CHAPTER XVIII. The Executive of the United States. 215. THE executive power of the United States is vested in a president, who is chosen for four years, commencing on the fourth day of March; and in certain executive depart ments. 216. The president is chosen by electors, who are in each state the same in number as the number of senators and representatives. Electors are chosen in each state in such manner as its legislature may direct. 217. Three modes have been used; (1.) by the state legislatures; (2.) by having the candidates for the office of elector borne on one ticket, and voted for throughout the state; (3.) to have one elector chosen in one congressional district; or two or three electors in one district; and to have two electors voted for throughout the state. The practice is different in different states, and varies, from time to time, in the same state. 218. The constitution, as amended, as to the choice of electors and election of president, now stands thus :-" The electors shall meet in their respective states, and vote by ballot for president and vice president, one of whom, at least, shall not be an inhabitant of the same state with themselves. They shall name in their ballots the person voted for as president, and, in distinct ballots, the person voted for as vice president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes for each; which lists they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the House of Representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote. A quorum* for this purpose shall consist of a member, or members, from two thirds of the states; and a majority from all the states shall be necessary to a choice. And if the House of Representatives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act as president, as in the case of the death or other constitutional disability of the president. "(2.) The person having the greatest number of votes as vice president, shall be the vice president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the vice president. A quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. (3.) But no person constitutionally ineligible to the office of president, shall be eligible to that of vice president of the United States."+ 219. The president's compensation is fixed by Congress. It has always been $25,000 a year. On entering office, he takes an oath to perform the duties of president, and that he will preserve, protect and defend the constitution of the United States. These duties are complicated and various. Many of them arise by implication. Those expressed in the constitution are, that he shall command the army and the navy; and the militia, when called into actual service of the United States. He may grant pardons and reprieves, except in cases of impeachment. He nominates all officers, civil and military, to the Senate, except some inferior ones otherwise appointed, and the assent of the Senate is necessary to the appointment. The most important of these exceptions is the appointment of deputy postmasters, some of whom have very lucrative offices. He may make treaties, by the agency of persons authorized by him, with all foreign powers; and, if the Senate concur, treaties become the supreme law, and binding on all other branches of the government, and on the states. He fills offices when the Senate are not sitting, who may dissent when they meet. Such appointments are void * Quorum means this:-The whole body being a certain number, a portion of the whole, being present, may act. Thus, if the whole be 100, 70, quorum, that is, of whom, shall have power to do the act required. † See Art. 2d, Sec. 1st, clause 3d. at the end of the next session of Congress, if a nomination be not made to, and confirmed by, the Senate. It is the president's duty to inform Congress, by speech or message, of the state of the Union. He receives foreign ambassadors. He commissions all officers of the United States. If the two branches of Congress disagree as to the time of adjournment, he may adjourn them to such time as he thinks proper. Congress vests in him particular powers and duties, from time to time, by law. No civil officer, nor member of either branch of Congress, nor secretary of any department, nor even the president, is Honorable or Excellent, by the constitution. All the titles usually given, are merely by courtesy. CHAPTER XIX. Heads of Department. 220. THE Constitution does not provide expressly for the establishment of executive departments; but it recognizes such departments, and also that there may be appointments to office by "the heads of departments." The several departments now existing are established by law. These are, (1.) of state; (2.) of the treasury; (3.) of the navy; (4.) of war. Others may be established. Officers are appointed in each department, by nomination of the president and approval by the Senate, who are called secretaries. The performance of duty by law required in these departments, is distributed among many officers, of whom the secretary is the chief or head. 221. The president may call on those secretaries for written opinions relating to the subjects which are under their management, respectively. By the aid of subordinate officers, and numerous clerks, exact records are kept of the transactions of these departments. 222. The secretaries of the treasury, of the army, and of the navy, make an official statement of the affairs of their departments, which is laid before Congress, at the first session. The statement contains an account of the acts done, and such as, in the opinion of these officers, should be done. Affairs relating to the Indians belong to the department of the secretary at war. The secretaries are frequently required by the House, and by the Senate, to furnish information from the records and documents kept in their offices. The secretaries are usually called " heads of departments." There is a board of commissioners for the navy, a recent establishment by law. 223. A law officer resides at the seat of government, who is called the "attorney general of the United States." His duties are to attend, in the Supreme Court, to all cases in which the United States is a party, or interested; to give legal opinions on the construction of the laws; to examine all claims for the issuing of patents for inventions, and to allow patents, if in his opinion the claim is well founded. Other duties, express and implied, are performed by him; and special duties may be required, by law of Congress. He is not restricted from engaging as counsel in causes in which the United States are not a party, or interested. 224. The secretary of state is the official organ of communication with all ministers and agents sent to the United States by foreign governments. He corresponds with American ministers and agents resident abroad. His duties bring him into intimate connexion with the president, who is presumed to know in what manner he performs them. The president expresses his official opinions, in all diplomatic intercourse, through this officer. 225. Diplomacy signifies the communications which are made between independent nations, by their respective ministers or agents. The Latin word diploma means a charter, or writing; and diplomacy is supposed to be derived from the kind of written credential which such agents bear, authenticated by the national seal; which seal is the admitted evidence of facts certified under its authority. 226. The secretaries, attorney general, and all officers and clerks, are paid fixed salaries, which are provided for in the appropriation bill, or law of Congress, passed at every session. This bill includes all the ordinary expenditures of government, and provides for all payments to be made in behalf of the nation, excepting where a special act is proper. 227. Excepting that the constitution authorizes the president to require the written opinion of the heads of departments, on any subject relating to the duties of their respective offices, he has no council. He acts on his individual responsibility. The attorney general is frequently called on (though not so provided for in the constitution) for his opinion, by the president. 228. It is understood that General Washington availed himself of the written opinion of the secretaries, and of the attorney general; but that he decided for himself, with the light derived from these sources. He construed the constitution to mean, that the president may obtain information and advice as he may see fit; but that he alone is answerable to the people for his acts, and their consequences. How far the same course has been followed by his successors, is not generally known. 229. The four secretaries, and the attorney general, are spoken of as "the cabinet," or private council, of the president. 230. The vice president has no official relation to the executive department. He is known only as the presiding officer in the Senate. 231. It is the opinion of many intelligent persons, that the labors of conducting the government could be more easily and correctly performed, by the establishment of a Home De partment; in other words, a further division of executive labors. Some duties would be taken from each of the existing departments, and concentrated in a home department. The affairs of this country are become so extensive and complicated, as to make such an amendment of the system almost indispensable. Those who think so, are not agreed on the mode of doing it. CHAPTER XX. Judicial Power. 232. EVERY state in the Union constitutes one, or is divided into two, judicial districts of the United States. There is, in each, a district judge, nominated by the president, and approved by the Senate, and commissioned by the presi dent. His powers relate to causes arising under the laws made for the collection of duties; to seizures of goods, alleged to be forfeited; to penalties and forfeitures, under the United States' laws; to certain cases where aliens and foreign consuls are parties; and to certain crimes, of inferior grade, committed against the laws of the United States, whether on land or sea. Trials arising on contracts for seamen's wages are had in the District Court. In some cases, the judge proceeds with a jury, and in others without, according to the nature |