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except in case of Impeachment. This, of course, confers no power of reprieve or pardon for offenses against any State, punishable by the laws of such State.

The duties of the President with reference to Congress are: That he is to give to the Congress from time to time, information as to the state of the Union, and this includes not only messages of a voluntary character, such as the annual message of the President upon the convening of Congress in December, and such other messages as he may deem to be expedient from time to time, but it also includes the sending, upon the request of Congress, of such information upon matters relating to public affairs as Congress may desire. He has the privilege of convening either House or both Houses, at any time, either before the assembling of the regular session, or after it has adjourned If the Houses of Congress fail to agree upon the date of adjournment, he may adjourn them to such time as he may deem proper. Every bill before it becomes a law, and every order, resolution, or vote, requiring the concurrence of the Senate and the House of Representatives, except resolutions on the question of adjournment, must be presented to the President of the United States. The terms of the Constitution on this point are specific, but there is, nevertheless, a class of concurrent action, which it has been the practice not to submit to the President. Such actions in concurrence, generally known under the term of concurrent resolutions, which refer to the affairs of Congress itself, or which are essentially temporary in their nature, have not, under the practice of Congress, been submitted to the Executive for approval. The dividing line between concurrent votes presented and not presented, is generally marked by terming the former "joint resolutions," and the latter, "concurrent resolutions," though the precedents in this matter are not uniform. When a bill, resolution, or vote is presented to the President, it must be approved within ten days, Sundays excepted, after it shall have been presented to him. If it remains unacted upon, it becomes a law as if he had signed it, unless Congress has by adjournment prevented its return. During the period of the session of Con

gress, the President in exercising the veto power, must return a bill or resolution to the House of the Congress in which it originated, without his approval, stating his objections. When he does this, the House to which it is returned may proceed to reconsider it, and if the measure is passed again, two-thirds of the members voting for it, it is then sent to the other House, and if approved by two-thirds of that House, it becomes a law notwithstanding the Presidential objections. It is the practice of the President at the close of each session of Congress to attend upon the Congress at the Capitol for the purpose of signing the bills passed in the closing hours. The neglect or refusal of the President to sign a bill at that time, acts as a complete veto of the legislation in question. The language of the Constitution relative to the treatment of bills after the adjournment of Congress is not altogether clear. It is, of course, clear as applied to the second or short session of each Congress when that body has adjourned without day on the fourth of March. Just what the procedure might legally be with reference to a bill which has been passed by both houses, but not presented to the President, is not altogether certain, but the consideration is merely an academic one, as it is the practice, as above stated, for the President to attend upon Congress on the last day of both the long and the short sessions, and to sign all bills whch have been passed up to the last moment. This procedure was probably adopted in order that there might be no question in regard to the matter. The point lies in the construction of what constitutes an adjournment of Congress for this purpose. There would be no practical difficulty in the retention of a law during the recess of Congress and the presentation to the President of such a bill upon the reassembling of Congress in December. It seems quite apparent, however, if the bill were presented to the Fresident on the last day of the long session, it could not become a law unless he signed it before the adjournment of Congress on that day, since there would be no way in which the President, being in possession of a bill, could bridge over the Congressional recess. For this reason Congress remains in session until it is

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.

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