
                    151: men, would occasion a monopoly of all the principal employments
                    152: of the government in a few families and
                    153: would lead more directly to an aristocracy or an oligarchy
                    154: than any measure that could be contrived.  If, to avoid an
                    155: accumulation of offices, there was to be a frequent change
                    156: in the persons who were to be a frequent change
                    157: in the persons who were to compose the council, this
                    158: would involve the mischiefs of a mutable administration
                    159: in their full extent.  Such a council would also be more
                    160: liable to executive influence than the Senate, because
                    161: they would be fewer in number, and would act less immediately
                    162: under the public inspection.  Such a council, in
                    163: fine, as a substitute for the plan of the convention, would
                    164: be productive of an increase of expense, a multiplication
                    165: of the evils which spring from favoritism and intrigue in
                    166: the distribution of public honors, a decrease of stability
                    167: in the administration of the government, and a diminution
                    168: of the security against an undue influence of the
                    169: executive.  And yet such a council has been warmly contended
                    170: for as an essential amendment in the proposed
                    171: Constitution.
                    172:    I could not with propriety conclude my observations
                    173: on the subject of appointments without taking notice of
                    174: a scheme for which there have appeared some, though
                    175: #create memo4
                    176: but a few advocates; I mean that of uniting the House of
                    177: Representatives in the power of making them.  I shall,
                    178: however, do little more than mention it, as I cannot
                    179: imagine that it is likely to gain the countenance of any
                    180: considerable part of the community.  A body so fluctuating
                    181: and at the same time so numerous can never be
                    182: deemed proper for the exercise of that power.  Its unfitness
                    183: will appear manifest to all when it is recollected that
                    184: in half a century it may consist of three or four hundred
                    185: persons.  All the advantages of the stability, both of the
                    186: Executive and of the Senate, would be defeated by this
                    187: union, and infinite delays and embarrassments would be
                    188: occasioned.  The exampled of most of the States in their
                    189: local constitutions encourages us to reprobate the idea.
                    190:    The only remaining powers of the executive are comprehended
                    191: in giving information to Congress of the state
                    192: of the Union; in recommending to their consideration
                    193: such measures as he shall judge expedient; in convening
                    194: them, or either branch, upon extraordinary occasions; in
                    195: adjourning them when they cannot themselves agree upon
                    196: the time of adjournment; in receiving ambassadors and
                    197: other public ministers; in faithfully executing the laws;
                    198: and in commissioning all the officers of the United States.
                    199:    Except some cavils about the power of convening either
                    200: house of the legislature, and that of receiving ambassadors,
                    201: no objection has been made to this class of
                    202: authorities; nor could they possibly admit of any.  It required,
                    203: indeed, an insatiable avidity for censure to invent
                    204: exceptions to the parts which have been excepted to.  In
                    205: regard to the power of convening either house of the legislature
                    206: I shall barely remark that in respect to the Senate,
                    207: at least, we can readily discover a good reason for it.  As
                    208: this body has a concurrent power with the executive in
                    209: the article of treaties, it might often be necessary to call
                    210: it together with a view to this object, when it would be
                    211: unnecessary and improper to convene the House of Representatives.
                    212: As to the reception of ambassadors, what I
                    213: have said in a former paper will furnish a sufficient answer.
                    214:    We have now completed a survy of the structure and
                    215: powers of the executive department which, I have endeavored
                    216: to show, combines, as far as republican principles
                    217: will admit, all the requisites to energy.  The
                    218: remaining inquiry is:  does it also combine the requisites
                    219: to safety, in the republican sense - due dependence on
                    220: the people, a due responsibility?  The answer to this question
                    221: has been anticipated in the investigation of its other
                    222: characteristics, and is satisfactorily deducible from these
                    223: circumstances; the election of the President once in four
                    224: years by persons immediately chosen by the people for
                    225: that purpose, and his being at all times liable to impeachment,
                    226: trial, dismission from office, incapacity to serve
                    227: in any other, and to the forfeiture of life and estate by subsequent
                    228: prosecution in the common course of law.  But
                    229: these precautions, great as they are, are not the only
                    230: ones which the plan of the convention has provided in
                    231: favor of the public security.  In the only instances in which
                    232: the abuse of the executive authority was materially to be
                    233: feared, the chief Magistrate of the United States, would,
                    234: by that plan, be subjected to the control of a branch of
                    235: the legislative body.  What more can an enlightened and
                    236: reasonable people desire?
                    237: #copyin
                    238: #user
                    239: #uncopyin
                    240: #match survy
                    241: #log
                    242: #next
                    243: 1.1b 10

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