That is, the presence of a treasonable purpose in the subject, is conclusive evidence of the absence of loyalty in him. But, political privileges, or franchises, have their existence only in loyalty to the enfranchising power. Therefore in all countries and under all forms of government, the inevitable consequence of treason, is political death; that is, the traitor possessing any political franchise whatever, is, by the act of treason, deprived of it. Political rights are conferred as trusts, to be exercised only for the public good, by sustaining and defending the public authority, in its just and benign administration. Hence, the very end to be subserved, by conferring political rights and privileges, is destroyed by treason. Such is its nature, and such the inevitable consequences thereof, that the ascertainment of the treason, is, of itself, a judgment of forfeiture. That is, any act which proclaims the treason, proclaims, also, the political death of the traitor. When the government of the United States was compelled to declare the people of certain states, as political corporations, in a state of rebellion and civil war, such proclamation carried with it, the sentence of political death, in respect to such corporations, and the members thereof.1

S500. Whatever have been the theories of men respecting the political status of those states which went into rebellion against the government of the United States, they, practically, have arrived at the same result in adjusting their political relations. The citizens of these states have been treated as deprived of their political rights and franchises. They have been made

This principle is illustrated in all the action taken by the government of the United States toward the citizens of the rebellious states. President Johnson, in his proclamation of the 29th May, 1865, respecting North Carolina, asserts, among other things, that the rebellion has deprived the people of that state of all civil government; and that in order to enable the loyal people of the state to organize a state government, he appoints William W. Holden, provisional governor, whose duty it is to make regulations, enabling the loyal citizens to elect delegates, &c. It provides further, as to the qualifications essential to become a delegate or an elector. This proclamation is based upon the hypothe ses that the inhabitants of North Carolina have forfeited their political rights by the rebellion, and that the executive has the authority to prescribe the manner in which they may be again invested with them. It distinctly proposes that none but loyal citizens shall participate in the organization of the new government of the state.

So far as President Lincoln attempted any movement in the direction of reconstruction, he proceeded upon the hypothesis, that unpardoned rebels had no political rights, and should be permitted to exercise no political authority. In virtue of his powers, under the constitution, and special laws enacted for that purpose, he issued his proclamations of amnesty on the 8th December, 1863, and the 26th March, 1864, in which he released the penalties incurred, and restored the rights of citizenship to certain classes of those who had been in rebellion, and who had complied with the prescribed conditions. To such, and to those who had remained loyal to the nation, he confined the exercise of political rights in the rebellious states. Congress have, likewise, observed a similar rule. In all their legislation upon the subject, they have claimed and exercised the authority of treating the inhabitants of those states as being destitute of political rights; as being subject to any conditions looking to their future enfranchisement which congress may see fit to impose.

the subjects of executive pardons from time to time.1 Early after the downfall of the rebellion, the president issued his annesty proclamation, excepting therefrom certain classes of the inhabitants of these insurgent states. In all official intercourse between the general

1 By the provisions of the act of congress of July 17, 1862 ( 13), the president was authorized at any time thereafter, by proclamation, to extend to persons who had participated in the existing rebellion in any state or part thereof, pardon and amnesty, with such exceptions, and at such time and on such conditions as he might deem expedient for the public welfare. In accordance with this provision, President Lincoln, on the 8th December, 1863, and again on the 26th March, 1864, issued a proclamation of amnesty, but without effect. On the 29th day of May, 1865, President Johnson issued the following. After referring to the amnesty proclamations of President Lincoln, and stating that many who had failed to avail themselves of the benefits thereof, were then desirous of obtaining amnesty and pardon, he proceeds: "To the end, therefore, that the authority of the government of the United States may be restored, and that peace, order and freedom may be re-established, I, Andrew Johnson, President of the United States, do proclaim and declare that I hereby grant to all persons who have directly or indirectly participated in the existing rebellion, except as hereinafter excepted, amnesty and pardon with restoration of all rights of property, except as to slaves, and except in cases where legal proceedings under the laws of the United States providing for the confiscation of property of persons engaged in rebellion, have been instituted; but on the condition, nevertheless, that every such person shall take and subscribe the following oath or affirmation, and thenceforward keep and maintain said oath inviolate, and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit: I do solemnly swearor affirm-in the presence of Almighty God, that I will henceforth faithfully support and defend the constitution of the United States and the union of the states thereunder; and that I will in like manner abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves, so help me God.

