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 counterpoise 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 officer 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 provided for some other duration of office.

217. So far as Congress constitutionally possesses the power to regulate and delegate the appointment

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.