of "inferior officers;" so far, it may prescribe the term of office, and the manner in which, and the persons by whom the removal, as well as the appointment, shall be made.

218. In the absence of all legislation upon the subject, it is settled that the power of removal is implicitly vested in the President, without any control or co-operation on the part of-the Senate; and, in regard to appointments confided to him by the Constitution, it seems also to be settled, that Congress can give no duration of office which is not subject to the President's power of removal; as all its legislation hitherto in such cases, recognizes the Executive power of removal.

219. The President may, on extraordinary occasions, convene both Houses of Congress, or either of them; and in case of disagreement between them, with respect to the time of their adjournment, he may adjourn them to such time as he may think proper.

220. He 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 respective offices. But he does not possess a like authority with regard to the Judicial department.

221. It is the duty of the President to receive Ambassadors and other public ministers from abroad ; and, as incident to this duty, he is undertsood to possess authority to refuse to receive or acknowledge them; and to dismiss those who, after having been received, become obnoxious to censure, or unfit to be allowed their privileges, by reason of their improper conduct, or from political events.

222. The remaining duties of the President consist in giving information from time to time to Congress,

of the state of the Union, and recommending to their consideration such measures as he shall judge necessary or expedient. He is moreover required to commission all officers of the United States, and generally and comprehensively" to take care that the Laws be faithfully executed."

223. The incidental powers belonging to the Executive department, are necessarily implied from the nature of the duties confided to it; and amongst them is included the power to perform the duties specifically entrusted to that branch of the Government, without obstruction or impediment.

224. The President, therefore, is not liable to arrest, imprisonment, or detention, whilst in the discharge of his office; and for this purpose, his person is deemed, in civil cases at least, to possess an official inviolability.

225. In the exercise of his political power, as distinguished from his ministerial duties in the execution of the Laws, he is to use his own discretion, and is amenable only to his country and his own conscience. His decision in relation to these powers is subject to no direct control; and his discretion, when exercised, is conclusive. But he has no authority to control other officers of the Government, with respect to duties imposed on them by Law, in cases not within his political power.

226. Before he enters on the execution of his office, he is required by the Constitution to take an oath or affirmation, that he will "faithfully execute the office of President of the United States, and to the best of his ability, preserve, protect, and defend the Constitution of the United States,"

227. But, in addition to all the precautions to prevent abuses of the Executive trust, manifest in the mode of his appointment, the limitation of his term of service, the restrictions imposed on the exercise of his powers, and the solemn oath required to be taken by him, the Constitution renders him amenable to justice for mal-administration in his office; and he may be impeached for treason, bribery, and other high crimes and misdemeanors, and, on conviction, be removed from office.

228. To aid the President in the discharge of the several branches of his Executive functions, the Constitution contemplates and recognizes certain subordinate departments, with their respective heads; which have accordingly been defined and established by Law.

229. The first of these auxiliary branches of the Executive power, is " the Department of State," and the principal officer therein is denominated "the Secretary of State," who performs such duties as from time to time are committed to him by the President, relative to foreign intercourse and public ministers and consuls, or to negotiations with foreign powers, or to memorials or other applications from foreign ministers or other foreigners, or to such other matters as the President shall assign to his depart

ment.

230. The Secretary of State conducts the business of his office in such manner as the President from time to time directs; keeps the Seal of the United States, and makes out records, and seals all civil commissions to officers of the United States, who are appointed by the President, by and with the advice and consent of the Senate, or by the President alone.

231. The next subordinate and auxiliary department, is the "Treasury Department;" the principal officer or head of which is styled "The Secretary of the Treasury;" whose duties relate to the superintendence of the finances, the support of the credit, the collection and management of the revenue, and the regulation of the expenditure and accounts of the United States.

232. "The Secretary of the Treasury" is required by Law, to prepare and lay before Congress at the commencement of every session, a report on the finances, containing estimates of the public revenues and expenditures, and plans for improving the public resources; and to report and give information to either branch of the Legislature, in person or in writing as he may be required, respecting all matters referred to him, or which appertain to his office; and generally to perform all such services relative to the public finances as he shall be directed.

233. The next subordinate branch of the Executive department, is "The Department of War;" the head of which is denominated "The Secretary for the Department of War," and executes such duties as are entrusted to him by the President, relative to military commissions, or to the land forces or warlike stores of the United States, or to such other matters respecting military affairs, and the granting of lands for military services, or relative to "Indian affairs," as are assigned to his department.

234. The last branch of the Executive department, established as auxiliary to the President, is "The Department of the Navy" the chief officer of which is styled "the Secretary of the Navy;" whose duty it is to execute such orders as he receives from the President, relative to the procurement of naval stores

and materials, and the construction, armament, equipment, and employment of vessels of war, as well as all other matters connected with the naval establishment of the United States.

235. In case of a vacancy in any of these Executive offices, the President may authorize any person at his discretion, to perform the duties of head of the department, until a successor be appointed, or such vacancy be filled.

CHAPTER III.

OF THE JUDICIAL POWER.

236. The Judicial Power, is that branch of the Government to which the administration of justice, and the interpretation of the Constitution and Laws is entrusted; and no Government can be complete in its form, nor perfect in its principles, without such a distinct and independent department.

237. A Constitution which omitted to establish an adequate Judicial Power, could not be successfully carried into effect; and if, instead of being separated and rendered independent, that Power were blended with one or both of the other departments, or if the officers charged with its administration were dependent on either of the former, the dignity, efficiency, and utility of this department would be destroyed.

238. The Judicial and the Executive departments are mutually auxiliary, and the former partakes, in a measure, of the nature of the latter. It also participates, in some degree, in the Legislative Power, as the Judicial construction of Legislative acts is received as binding and conclusive.

G