"the powers and duties of the said office, the same shall "devolve on the vice president; and the congress may by "law provide for the case of removal, death, resignation, or 66 inability, both of the president and vice president, declaring what officer shall then act as president; and such "officer shall act accordingly, until the disability be remov "ed, or a president shall be elected."—Art. 2, sec. 1, cl. 6.

§ 469. Congress has, in pursuance of the power here given, provided by law, that in case these supposed vacancies shall happen, the president of the senate pro tempore shall act as president; and in case there shall be no such president pro tempore, the speaker of the house shall so act, until the vacancy shall be supplied. And as it may become a question on whom the office would devolve after the expiration of the congress for which the speaker was chosen, it is customary for the vice president to withdraw from the senate previously to the adjournment of the session, to afford an opportunity to the senate to choose a president pro tempore, who would, in that case, act as president.

§ 470. If the vice president succeeds to the office of president, he continues in it till the expiration of the term for which the president was elected, unless the temporary disability of the president be sooner removed. If both offices should be vacant, the law makes it the duty of the secretary of state to cause notice to be given to the executive of every state, and published, ordering an election for the appointment of presidential electors, to elect a president.

§ 471. "The president shall, at stated times, receive for "his services, a compensation which shall neither be in"creased nor diminished during the period for which he "shall have been elected; and he shall not receive within "that period any other emolument from the United States, 66 or any of them."—Art. 2, sec. 1, cl. 7.

§ 472. The object of this clause is to secure the independence of the executive. The separation of the different powers of the government would exist merely in name, if the compensation of the executive and judicial officers could be increased or diminished at the pleasure of the legislature.

provisions have been made for filling vacancies in the office? § 471. How does the constitution provide for compensation? § 472. What is

14*

With this power of operating upon the necessities, or of tempting the avarice of an executive, he might be induced to give up his own judgment to the will of those who have the control of his purse. He ought therefore to be independent for support on the legislative department; and being assured of an adequate and permanent salary, he is very properly prohibited from receiving any other emolument, which might influence him to swerve from an upright and impartial discharge of his official duties. The salary of the president, as fixed by law, is $25,000 a year, with the use of buildings, furniture, &c.; and that of the vice president is $5,000.

§ 473. Before he enters on the execution of his office, *he shall take the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully exe"cute the office of president of the United States, and will, "to the best of my ability, preserve, protect, and defend the constitution of the United States."-Art. 2, sec. 1, cl. 8.

§ 474. It is the practice, under all the constitutions, both of the United States, and of all the states, for legislators, judges, jurors, and other civil as well as military officers, to bind themselves under the solemnity of an oath, to discharge their trusts and duties faithfully. This oath implies a belief in the existence of a Supreme Being, who will reward the good and punish the guilty, and is an appeal to him to bear witness to the rectitude of the intentions with which such oath is made. Notwithstanding this precaution to ensure fidelity on the part of public officers, it is to be feared that in many instances a sense of the obligation imposed by an oath of office, is made to yield to the obligations and pledges of public men to support the interests of party.

the object of this provision? § 473. What oath or affirmation does he make? § 474. What does this oath imply?

CHAPTER XXIII.

Powers and Duties of the President.

§ 475. "THE president shall be commander-in-chief of "the army and navy of the United States, and of the militia

"of the several states, when called into the active service "of the United States; he may require the opinion, in "writing, of the principal officer in each of the executive "departments, upon any subject relating to the duties of "their respective offices; and he shall have power to grant reprieves and pardons for offences against the United "States, except in cases of impeachment.”—Art. 2, sec. 2, cl. 1.

66

§ 476. The direction of the public forces to execute the laws, or repel foreign invasion, can be most effectually exercised by a single person; and as this power is of an execu tive character, it is intrusted to the chief magistrate of the nation. This power existed in the executives of the states at the time of the formation of the constitution; and the propriety of its being committed to the executive authority seems not to have been seriously questioned. The power of the president to call forth the militia on sudden and special occasions has been noticed. (§ 404.)

§ 477. The power of the president to require the opinions of his cabinet counsellors is properly granted; but this right, it is supposed, would exist in the absence of any constitu. tional provision. As the several executive auxiliary departments are established to aid in the administration of the laws, and as the duties and responsibility of the president make it necessary that he should be kept acquainted with the business of every branch of the executive department, it is right that the principal officer of each should give to the president such information and assistance as may at any time be required.

§ 478. Upon the propriety of confiding to the executive

§ 476. Why are the public forces made subject to the command of the president? § 477. Why are the opinions of the heads of depart. ments necessary? § 478. Why should not the power of pardon ex

With this power of operating upon the necessities, or of tempting the avarice of an executive, he might be induced to give up his own judgment to the will of those who have the control of his purse. He ought therefore to be independent for support on the legislative department; and being assured of an adequate and permanent salary, he is very properly prohibited from receiving any other emolument, which might influence him to swerve from an upright and impartial discharge of his official duties. The salary of the president, as fixed by law, is $25,000 a year, with the use of buildings, furniture, &c.; and that of the vice president is $5,000. § 473. Before he enters on the execution of his office, * he shall take the following oath or affirmation :

“I do solemnly swear (or affirm) that I will faithfully exe"cute the office of president of the United States, and will, "to the best of my ability, preserve, protect, and defend the constitution of the United States."-Art. 2, sec. 1, cl. 8. § 474. It is the practice, under all the constitutions, both of the United States, and of all the states, for legislators, judges, jurors, and other civil as well as military officers, to bind themselves under the solemnity of an oath, to discharge their trusts and duties faithfully. This oath implies a belief in the existence of a Supreme Being, who will reward the good and punish the guilty, and is an appeal to him to bear witness to the rectitude of the intentions with which such oath is made. Notwithstanding this precaution to ensure fidelity on the part of public officers, it is to be feared that in many instances a sense of the obligation imposed by an oath of office, is made to yield to the obligations and pledges of public men to support the interests of party.

the object of this provision? § 473. What oath or affirmation does he make? § 474. What does this oath imply?

CHAPTER XXIII.

Powers and Duties of the President.

§ 475. "THE president shall be commander-in-chief of "the army and navy of the United States, and of the militia "of the several states, when called into the active service "of the United States; he may require the opinion, in "writing, of the principal officer in each of the executive "departments, upon any subject relating to the duties of "their respective offices; and he shall have power to grant "reprieves and pardons for offences against the United "States, except in cases of impeachment."-Art. 2, sec. 2, cl. 1.

§ 476. The direction of the public forces to execute the laws, or repel foreign invasion, can be most effectually exercised by a single person; and as this power is of an executive character, it is intrusted to the chief magistrate of the nation. This power existed in the executives of the states at the time of the formation of the constitution; and the propriety of its being committed to the executive authority seems not to have been seriously questioned. The power of the president to call forth the militia on sudden and special occasions has been noticed. (§ 404.)

§ 477. The power of the president to require the opinions of his cabinet counsellors is properly granted; but this right, it is supposed, would exist in the absence of any constitu. tional provision. As the several executive auxiliary departments are established to aid in the administration of the laws, and as the duties and responsibility of the president make it necessary that he should be kept acquainted with the business of every branch of the executive department, it is right that the principal officer of each should give to the president such information and assistance as may at any time be required.

§ 478. Urn the propriety of confiding to the executive

de subject to the command of ons of the heads of depart. ot the power of pardon ex