§ 488. This power is essential to prevent any detriment to the public interests which might otherwise result from vacancies in office that happen when the senate is not in session. But the persons appointed to fill such vacancies must be nominated to the senate, and their appointment confirmed by that body, during its next session. Without this restriction upon the president's power to fill vacancies, he might continue unworthy favorites in office at his pleasure.

§ 489. Vacancies that happen are those which occur from death, resignation, promotion, or removal; and the power has been questioned of appointing ambassadors to foreign nations, during the recess of the senate, where no such appointments had before been made; as, in that case, no vacancy would have happened. And if the senate bé in session when a new office is created by law, and a nomination be not then made by the president, it is presumed he cannot appoint to such office during the recess, as the vacancy does not in this case happen.

§ 490. The power of the president to remove an executive officer, as it is not expressly authorized by the constitution, has also been disputed. It was the opinion of the writers of the Federalist, who had assisted in framing the constitution, that "the consent of the senate would be necessary to displace as well as to appoint." But this construction has since been rejected, and it appears to be settled by practice, that the power of displacing belongs to the president.

§ 491. It may be proper here to observe, that, according to this practical construction, the constitution fails to provide any effectual guard against the abuse of the power of арpointment. For a president may remove any officer he pleases, and fill the vacancy during the recess of the senate; and, should the senate, at its next session, refuse to sanction the appointment, he may re-appoint the same person, or appoint another favorite, during the next recess, and so on during pleasure.

492. "He shall from time to time give to the congress

expire? § 489. What are vacancies that happen? § 490. Has the president power to remove officers? § 491. If so, may not the object of the constitution be defeated? How? § 492. What duties are

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"information of the state of the union, and recommend to "their consideration such measures as he shall judge neces66 sary and expedient; he may, on extraordinary occasions, 66 convene both houses, or either of them; and in case of disagreement between them with respect to the time of ad"journment, 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."-Art. 2, sec. 3.

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§ 493. The president delivers to congress annually, at the opening of every session, a message, giving information relative to the internal affairs of the union, and its relations with foreign powers; and he brings to its notice such subjects as seem to demand legislative action. Special messages also are communicated, from time to time, as subjects arise, or in obedience to calls of congress for information. The propriety of committing these duties to the president is selfevident. The imperative duty of seeing that the laws are faithfully executed, without question or hesitation on his part, whatever may be their character, is here declared.

§494. From a review of the powers and duties of the president, it appears that they are, many of them at least, exceedingly important; and their proper or improper exercise must have a sensible effect, for good or for evil, upon the public welfare. In view of the magnitude of the executive trust, the constitution seems to have made due provision to prevent its abuse: first, in the mode of the president's appointment; which is calculated to prevent the election of incompetent or undeserving men, as well as the successful employment of undue means to procure an election; secondly, by the limitation of the term of office to four years, at the expiration of which he may be displaced; thirdly, by the precise and definite limitation of his powers; and lastly, by providing for his removal from office, by impeachment, for misconduct.

§ 495. But to all these safeguards and restrictions should

enumerated in this section? § 493. How, and on what occasions does the president communicate to congress? § 494. In what particulars does the constitution guard the executive trust? § 495. What farther

be superadded unremitting vigilance on the part of the people. No barriers which the constitution interposes, nor all the restraints of law, are sufficient to protect the liberties of the people, if the public eye cease to inspect the conduct of those who are intrusted with the powers of government; and if the sovereign people be not disposed to call those to account who abuse the trusts confided to them.

§ 496. "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."—Art. 2, sec. 4.

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Executive Auxiliaries.-Department of State-of the Treas ury-of War-of the Navy-Attorney General.

§ 497. To aid the president in the administration of the government and laws of the United States, the following departments have been established: The department of state, the department of the treasury, the department of war, the department of the navy, and the post office department. The head officers of these departments, together with the attorney general, form the principal home ministers of the executive, and constitute what is called the cabinet. Until recently the postmaster general was not considered a cabinet officer.

