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of the Senate and House of Representatives, or so weakened as to be ultimately annihilated by a single vote of the more popular branch of the Legislature, unless he possessed this check, as a means of preventing the Legislative and Executive powers, from being united in the same hands.
195. This power, not only serves as a defence to the Executive authority, but furnishes an additional safeguard against the enactment of improper Laws, and secures the community against the effects of precipitancy, or of any impulse or excitement hostile to the public welfare, that may happen temporarily to: influence a majority of the Congress.
196. The President is constituted Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual service of the Union.
197. The command and disposal of the public force to execute the Laws, maintain domestic tranquillity, and resist foreign oppression, are powers obviously of an Executive nature; and particularly require the exercise of the qualities characteristic of this department; and they have uniformly been appropriated to it, in every well organized Government.
198. The President has the sole power of granting reprieves and pardons for offences against the United States, except in cases of impeachment; the necessity of which authority in every Government, arises from the infirmities incident to the administration of human justice.
199. But were that administration perfect, policy would sometimes require the remission of a punishment strictly due, for a crime clearly ascertained ;
and both humanity and policy dictate that this power should be as unrestricted as possible; and hence the expediency of vesting it in the President alone.
200. 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.
201. As Treaties are declared by the Constitution to be a part of the supreme Law of the land, as by their means new relations are formed, and obligations contracted with foreign powers, it would seem most consonant with the principles of a Republican Government, that the right of making Treaties should be vested in the Legislative department.
202. But the preliminary negotiations which are required, and the secrecy and despatch proper to take due advantage of a sudden and favourable turn in public affairs, render it more expedient that this pow. er should be confided to the Executive.
• 203. Although the power of making treaties partakes more of the Legislative than of the Executive character, yet it does not fall strictly within the definition of either. It relates neither to the enacting of new Laws, nor to the execution of those which exist. Its objects are contracts, which have, indeed, the force of Law, but derive that force from the obligations of good faith amongst nations.
204. Treaties are not rules of action prescribed by the Supreme Legislative power, to the citizens of the State ; but agreements between sovereign and independent States. . 205. The power in question accordingly constitutes a distinct department in the Government of the
United States; formed from the association of one branch of the Legislature with the Executive power, and for this purpose, the Constitution invests the Senate with the attributes of an Executive Council.
206. The qualities requisite in the management of national intercourse, indicate the President as the most fit organ of communication with foreign powers, and the efficient agent in the conclusion of treaties; whilst the importance of the trust, and the operation of Treaties as Laws, strongly recommend that they should be made under the advice and control of a portion of the Legislative power.
207. The Senate was selected for this purpose, not only because the deposit of the power in that body, imparts additional weight and security to it as the weaker branch of the Legislature, but because, from its smaller number, it may be more easily assembled, and from its greater permanence, it is presumed to be governed by steadier and more systematic views of public policy, than the House of Representatives; whilst these causes combined, would enable it to act with promptitude and vigour.
208. The President is further invested with the power to nominate, and by and with the advice and consent of the Senate to appoint, Ambassadors, other public Ministers and Consuls, the Judges of the Supreme Court, and all other officers of the United States whose appointments are not otherwise provid. ed for, and which may be established by Law. But Congress may vest the appointment of such inferior officers as they may think proper, in the President alone, in the Courts of Law, or in the heads of departments.
209. The exercise of such a power by the People
at large would be impracticable; and a concurrent right of nomination in the two Houses of Congress, or between the President or any other select body of men, would afford greater temptation and opportunity to intrigue, favouritism, and corruption, and release the appointing power from all real responsibility,
210. The power of selecting the heads of the departments established to aid the President in the discharge of his Executive duties,-of nominating agents to whom the immediate conduct and management of international affairs and the negotiation of treaties are confided ; and of those officers to whom the administration of justice is committed, is, with peculiar propriety, vested in the Chief Magistrate, who is held responsible for those acts of his immediate assistants and confidential advisers, which receive his sanction ; who is charged with the superintendence of foreign relations, and who is bound to see both Treaties and the Laws faithfully executed.
211. The association of the Senate with the President, in the exercise of this power, is an exception to the general delegation of Executive authority, which can never be attended with a mischievous effect, but must at all times operate as a salutary check upon the misinformation or errors of the President; whilst it serves further to increase the weight of the Senate, as a cơunterpoise to the other more numerous and popular branch of the Legislature.
212. To prevent the inconvenience which would arise from occasional vacancies in office, when the Senate is not in session, the President has power to fill up all vacancies which may happen during its recess; by granting commissions which expire at the end of the next session of Congress.
213. The "vacancies” in question are understood to be such as occur from death, resignation, promotion, or removal; and the Constitutional authority of the President, has been held by the Senate not to extend to appointing and commissioning during the recess of the Senate, Ambassadors or Ministers to foreign nations, where no such appointments had before been made.
214. The word “ happen” has also been held by · the Senate, to bear relation to some casualty not provided for by Law. If, therefore, the Senate are in session when new offices are created by Law, and nominations are not then made to them by the President, he cannot appoint to such offices during the recess, as the vacancy does not then happen.
215. When a commission has been signed by the President, the appointment is final and complete; and the officer has then conferred on him legal rights which cannot be resumed. Until then, the discretion of the President, as to the appointment, may be exercised ; but from that moment, the latter is irrevocable; and the power of the President over the office is then terminated, in all cases where by Law the of. ficer is not removable by-him.
216. The Constitution mentions no power of removal, by the Executive department, of any of the officers of the United States. But as the tenure of office of none, except those in the Judicial department, is declared to be during good behaviour, it follows that all others must hold their offices during pleasure; unless in cases where Congress has provid. ed for some other duration of office.
217. So far as Congress constitutionally possesses the power to regulate and delegate the appointment