Page images
PDF
EPUB

preme court, and all other officers of the United States whose appointments are not herein, (in the constitution,) otherwise provided for, and which shall be established by law. But the congress may, by law, vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments."

The appointment of subordinate officers of the government, concerned in the administration of the law, belongs with great propriety to the president, who is in a great degree responsible for the faithful execution of the laws. The association of the senate with the president in the exercise of this power, affords a salutary check upon the misinformation or errors of the president; whilst it does not materially lessen his responsibility, or his liability to the public censure or approbation; as he still retains the right of selection and nomination, and as the senate seldom rejects a nomination, unless it be highly excep

tionable.

"The president shall have power to fill up all vacaneies that happen during the recess of the senate, by granting commissions which shall expire at the end of their next session."

This power is essential to prevent the inconvenience, and detriment to the public interest, which might be occasioned by vacancies in office. But the same reasons for which the senate is made a part of the appointing power, require that commissions granted by the president should not extend beyond the close of the next session of the senate; otherwise the president might continue men in

erly than the house, associated with the president? How are executive officers nominated and appointed? Why are the advice and consent of the senate, deemed essential? What power has she president in regard to vacancies? What are vacancies that

office at his own pleasure, for an unlimited period, howsoever incompetent they might be. Vacancies that happen, are those which occur from death, resignation, promotion or removal; and the power has been questioned of appointing ambassadors to foreign nations, during the recess of the senate, where no such appointments had bʊfore been made; as, in that case, no vacancy would have happened. And if the senate is in session when a new office is created by law, and a nomination is not then made by the president, he cannot appoint to such office during the recess, as the vacancy does not then happen.

The power of the president to remove an exccutive officer has also been questioned, as no such power is expressly authorized by the constitution; but as it does not declare that any but judicial offices may be held during good behavior, it is presumed that others are held during the pleasure of the appointing power.

"He shall from time to time give to the congress information of the state of the union; and recommend to their consideration such measures as he shall judge necessary and expedient."

The president delivers to congress annually, at the opening of every session, a message, giving information respecting the state of the union, its internal affairs, and its relations with foreign powers. It also recommends to congress the adoption of such measures as the public good may be supposed to require. Special messages are also communicated to congress, from time time, on subjects as they arise, or in obedience to calls of congress for information.

"He may, on extraordinary occasions, convene both

happen? May the president remove an officer? From what is this power inferred? What does the president's message contain? What is a special message? What other duties are required of the presi

houses, or either of them; and, in case of disagreement. between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public minisers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the United States."

The propriety of committing these simple duties to the president, is self-evident: they are in their nature duties that pertain to the executive department of the govern

ment.

The trusts committed to the president are various and important; and their proper or improper exercise must have a sensible effect, either for good or for evil, upon the general welfare. In view of the magnitude of the executive trust, the constitution has made liberal provision to prevent its abuse: first, in the mode of the president's appointment; which seems to afford a sufficient safeguard against the election of incompetent men, as well as against the successful employment of undue means to procure an election secondly, by the limitation of office; he being made subject to removal at the end of four years: thirdly, by the precise and definite limitations imposed upon the exercise of his power: and lastly, by providing for his removal from office, by impeachment, at any time, for misdemeanor or mal-administration.

But to all these safeguards and restrictions, should be superadded unremitting watchfulness on the part of the people. No barriers which the constitution interposes, nor all the restraints which have been, or that can be, imposed by law, will be sufficient to protect the liberties of the people, if the public eye cease its supervision over

dent? By what provisions in the constitution, is the abuse of executive power guarded against?

the conduct of those entrusted with the exercise of the powers of government; and if the sovereign people be not disposed to call those to account who abuse the trust confided to them.

CHAPTER XXVI.

Executive Auxiliaries.-Department of State-of the Treasury of War of the Navy.

To aid the president in the administration of the government and laws of the United States, the following departments have been established, viz: The departments of state, of the treasury, of war, of the navy, of the post office: the officers of these departments, together with the attorney general, form the principal home ministers of the executive, and constitute what is called the cabinet." The foreign ministers, and agents of a permanent character, are ambassadors, charges des affaires, and consuls.

66

Department of State. This department existed for many years previously to the adoption of the constitution. It was called "the department of foreign affairs," and the chief officer was entitled "the secretary of the department of foreign affairs." By the act of 1789, it was denominated "the department of state," and the principal officer therein, "the secretary of state;" who performs such duties as are committed to him by the president, rel

What auxiliary departments have been established to aid in the administration of the government? What are the heads of those departments called? What are the duties of the secretary of state?

alive to foreign intercourse, and to public ministers and consuls; or to negotiations with foreign powers, to memorials and other applications from foreign ministers or other foreigners; or to such other matters as shall be assigned to his department by the president of the United States. As the official opinions of the executive are expressed, in all diplomatic intercourse, through this officer, he is sometimes called, the diplomatic agent. Diplomacy means, the power of negotiation; or, the customs, rules and privileges of ambassadors, or other representatives at foreign courts.

The secretary of state keeps the seal of the United States; he makes out records and seals all civil commissions to officers appointed by the president, by and with the advice and consent of the senate, or by the president. He causes the laws, and all treaties ratified by the United States, after their passage, to be published in the newspapers designated for that purpose, not exceeding three in each state and territory. He causes to be published, at the close of every session, eleven thousand copies of the acts of congress, and to be distributed among the public officers of the government, and among the several states. There are many duties of a similar nature which devolve upon this officer. The patent office is connected with this department. The secretary of state employs a chief clerk, and a number of subordinate clerks, whose compensation is fixed by law. The salary of the secretary of state is six thousand dollars a year.

Department of the Treasury. This department existed under different forms during the confederation, and for many years after the adoption of the constitution. It re

What is diplomacy? What other duties doe this officer perform! What is his salary? What are the officers of the treasury depart

N

« PreviousContinue »