§ 498. The department of state existed for many years before the adoption of the constitution. It was called the "department of foreign affairs," and the chief officer was entitled the "secretary of the department of foreign affairs." By the act of 1789, it was denominated the "department of state," and the principal officer therein, the "secretary of state."

safeguard is necessary? § 496. What officers are removable by impeach

ment?

§ 497. What auxiliary executive departments are there? § 498.

§ 499. The secretary of state performs such duties as are committed to him by the president, relating to foreign intercourse, and to public ministers and consuls; or to negotia tions with foreign powers; to memorials and other applications from foreign ministers or other foreigners; or to such other matters as shall be assigned to his department by the president. Through this officer, the views of the executive are officially expressed, and instructions given to diplomatic officers. Hence he is sometimes called the diplomatic agent. Diplomacy means the power or forms of negotia. tion; or, the customs, rules, and privileges of ambassadors and other representatives at foreign courts.

§ 500. The secretary of state keeps the seal of the United States; he makes out, records, and seals all civil commis. sions to officers appointed by the president, by and with the advice and consent of the senate, or by the president. He causes the laws, and all treaties ratified by the government, to be published in the newspapers designated for that purpose in the several states and territories. He causes to be published, at the close of every session, the necessary _number (formerly eleven thousand copies) of the acts of con gress to be distributed among the officers of the general gov. ernment, and among the several states. (§ 250.) There are other duties, of a similar nature, which devolve upon this officer. The patent office is connected with this department. The secretary of state employs a chief clerk, and a number of subordinate clerks, whose compensation is fixed by law. The salary of the secretary of state is $6,000 a year, of the chief clerk $2,000.

§ 501. The department of the treasury existed under different forms, during the confederation, and for many years after the adoption of the constitution. It received its present organization by the act of March, 1817. The officers of this department are, a secretary, who is the head of the department, two comptrollers, five auditors, a treasurer, a register, and a commissioner of the land office; each of whom is allowed one chief clerk, and such additional clerks as the bu siness of their respective offices renders necessary.

When was the state department established? § 499, 500. What are the duties of the secretary of state? What is diplomacy? § 501. When

§ 502. The secretary of the treasury prepares and lays be. fore congress, at the commencement of every session, a report of the finances, containing a statement of the public revenue and expenditure during the past year, the value of the imports and exports for the same period, and estimates of the revenue and expenditures for succeeding years, and plans for improving the revenues. He also makes, annually, a statement of appropriations of money, and of sums remaining in the treasury. He superintends the collection of the revenue, and provides for building and keeping in repair the light houses, beacons, buoys, and public piers; and performs such other duties as appertain to his office. His salary is $6,000 a year.

pre

503. The business of the comptrollers and auditors relates chiefly to examining and settling the public accounts, and to the recovery of debts due to the United States. The treasurer receives and keeps the money of the United States, and pays out the same on warrants drawn by the secretary of the treasury; and on the third day of every session, lays before congress copies of all accounts settled with the comp. troller, and a true account of the state of the treasury. The register annually prepares statistical accounts of the com merce of the United States with foreign countries for the ceding year, to be laid by the secretary of the treasury be. fore congress at every session. Such accounts state the goods imported and exported, and the navigation employed in the foreign trade. The commissioner of the land office superintends and performs such acts as relate to lands patented or granted by the United States. No person holding an office in this branch of the department, is allowed to have any interest in the purchase of any public land; nor may he take any fee or emolument for negotiating or transacting the business of the office, other than his salary. The salary of the first comptroller is $3,500; the salaries of the other comptroller, auditors, treasurer and register, each $3,000; of the chief clerk of each, $1,700; of the commissioner of

was the treasury department established? (See § 168.) When reorganized? What are its officers? § 502. What are the duties of the secretary? His salary? § 503. What are the duties of the comp trollers and auditors? The treasurer? The register? The commis, sioner of the land office? What are their respective salaries? § 504.