Lastly, a number of the officers of government
are annually appointed by the legislative department. As the appointment
to offices, particularly executive offices, is in its nature an
executive function, the compilers of the Constitution have, in this last
point at least, violated the rule established by themselves.
I pass over the constitutions of Rhode Island and Connecticut, because
they were formed prior to the Revolution, and even before the principle
under examination had become an object of political attention.
The constitution of New York contains no declaration on this subject;
but appears very clearly to have been framed with an eye to the danger
of improperly blending the different departments. It gives,
nevertheless, to the executive magistrate, a partial control over the
legislative department; and, what is more, gives a like control to the
judiciary department; and even blends the executive and judiciary
departments in the exercise of this control. In its council of
appointment members of the legislative are associated with the executive
authority, in the appointment of officers, both executive and judiciary.
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