Until this be done they cannot

their character. enter upon the performance of their duties. The President is the representative of his country in all diplomatic negotiations, and naturally is intrusted with the power to appoint and receive the agents through whom such negotiations are carried on. It will be observed, however, that he appoints with the concurrence of the Senate (sec. 288, &c.), but receives without their participation. The reason of this difference is, probably, to be found in the fact, that it would be attended with too much inconvenience to summon the Senate together whenever a foreign minister should be sent hither, in order that he might be received and enter upon the discharge of his duties.

304. The President may, in his discretion, refuse to receive a foreign minister; but if his refusal should be for inadequate cause, and unaccompanied with proper explanations, it might bring on hostilities. He may refuse to receive him upon the ground of his former bad character, or former offensive conduct, or because the special subject of the embassy is not proper or not convenient for discussion; or because the state from which he is sent may be divided and distracted by civil wars, so as to render it inexpedient to acknowledge the supremacy of either party. 305. The President may also, when the language

or conduct of a foreign minister is inadmissible, suspend his functions by a refusal to treat with him, or make application to his sovereign for his recall, or dismiss him and require him to depart within a reasonable time. It is said, too, that where the safety of the state absolutely requires it, force may be applied to confine or send him away.

306. This, however, is all that can be done. A foreign minister may insult the government to which he is deputed, or violate its laws, and he cannot be made amenable either to its civil or criminal jurisdiction. By the law of nations, from which the privileges of foreign ministers derive their origin and support, he is exempted from all allegiance, and from all responsibility to the laws of the country to which he is sent; and this immunity extends to the attendants attached to his person.

307. To give effect to this principle of the law of nations, Congress, by an Act passed in 1790, declared that all writs and process issued out of any court of the United States, or of a particular state, or by any judge or justice, whereby any ambassador or other public minister of any foreign prince or state, or any servant of any such ambassador or minister, might be arrested, or his goods and chattels be seized, should be deemed utterly void.

308. Public ministers are divided into four classes:

First, ambassadors and papal legates or nuncios; second, envoys, ministers, or others accredited to sovereigns; third, ministers resident accredited to sovereigns; fourth, chargés d'affaires accredited to the minister of foreign affairs. Ambassadors are considered as peculiarly representing the sovereign or state by whom they are delegated, and entitled to the same honors to which their constituent would be entitled, were he personally present. The right of sending ambassadors is exclusively confined to crowned heads, the great republics, and other states entitled to royal honors. So far, however, as the nature of their respective functions is concerned, there is no essential difference between public ministers of the first and second class. The United States have always appointed ministers of the second class.

309. Though the President is expressly empowered to appoint consuls, he is not expressly empowered to receive them. He has, however, always exercised the power, it being deemed an incident of his authority; and foreign consuls have never been allowed to act as such without his exequatur, or written declaration authorizing them to perform the duties of their office.

310. A consul is a commercial agent, and not at public minister in the sense of the law of nations. He is not, therefore, entitled to the immunities which that law confers upon such ministers. Both in civil

and criminal cases he is subject to the laws of the country in which he resides, equally with all other persons. If guilty too of illegal or improper conduct, his exequatur may be revoked, which puts an end to his functions.

Executes the Laws.

311. It is the duty of the President to take care that the laws are faithfully executed.

312. The very nature of the executive office would seem to imply that the President should perform this function of executing the laws. But it is expressly enjoined on him by the Constitution, and he may employ the forces of the United States in performing it. Accordingly, when combinations exist among the citizens of one or more of the states to obstruct or defeat the execution of acts of Congress, and hostilities thence arise, and assume the dimensions of war, it is the duty of the President to prosecute opposing hostilities, offensive as well as defensive, and upon a scale to suit the exigencies of the occasion. And he cannot, in the exercise of his powers, be restrained by injunction, from carrying into effect an act of Congress, upon an allegation that such act is unconstitutional. Nor can he be arrested, imprisoned, or detained, while discharging the duties of his office; in all civil cases, his person possesses an official inviolability.

Commissions Officers.

313. It is also the duty of the President to commission all the officers of the United States.

314. A commission is the official certificate or written evidence of an appointment to office. It is signed by the President, and if a civil commission, it is made the duty of the Secretary of State to affix to it the seal of the United States.

May be impeached.

315. We have seen elsewhere (sec. 78) that the President, Vice-President, and all civil officers of the United States are to be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. It is unnecessary, therefore, to recur to the subject again.

316. We have thus concluded our survey of the office of President; and we shall now proceed to investigate the powers and duties of the judicial department of the government.

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