"
It is, I suppose, beyond dispute that the intention of that
provision was to protect the members of the Legislative branch
of the Government from Executive influence. The legislator
was not to be induced to create a civil office, or to increase
its emoluments, at the request of the Executive, in the hope
that he might be appointed. He was to preserve his independence
of Executive influence, and to approach all questions in which
he might have to deal with matters which concerned the Executive
power, or Executive action, absolutely free from any bias.
This provision comes, with some modification, from the English
Constitution. The fear of Executive influence was in that
day constantly before the framers of the Constitution and
the people who adopted it. Roger Sherman, in his correspondence
with John Adams, says that he "esteems the provision made
for appointment to office to be a matter of very great importance,
on which the liberties and safety of the people depend nearly
as much as on legislation."
"It was," he says, "a saying of one of the Kings of England
that while the King could appoint the Bishops and Judges he
might have what religion and laws he pleased.
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