"The following classes of persons are excepted from the benefits of this proclamation:

1. All who are or shall have been pretended civil or diplomatic officers, or otherwise domestic or foreign agents of the pretended Confederate govern

ment.

2. All who left judicial stations under the United States to aid the rebellion. 3. All who shall have been military or naval officers of said pretended Confederate government above the rank of colonel in the army or lieutenant in the navy.

4. All who left seats in congress of the United States to aid the rebellion. 5. All who resigned or tendered resignations of their commissions in the army or navy of the United States to evade duty in resisting the rebellion. 6. All who have engaged in any way in treating otherwise than lawfully as prisoners of war, persons found in the United States service as officers, soldiers, seamen, or in other capacities.

7. All persons who have been, or are, absentees from the United States for the purpose of aiding the rebellion.

8. All military and naval officers in the rebel service who were educated by the government in the military academy at West Point, or the United States Naval Academy.

9. All persons who held the pretended offices of governors of states in insurrection against the United States.

10. All persons who left their homes within the jurisdiction and protection of the United States and passed beyond the federal military lines into the so called Confederate states for the purpose of aiding the rebellion.

11. All persons who have been engaged in the destruction of the commerce of the United States upon the high seas, and all persons who have made raids into the United States from Canada, or been engaged in destroying the commerce of the United States upon the lakes and rivers which separate the British provinces from the United States.

12. All persons who, at the time they seek to obtain the benefits hereof by taking the oath herein prescribed, are in military, naval or civil confinement or custody, or under bonds of the civil, military or naval authorities or agents of the United States as prisoners of war, or persons detained for offenses of any kind, either before or after conviction.

13. All persons who have voluntarily participated in said rebellion, and the estimated value of whose taxable property is over twenty thousand dollars. 14. All persons who have taken the oath of amnesty as prescribed in the President's proclamation of December 8, 1863, or an oath of allegiance to the government of the United States since the date of said proclamation, and who have not thenceforward kept and maintained the same inviolate.

Provided, that special application may be made to the President for pardon by any person belonging to the excepted classes, and such clemency will be liberally extended as may be consistent with the facts of the case and the peace and dignity of the United States.'

government and these states and their people, they have not been recognized as possessing any political rights; or as having any authority to re-construct the government of their states, or to re-invest themselves with political rights. The mayors of their cities, and the governors of their states have been subject to removal by the authority of the nation. While some contended for the political death of these states; others for the doctrine that they are still states, with all political functions suspended, others still that they are states in full life and power, because they had not authority to secede, yet all agree that the government and people of the nation, had just authority to impose suitable conditions to their return as political associates and equals as members of the national family.

CHAPTER XVI.

OF THE OFFICE OF PRESIDENT AND OF VICE-PRESIDENT -THEIR DUTIES AND POWERS.

S501. THE president and vice-president of the United States hold their respective offices during the term of four years, and are elected in the manner following. Each state appoints, in such manner as the legislature thereof direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress. The electors so appointed are required to meet in their respective states and vote by ballot for president and vice-president, one of whom must not be an inhabitant of the same state with themselves. The ballot must designate the person voted for as president; and there must be a distinct ballot for vice-president. The electors are then required to make out a distinct list of all persons voted for as president, and of all voted for as vice-president and of the number of votes for each, which list they are required to sign, certify and transmit sealed to the seat of government of the United States, directed to the president of the senate. The president of the senate is required to open these certificates in the presence of the senate and house of representatives and to count the votes; and the person having the greatest number of votes for president, when such number is a majority of the whole number of electors, is elected

president. But if no person has such majority, then from the persons receiving the highest numbers-not exceeding three-on the list of those voted for as president, the house of representatives are required to choose immediately by ballot, the president. But in making this choice the state, by its representation, has but one vote; and to constitute a quorum for such purpose twothirds of the states must be represented. If the house of representatives should fail to elect a president when the duty devolves upon them, by the fourth of March following, then the vice-president is required to act as president, as in case of death or other constitutional disability of the president. The person having the greatest number of votes as vice-president is elected to that office provided the number be a majority of the whole number of the electors appointed; but if no person have such majority, then from the two highest on the list, the senate choose the vice-president. A quorum for such purpose consists of two-thirds of the whole number of senators; and a majority of the whole number is necessary to a choice.1

