Page images
PDF
EPUB

advised that the President has signed every bill which has been passed by both Houses, and this, in the short session of Congress, which must adjourn at twelve o'clock on March fourth, brings about the turning back of the hands of the clocks of the two houses during such period as may be necessary to complete the legislation and present it for the Presidential signature.

The nominating power of the President before referred to, is supplemented by an appointing power, limited by the requirement that the appointment shall be with the advice and consent of the Senate. The nominations made by the President for the classes of officers before listed, are considered by the Senate, and upon approval appointments are made by the President. The President has the power of direct and uncontrolled temporary appointment to all positions which are otherwise filled with the advice and consent of the Senate but which become vacant during a recess of the Senate. Such appointments, however, are strictly temporary, and terminate at the end of the next Senate session. This power of the President being granted by the Constitution, cannot be limited as to the actual appointment of persons to the positions which may be vacant. Congress, has, however, put a rather effective check upon this unlimited power by a provision that no salary shall be paid to any persons appointed under a recess commission if the vacancy to which he was appointed existed during the session of the Senate. Thus it would not be advisable for the President to allow a position to remain vacant without nomination during a session of the Senate, so that he might make a recess appointment after the Senate session had expired, as the incumbent, under such conditions, could draw no salary until he had been confirmed by the Senate, and if he was not confirmed by the Senate, could draw no salary at all. This provision would seem to apply only to positions which become vacant during the session of the Senate and to which no recess appointment has already been made. In case of a recess appointment antedating the session of the Senate, and for which the Senate has failed to confirm a nominee, another recess appointment can be made immediately after the adjournment of

the Senate, a second vacancy thus occurring by virtue of the expiration of the first recess appointment at the end of the session of the Senate held next after the date on which the recess appointment was made.

The President obligates himself faithfully to execute the duties of his office, to preserve and protect the Constitution, and is required to take care that the laws are faithfully executed by all persons under his direction. He may be removed from office by impeachment process, on conviction of treason, bribery, and breach of his obligation to preserve the Constitution of the United States, or for manifest negligence in securing the execution of the laws, the last two offenses being included under the general description, "other high crimes and misdemeanors."

Congress is empowered to add to the appointing power of the President, the appointment of such inferior officers as is thought proper. Under this power as delegated, the President has the exclusive power of appointment of such inferior officers, and it is not necessary to nominate them to the Senate for confirmation by that body. The various classes of public officials thus appointed by the President are as follows:

STATE DEPARTMENT.

Vice-Consuls.
Deputy Consuls.

Commercial Agents.

Vice Commercial Agents.

Consular Agents.

Consular Clerks.

Student Interpreters in China.

Interpreters to Legations.

Interpreters to Consulates.

Marshals of Consular Courts

WAR DEPARTMENT.

Chief of Staff (from Officers of the Army).

All Military Cadets.

Board of Visitors to the Military Academy.
Superintendent of the Military Academy.

Commandant of Cadets at the Military Academy.

DEPARTMENT OF JUSTICE.

Commissioners of Deeds for D. C.

Notaries Public in D. C.

Trustees of the Two Reform Schools in D. C.
Justices of the Peace in the District of Columbia.

NAVY DEPARTMENT.

Warrant Officers of the Navy except Pharmacists.
Midshipmen at large.

Midshipmen from the District of Columbia.
Board of Visitors to the Naval Academy.
Acting Assistant Surgeous in the Navy.

INTERIOR DEPARTMENT.

Board of Indian Commissioners.
Allotting Agents for Lands.

Coal and Asphalt Mine Trustees.

Superintendent of the Capitol Building and Grounds. Board of Visitors to Government Hospital for the Insane. Clerk in the Interior Department to sign Land Patents.

DEPARTMENT OF COMMERCE AND LABOR.

Members of the Light-House Board
Commissioner of Corporations.

Deputy Commissioner of Corporations.
Chief of the Bureau of Manufactures.

MISCELLANEOUS OFFICIALS.

Secretary to the President.

Assistant Secretary to the President.

Two Executive Clerks to the President.
One Steward at the White House.

One Messenger at the White House.

Librarian of Congress.

Superintendent of Library Building and Grounds.
Engineer Commissioner of the District of Columbia,
Purchasing Agent, Post Office Department.

The pardoning power of the President is comprehensive and without Constitutional restriction, except in cases of impeachment. The scope of this power includes not only criminal offenses under the civil statutes of the United States, but offenses against military law and discipline, including even those of the gravest character. Where disabilities have been imposed by Congress upon conviction of certain offenses, the exercise of the pardoning power by the President removes such disability. The pardoning power of the President includes cases which have not been tried or in which punishment has not been awarded.

The President has from time to time received authorization from Congress for the exercise of power under general legislation effected by Congress. Among these powers is that of a supervision of the Consular Service, and the direction of expenditures for necessary means of carrying on the foreign business of the nation. He is given the power to use the armed forces of the country for the purpose of carrying out the penalties imposed for crimes against the United States, issues patents for public lands, a clerk being provided to sign his name to such patents, and may discharge debtors from debts due the United States, in cases where provision has not been made to empower the Secretary of the Treasury to issue such discharge. The direction of the sale of public lands, when authorized by Congress, is also placed in the hands of the President, and he is given discretionary power to permit the discharge of soldiers and sailors in time of peace, under such regulations as he may fix. The President is given by Congress the direction of the operations of the Coast Survey. He may name the ships of the Navy

within the classes fixed by Congress, and may provide rules for the admission of persons into the Civil Service, under the restrictions of the act establishing the Civil Service Commission and providing means for the improvement of the Civil Service. He also by virtue of his position as Commander in Chief of the Army and Navy, has power to direct any details of officers from the military branches of the government, and may select Commandants of Navy Yards and Stations, and all persons from the appropriate line or staff of the military forces, for such positions as may be established by Congress. He has the absolute power of removal of all persons whether appointed by himself alone or with the consent of the Senate, and of persons in the Civil Service, except members of the judiciary who may only be removed by impeachment. He may also employ the armed forces of the United States for the assistance of the Governor of any of the States, when requested to do so by the Executive of the State in question.

The President receives as the representative of the United States, the Ambassadors and Ministers of foreign countries, and conducts directly, or through the Secretary of State, all negotiations with the heads of foreign governments, as represented by their Ambassadors and Ministers, which do not call for a formal conclusion or written treaty stipulations. All communications to foreign governments are sent in his name, and all communications from foreign governments are transmitted to him, and by him, when necessary, forwarded to the Congress. For the purposes of foreign intercourse he is the head of the Government of the United States, subject only to restriction by the Senate when it shall have become necessary to conclude a formal treaty. The general power lies in Congress to indicate its disapproval of the relations of the President with foreign powers, by a resolution stating the objections held, but such resolution has no valid force on the Executive, unless it is made the basis of impeachment proceedings.

The popular conception of the election of the President of the United States becomes confused so frequently by the impor

« PreviousContinue »