es the President ask the advice and consent of the Senate
to their appointment?

But the suggestion that these gentlemen are not officers,
seems to me the merest cavil. They exercise an authority,
and are clothed with a dignity equal to that of the highest
and most important diplomatic officer, and far superior to
that of most of the civil officers of the country. To say
that the President cannot appoint a Senator or Representative
postmaster in a country village, where the perquisites do
not amount to a hundred dollars a year, where perhaps no other
person can be found to do the duties, because that would put
an improper temptation in the way of the legislator to induce
him to become the tool of the Executive will, and then permit
the President to send him abroad; to enable him to maintain
the distinction and enjoy the pleasure of a season at a foreign
capital as the representative of the United States, with all
his expenses paid, and a large compensation added, determined
solely by the Executive will; and to hold that the framers
of the Constitution would for a moment have tolerated that,
seems to me utterly preposterous.

Beside, it places the Senator so selected in a position where
he cannot properly perform his duties as a Senator. He is
bound to meet his associates at the great National Council
Board as an equal, to hear their reasons as well as to impart
his own. How can he discharge that duty, if he had already
not only formed an opinion, but acted upon the matter under
the control and direction of another department of the Government?

The Senate was exceedingly sensitive about this question
when it first arose. But the gentlemen selected by the Executive
for these services were, in general, specially competent for
the duty. Their associates were naturally quite unwilling
to take any action that should seem to involve a reproof to
them. The matter did not, however, pass without remonstrance.
It was hoped that it would not be repeated. At the time of
the appointment of the Silver Commission, I myself called
attention to the matter in the Senate. Later, as I have said,
the Senate declined to take action on the Commission appointed
to visit Hawaii. But there was considerable discussion. Several
bills and resolutions were introduced, which were intended
to prohibit such appointments in the future. The matter was
referred to the Committee on the Judiciary. It turned out
that three members of that