which the president was elected, unless the temporary disability of the president be sooner removed. If both offices should be vacant, the law makes it the duty of the secretary of state to cause notice to be given to the executive of every state, and published, ordering an election for the appointment of presidential electors, to elect a president.

186. The president, at stated times, receives for his services a compensation, which is neither to be increased nor diminished during the period for which he has been elected; and he shall not receive, within that period, any other emolument from the United States, or any of the

states.

187. As it is a fundamental principle of our government, that the several departments should be kept separate and distinct, the support of the president was secured by a constitutional provision, in order to preserve the due independence of the executive department; which could not be expected, if the legislature could control, at its discretion, the salaries of the executive and judicial officers. The compensation provided by law for the president, is $25,000 a year, with the use of buildings, furniture, and other effects belonging to the United States; and that of the vice president is $5,000 a year, payable at the treasury.

188. Before a president enters on the execution of the duties of his office, he is required to take the following oath or affirmation:

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I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States; and will, to the best of my ability, preserve, protect and defend the constitution of the United States."

189. It is the practice, under the constitutions, both of the United States, and of all the states, for legislators,

If both offices become vacant, how are the vacancies filled? 136. How is the president's compensation provided for? 187. What is the object of a constitutional provision for the support of the president? What compensation does he receive? What the vice president? 188. What is required of the president before he enters

judges, jurors, witnesses, and other civil, as well as military officers, to bind themselves under the solemnity of an oath, to discharge their trusts and duties faithfully. An oath supposes a belief that there is a God, who will hereafter reward the worthy and punish the wicked. There are persons who believe that all oaths are forbidden they simply affirm, or declare. But a false affirmation subjects the person so affirming, to all the pains and penalties of perjury.

CHAPTER VII.

Powers and Duties of the President.

190. THE president is, by the constitution, made commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into actual service of the United States. The command and application of the public forces to execute the laws, maintain peace, and resist foreign invasion, are powers of an executive nature, and require the exercise of qualities characteristic of this department: in every well organized government, these powers have therefore been appropriated to the executive.

191. The president may require the opinion, in writing, of the principal officers in each of the executive departments, upon any subject relating to the duties of their offices. As the several departments are established to aid in the administration of the laws, and as the duties of the president make it necessary that he should be kept acquainted, as fully as possible, with the business of every

on the duties of his office? 189. What is an oath? What is the practice of those who believe oaths to be forbidden?

190. What power has the president in relation to the army and navy? 191. Why are the opinions of the executive officers requi

branch of the executive department; it is proper that the principal officers in each should give to the chief executive officer, such information and assistance, as may be at any time required of them.

192. The president has power to grant reprieves and pardons, for offences against the United States, except in cases of impeachment. The necessity of a pardoning power, arises from the imperfection of human justice. Under the most correct administration of the laws, men' are sometimes liable to suffer from revengeful accusers, the inaccuracy of testimony, or the fallibility of jurors. But there are cases in which policy and humanity require that punishment should be remitted, though the crime be clearly ascertained. The power of pardon, vested in the president, is unlimited, except in cases of impeachment. He is prevented, in that case, from screening public officers, with whom he might have formed a corrupt coalition, or who might be his particular favorites or depend

ants.

193. The president has power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur. A treaty is a bargain or agreement between nations on any matter that concerns them. It is in this manner that civilized nations settle their disputes, and agree upon the terms of peace at the close of a war. Commercial intercourse between nations is sometimes regulated by treaty. The terms of a treaty are agreed on by the ministers of each party, who put their agreement in writing; two copies of which are made, signed and sealed; and one of them is sent to each of the respective sovereigns, by whom the contract is either ratified or rejected. Both parties must ratify, or there is no treaty.

194. In a monarchical government, the power of ratifying and rejecting treaties is exercised by the king. In the United States, the power of making treaties is confided

red? 192. From what arises the necessity of the pardoning power? How is this power limited? 193. What is a treaty? What matters are regulated by treaty? How are treaties made? 194. In whom

As treaties are the supreme

to the president and senate. law of the land, this power is considered by some as more properly belonging to the legislature in a free government. But as secrecy and despatch in negotiations may become necessary, in order to take advantage of a sudden and favorable turn of public affairs, this power is properly confided to the executive. And yet, to place without limitation, in the hands of the president alone, so important a power, was not deemed altogether safe. The senate was therefore properly associated with the president in the exercise of this power. Its memhers are easily assembled, and are generally governed by steady, systematic views, and a due regard for national character, and act with promptitude and firmness.

195. The president nominates, and by and with the advice and consent of the senate, appoints ambassadors, other public ministers, and consuls, judges of supreme court, and all other officers of the United States, whose appointments are not in the constitution provided for, and which shall be established by law. But congress may, by law, vest the appointment of such inferior officers as it thinks proper, in the president alone, in the courts of law, or in the heads of departments.

196. The appointment of subordinate officers of the government, concerned in the administration of the laws, belongs with great propriety to the president, who is in a measure 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 exceptionable.

is this power vested in the United States? For what reasons is the senate, more properly than the house, associated with the president? 195. How are executive officers nominated and appointed? 196. Why are the advice and consent of the senate deemed essential?

197. The president has power to fill up all vacancies that happen during the recess of the senate, by granting commissions which shall expire at the end of its next session. This power is essential to prevent the inconvenience, and that 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. Without this restriction upon the power to fill vacancies, the president might continue men in office at his own pleasure, for an unlimited period, howsoever incompetent or unfaithful they might be.

198. 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 before been made; as, in that case, no vacancy would have happened. And if the senate be in session when a new office is created by law, and a nomination be not then made by the president, it is supposed he cannot appoint to such office during the recess, as the vacancy does not then happen.

199. The power of the president to remove an executive 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.

200. The president is required, from time to time, to give to congress information of the state of the union; and to recommend to its consideration such measures as he shall judge necessary and expedient. He delivers to congress annually, at the opening of every session, a message, giving information relative to the state of the union, its internal affairs, and its relations with foreign

198.

197. What power has the president in filling up vacancies! What are vacancies that happen? 199. May the president remove an executive officer? From what is this power inferred? 200. What