$502. Congress determines by law, the time for choosing the electors for president and vice-president, which time the constitution requires should be uniform throughout the United States. The time fixed by congress is the second Tuesday of November.2

S 503. No person, except a natural born citizen of the United States, is eligible to the office of president or of vice-president. Nor is any person eligible who has not attained the age of thirty-five years, and who has not been fourteen years a resident within the United States. These are the only constitutional qualifications prescribed as essential to the incumbent of the office of president or vice-president.3

$504. In case of the removal of the president from his office, or in case of his death, resignation or inability to discharge the powers and duties of the said office, they devolve upon the vice-president. Congress is authorized to provide by law for the case of removal, death, resignation or inability, both of the president and vice-president, declaring what officer shall then act as president: which officer so designated is authorized and required to act accordingly, until the disability be removed, or a president be duly elected. The presi

1 Art. 2, 21, Const. U. S.; and twelfth amendment of the Constitution.

2 Art. 2, 1, cl. 4, Const. U. S.

Art. 2, § 1, cl. 5, 12th amendment to the Constitution, 3d clause.

dent is to receive a stated salary which can neither be increased or diminished during the term of his office; and he is not to receive within that period, any other emolument from the United States, or from any of them. Before entering upon the execution of the duties of his office, he is required to take the following oath or affirmation: "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.""

S505. The powers and duties which attach to the office of president of the United States, may be denominated executive, military and presidential. The constitution provides that the executive power shall be vested in a president of the United States; whereby the president is constituted the executive head of the nation, and it is made his especial duty to take care that the laws are faithfully executed. As the executive, he is simply a civil officer, whose duties are prescribed by law; and his authority in the discharge of the duties of his office, is as strictly limited to the means or measures prescribed by law, as is the authority of any executive officer, in the discharge of executive duties. That is, the president has none of the prerogative powers sometimes exercised by the king, who is the executive head under the British constitution. His duties and powers, as the

1 Art. 2, 1, clauses 6, 7, 8 and 9, Const. U. S.

2 Says RUTHERFORTH: "If we continue to speak of the legislative and executive power in the abstract, it will be difficult to explain rightly what is meant by prerogative. It cannot properly be called discretionary executive power; because the executive power, in the nature of the thing is not discretionary in any part. Whenever it acts as discretion, this privilege, unless it arises from the necessity of the case, as in the heat of military action, comes from the legislative, either by original establishment, or by long usage and custom, or by occasional permission. We shall be better able to understand what prerogative is, if we speak of the legislative and executive power, not in the abstract, but as lodged or intrusted by the state, in the hands of some one or more persons. Where the person, so intrusted with the executive power, is left, by the legislative, to act in any instance, at his own discretion, to direct by his own understanding, the public force which is naturally under the direction of the public understanding, such a discretionary power in him is called prerogative. Thus, in penal cases, if the legislative forbid the public force to be put in motion for the punishment of any action till the fact itself is proved to the public understanding in such a manner as the law appoints, and these will not suffer this force to be used but under the conduct of the law, so as to inflict only the legal penalty; thus far there is no prerogative or discretionary power in him who is intrusted with the executive. But if the legislative, instead of reserving to itself the right of judging whether such legal punishment is to be suspended, or whether the criminal is to be wholly pardoned, leaves it to him to pardon or not as he thinks proper, such a discretionary power intrusted with him is called prerogative." (Institutes, B. 2, ch. 3, 8.) But this kind of prerogative power in the individual, is prerogative only in administration, not in source or origin. His discretion in such case, is derived from a higher authority, which is prerogative over him, and he is exercising the authority of another power, not his own. But the king has original prerogative power, not only prerogative in administration, but prerogative in source. There are now many limitations upon the king's prerogative, by acts of parliament, which involve the king's assent. But in the absence of such limitation, his prerogative is absolute; that is there is no higher authority on earth to restrain or prohibit the exercise thereof.