only so long as such inability continues. On the other. hand, when the offices of President and Vice-President both become vacant, Congress have provided that a new election shall take place. Meanwhile the President of the Senate pro tempore, or, if there be no President of the Senate, then the Speaker of the House of Representatives, acts as President.

265. Congress have also provided that the only evidence of a refusal to accept, or of a resignation of the office of President or Vice-President shall be an instrument in writing declaring the same, and subscribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the Secretary of State.

266. In order to provide for the exigency of a vacancy in the office of President during the recess of Congress, it has become usual, as we have already seen (sec. 76), for the Vice-President, a few days before the termination of each session of Congress, to vacate the chair of the Senate, to enable that body to elect a President pro tempore.

His Salary.

267. The Constitution declares that the President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have

been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

268. In the first term of Washington's administration the salary of the President was fixed at the sum of twenty-five thousand dollars per annum. This sum, together with the use of the Presidential mansion and furniture, was deemed adequate to the becoming support of the President. No change was ever made in respect thereto, until March third, eighteen hundred and seventy-three, when Congress enacted that on and after the fourth day of March ensuing, the President should receive in full, for his services during the term for which he had been elected, the sum of fifty thousand dollars per annum, payable monthly. By the same act, the salary of the Vice-President was increased from eight to ten thousand dollars per annum.

269. A salary should be granted the President, otherwise persons of moderate fortunes might be deterred from accepting the office, however well qualified in other respects to perform its duties; or, on the other hand, be impeded in their performance by pecuniary difficulties, and exposed to unworthy temptations in consequence of them. Congress should not have the power to increase or diminish this salary during the period for which the President was elected, because his independence would be thus endangered or destroyed. In order to prevent a diminution of

his salary on the one hand, or to obtain its augmentation on the other, he would be apt to take the will of Congress for his guide, instead of performing his duties in a firm, impartial manner. It has been justly remarked that a control over a man's living is, in most cases, a control over his actions.

His Oath.

270. Before entering upon the execution of his office, the President is required to take the following oath:-"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."

His Powers.

271. The President is 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 United States; he may require the opinion, in writing, of the principal officer in each of the executive departments upon any subject relating to the duties of their respective offices; and he has power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

Commander-in-Chief of the Army.

272. Experience has demonstrated that the success of military and naval operations essentially depends upon the vigor, promptitude, and energy with which they are executed, and that these qualities are most likely to be displayed where the command is intrusted to a single person. Hence the propriety of confiding the command of the public force to the President. When the legislative authority has declared war, the President, to whom its execution is confided, is bound to carry it into effect. He has a discretion vested in him as to the manner and extent; but he cannot lawfully transcend the rules of warfare established among civilized nations.

273. The President is not obliged, in person, to take the command of the army, but he may delegate his right to another officer; nor is he obliged to command, in person, the militia when they are called into the public service, but may confer the chief command upon another. In his capacity of commander-in-chief of the army and navy, he may establish rules and regulations for their government; and the rules and orders emanating from the War and Navy Departments are to be considered as emanating from him.

Executive Departments.

274. To enable the President to perform the various important duties devolving on him, Congress have at different times created executive departments, to which are allotted functions peculiar to each. These departments are now six in number, and are designated as follows:-First, Department of State; secondly, Department of the Navy; thirdly, Department of War; fourthly, Department of Treasury; fifthly, Post-Office Department; sixthly, Department of the Interior.

275. These departments are aids and instruments by which the executive authority of the government is administered. The chief officer of each is termed Secretary, and the name of the department over which he presides at once suggests the character of the duties confided to him.

276. Thus the Secretary of State, in subordination to the President, has the general charge of all matters relating to our foreign affairs; the Secretary of War, of all matters relating to the control and disposition of the army, the erection of fortifications, and the purchase of arms and munitions; the Secretary of the Navy, of all similar matters relating to the naval establishment of the United States; the Secretary of the Treasury has charge of the finances of the