ment of ambassadors, other public ministers, consuls, judges of the Supreme Court, and other high officers.

$284. The mode of appointment of inferior officers is left in a good measure to the discretion of Congress ; and the power may be vested by them in the President, in the Courts of Law, or in the Heads of Departments. The propriety of this grant of discretionary power, in certain cases, cannot well be doubted. But it is very questionable, if Congress have not permitted its exercise, in some departments of the government, to an extent, which may be highly alarming, and even incompatible with the sound policy and interests of the government. Some departments possess only the unenviable power of appointing their own clerks; whilst others possess a power of patronage, which almost rivals that of the Presdent himself; and the exercise of it is left, in a great measure, without the check of the constitutional advice or consent of the Senate.

§ 285. It is observable, that the Constitution makes no mention of any power of removal of any officer by the President, or by any other body. As, however, the tenure of office is not provided for in the Constitution, except in the judicial department, (where it is during good behavior,) the natural inference is, that all other officers are to hold their offices during pleasure, or during such period, as Congress shall prescribe. But if the power of removal exists, in cases where the term of office is not thus limited by Congress, the question is, in whom does it reside? Does it reside in the President alone? Or does it reside in the body intrusted with the particular appointment? It was maintained, with great earnestness and ability, by some of the ablest statesmen, who assisted in framing the Constitution, that it belonged to the latter, and that, in all cases where the advice and consent of the Senate are necessary to an appointment, the same advice and consent are also necessary to a removal from office. In short, they maintained, with great force of argument and reasoning, that the power of removal was but an inci dent to the power of appointment, and that, consequently, the removal could only take place by the appointing pow

er, and was consummated only by a new appointment. It is singular enough, that in the first Congress, jealous, as it was, of executive power, a different doctrine was maintained, viz., that it is an incident to the executive department. This doctrine arose (it has been said) partly from a just deference to the great man (Washington) then in the office of President, and partly from a belief, that a removal from office without just cause would be an impeachable offence in the President; and, therefore, that there could be no danger of its exercise, except in flagrant cases of malversation, or incapacity of the officer. This latter doctrine has ever since prevailed in practice; and the President is accordingly now pèrmitted to exercise the power of removal, without any restraint from the Senate, although the Constitution, in the enumeration of his powers, is wholly silent on the subject. If we connect this power of removal, thus practically expounded, with another power, which is given in the succeeding clause, to fill up vacancies in the recess of the Senate, the chief guards, intended by the Constitution, over the power of appointment, may become utterly nugatory. A President of high ambition and feeble principles may remove all officers, and make new appointments, in the recess of the Senate; and if his choice should not be confirmed by the Senate, he may reappoint the same persons in the recess, and thus set at defiance the salutary check of the Senate in all such cases.

§ 286. The clause to which we have alluded is, "The President shall have power to fill up all vacancies, that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session." This is a provision almost indispensable to secure a due performance of public duties by officers of the government, during the recess of the Senate; and as the appointments are but temporary, the temptation to any abuse of the power would seem to be sufficiently guarded, if it might not draw in its train the dangerous consequen cer, which have been before stated.

§ 287. The third section of the second article enume rates the duties of the President. "He shall from time

to time give to the Congress information of the state oi the Union, and recommend to their consideration such measures, as he shall judge necessary and expedient. He may, on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time, as he shall think proper. He shall receive ambassadors, and other public ministers. He shall take care, that the laws be faithfully executed; and shall commission all the officers of the United States."

§ 288. The duty of giving information by the President to Congress, of the state of the Union, and of recommending measures, would seem almost too clear to require any express provision. But it is not without its use. It fixes the responsibility on the President; and, on the other hand, it disables Congress from taking any objection, that he is impertinently interfering with their appropriate duties. His knowledge of public affairs may be important to them; and the people ought consequently to have a right to demand it. His recommendation of measures may give Congress the benefit of his large expeience; and, at all events, may compel them to a just discharge of their legislative powers. So that, in this way, each department may be brought more fully before the public, both as to what each does, and what each omits to do, and each will share the responsibility accordingly.

