the powers and duties of the said office, the same devolves upon the Vice-President, and Congress has the power to provide by law for the succession to the Presidency in case of the removal, death, resignation, or inability both of the President and the Vice-President." Congress has twice legislated on this subject; the first law vested the succession first in the President pro tempore of the Senate, and then in the Speaker of the House. The present law, passed in 1887, provides for the succession to the Presidency of those members of the Cabinet who possess the necessary qualifications, in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney General, Secretary of the Navy, Secretary of the Interior, PostMaster General. The Vice-President has never assumed the powers and duties of the President on account of the President's "inability to discharge the powers and duties of the said office," and the question when he would be authorized to perform such duties and powers under this clause is still one of the undetermined problems of the Constitution. SECTION 52. POWERS AND DUTIES OF THE PRESIDENT. "The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States."'12 Although the President is made the commander-in-chief of the army and navy, he must, nevertheless, exercise the powers and duties of this office in accordance with the rules prescribed by Congress for the government and regulation of the land and naval forces. If the President in issuing orders as commander-in-chief exceeds the authority 1 United States Constitution, Article II, Section 2, Clause 1. "United States Constitution, Arti- belonging to the office under the principles of International Law or the Acts of Congress, his order is no defense to those acting under them.13 The power of the President as commander-in-chief is, however, very broad. He may direct the movements of forces; or establish rules and regulations for the army and navy on points on which Congress has not legislated; 15 or form temporary military governments in foreign territory occupied by the United States armies; 16 or establish provisional courts in territory occupied by armies of the United States.17 The President has been vested by Congress with the power of calling out the militia,18 and his decision as to the propriety and necessity of such act is conclusive on the judicial branches of the government." 19 "He may require the opinion, in writing, of the principal officer in each executive department, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States except in cases of impeachment."'" The pardoning power, as to offenses against the United States Government is vested absolutely in the President by the Constitution, and such power cannot be regulated or restricted, either directly or indirectly, by Congress.21 The meaning of the word pardon here used, is to be taken, as that which the word had in the English law. "As this power had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bears a close resemblance; we adopt their principles regarding the operation and effect of a pardon and look into their books for the rules prescribing the manner in which it is to be used by the person who would avail himself of it. A pardon is an act of grace proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed." 22 The effect of a full pardon is to blot out the offense; the party pardoned cannot be further punished for the pardoned offense or any other offense incident thereto; he is restored to the full rights of citizenship; he is not liable for any penalty due to the United States; and he is entitled to the return of all confiscated property in the possession of the United States government.23 The President can annex conditions to a pardon, and when they are complied with the pardon becomes effective.24 Under this power the President can commute the punishment, but he cannot substitute punishment of a different character.25 The power to pardon includes the power to issue an amnesty," but Congress also has the power to pass a general amnesty law. "And he, (the President) shall nominate, and by and with the advice of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not otherwise herein provided for, and which shall be established by law; but the Congress may, by law, vest the appointment of such inferior officers as they think proper, in "Chief Justice Marshall in United States vs. Wilson, 7 Peters, 150. 23 United States vs. Harris, I Abb. 110, 26 Fed. Cos. 15, 312. "United States vs. Klien, 13 Wallace, 128. 25 Ex parte Wells, 18 Howard, 307. * United States vs. Klien, 13 Wal lace, 128. the President alone, in the courts of the law, or in the heads of departments. 99 27 Appointment to office (except in the cases of those officers otherwise provided for) is the sole act of the President, and the appointments dates from the signing of the commission.28 The power to appoint includes the power to remove,29 or to supersede an officer.30 "The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. 31 "He shall from time to time give to Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient.' The first two Presidents were accustomed to appear personally before Congress to deliver their annual message at the beginning of each session of Congress. Beginning with Jefferson, the Presidents have sent their messages to Congress in writing. "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 a time as he shall think proper. This power of adjourning Congress has never been exercised by any President. 19 32 "He shall receive ambassadors and other public ministers.'' 33 "He shall take care that the laws be faithfully executed and shall commission all the officers of the United States."' 34 United States Constitution, Arti- 28 Marbury vs. Madison, 1 Cranch, 30 Keyes vs. United States, 109 Ú. S., 336. United States Constitution, Article II, Section 3. 32 Id. 137. "Ex parte Hennan, 13 Peters, 259. 33 Id. 38 37 The determination of all political questions rests with the executive department, i. e., with the President. The following among others are political questions: whether military authority has been established;" whether or not a constitution or an amendment thereto, has been adopted by a State; " when the independence or belligerency 39 of a foreign State should be recognized; or what is the boundary between two foreign States. The protection of an Indian tribe in the rights which it has acquired by treaty with the United States," and the enforcement of the constitutional guaranty of a republican form of government to the States," are both political questions which fall within the jurisdiction of the executive department of the government. SECTION 53. TREATIES. "He (i. e., the President), shall have the power, by and with the consent of the Senate, to make treaties, provided two-thirds of the senators present concur. 11 43 The treaty-making power is vested in the President and the Senate, but when the treaty stipulates for the performance of a legislative nature, this can only be carried out by Congress;" so also when a treaty is in the nature of a contract; 15 and when an appropriation is required Congressional action is necessary. 45 The President may, but is not obliged to, ask the advice of the Senate; the requirements for "the advice and consent of the Senate" is fulfilled by their ratifica41 Cherokee Nation vs. Georgia, 5 Peters, 1. 35 In re Cooper, 143 U. S., 503. 38 Keeley vs. Sanders, 99 Ú. S., 446. 37 Luther vs. Borden, 7 Howard 1. 38 Rose vs. Hinely, 4 Cranch 272. 39 The Santissima Trinidad, 7 Wheaton, 136. 40 De La Croix vs. Chamberlain, 12 Wheaton, 600. 42 Taylor vs. Beckham, 178 U. S., 43 United States Constitution, Arti- |