§ 289. The power to convene Congress on extraordinary occasions is founded on the wisest policy. Sudden emergencies may arise in the recess of Congress, and be wholly beyond any previous foresight, yet indispensable to be met with promptitude and vigor. The power to adjourn Congress, in cases of disagreement between the two Houses, is a quiet way of disposing of a practica difficulty in cases of irritation or obstinate differences of opinion between them.

§ 290. The power to receive ambassadors and other public ministers, is a very important and delicate function; and far more so, than it seems to have been deemed even by the framers of the Constitution. In times of profound tranquillity throughout the world, it may properly be con

But it is not so clear, that

fided to the Executive alone. the Senate ought not, in cases of revolutions in foreign governments, to partake of the functions, by their advice and consent. The refusal to receive an ambassador or minister, is sometimes a source of discontent to foreign nations, and may even provoke public hostilities. But in cases of revolution, or the separation of a kingdom into two or more distinct governments, the acknowledgement of an ambassador or minister, of either party, is often treated as an interference in the contest, and may lead to an open rupture. There would therefore seem to be a peculiar propriety, in all such cases, to require greater caution on the part of the Executive, by interposing some check upon his own unlimited discretion. Our own times have furnished abundant examples of the critical nature of the trust; but it has hitherto been exercised with such sound judgement, that the power has been felt to be practically safe, and eminently useful.

§ 291. Another duty of the President is, " to take care that the laws be faithfully executed." And by the laws we are here to understand, not merely the acts of Con gress, but all the obligations of treaties, and all the requisitions of the Constitution, as the latter are, equally with the former, the "supreme law of the land." The great object of the establishment of the executive department is, to accomplish, in this enlarged sense, a faithful execution of the laws. Without it, be the form of government whatever it may, it will be utterly worthless for confidence, or defence, for the redress of grievances, or the protec tion of rights, for the happiness and good order of citi zens, or for the public and political liberties of the peo ple.

§ 292. But we are not to understand, that this clause confers on the President any new and substantial power to cause the laws to be faithfully executed, by any means, which he shall see fit to adopt, although not prescribed by the Constitution, or by the acts of Congress. That would be to clothe him with an absolute despotic power over the ves, the property, and the rights of the whole people. A tyrannical President might, under a pretence of this

sort, punish for a crime, without any trial by jury, oi usurp the functions of other departments of the government The true interpretation of the clause is, that the President is to use all such means as the Constitution and laws have placed at his disposal, to enforce the due execution of the laws. As, for example, if crimes are committed, he is to direct a prosecution by the proper public officers, and see, that the offenders are brought to justice. If treaties are violated by foreign nations, he is to make suitable demands for a due enforcement of them; but he cannot employ the public force, or make war, to accomplish the purpose. If public officers refuse or neglect to perform their appropriate duties, he is bound to remove them, and appoint others who will honestly and faithfully perform them.

§ 293. The remaining duty is, “to commission all the officers of the United States." The President cannot lawfully refuse, or neglect it in any case, where it is re quired by law. It is not designed, as some have incor rectly supposed, to give him a control over all appoint ments; but to give to the officers a perfect voucher of their right to office. In this view, it is highly important, as it introduces uniformity and regularity into all the departments of the government, and furnishes an indisputable evidence of a rightful appointment.

§ 294. The remaining section of this article contains an enumeration of the persons, who shall be liable to be removed from office by impeachment, and for what of fences. It is, "The President, Vice President, and all civil officers of the United States, shall be removed from office, on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors." The true objects and interpretation of this clause have been already sufficiently considered.

§ 295. There are other incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it. Among these, must necessarily be included the power to perform them, without any obstruction or im pediment whatsoever. The President cannot, therefore,