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sages; and to these no answers were returned.1

Jefferson's inno

vation has been followed by all succeeding Presidents.

7th. CONGRESS.

1st. On extraordinary occasions, he may convene either or both houses of Congress.

2d. In case of disagreement between them with respect to the time of adjournment, he may

adjourn them to such time as he shall think proper. 63.

§ 19. Events may occur, entirely unforeseen by the Congress at its last session, imperiling the interests of the country, and requir ing the immediate convocation of that body. An event of this kind transpired in the month of April, 1861, from the date of which hostilities became general between the North and the South. President Lincoln summoned Congress to meet the fourth day of the following July. That the power to call a meeting of Congress should be vested somewhere, there can be no doubt; and that it should be committed to the discretion of the Executive, all agree.

§ 20. It might be barely possible that Congress should fail to agree on the time of adjournment; and, should such an exigency arise, there can be no doubt that the Executive is the most suitable third party to interfere for the peaceable termination of the controversy. In England, the sovereign always prorogues the parliament.

8th. RECEPTION.

He shall receive ambassadors and other public ministers. 63.

§ 21. The President, by and with the advice and consent of the Senate, appoints ambassadors, other public ministers, and consuls, to represent the interests of the United States in other countries; but he receives these classes of agents and representatives of other countries without the advice and consent of the Senate. Although this clause does not include consuls expressly, yet the power inferred, both from other parts of the Constitution and from the

1 Rawle on Const., ch. 16.

is

general nature of executive duties.

but commercial agents.

Consuls are not diplomatic

§ 22. The reception of ambassadors and other public ministers is a recognition of the national character and standing of the countries which they represent. Their reception may, therefore, become a very nice and delicate question with the Executive. The Executive is not obliged to receive an ambassador or public minister, even though he comes clothed with proper authority from a nation with whom we are at peace, and which is recognized among the great family of nations. A refusal is not a just cause of war, nor even of offense in the national sense; though it might be deemed an unfriendly act were it not accompanied by friendly explanations.

§ 23. A refusal is sometimes made on the ground of the bad character of the minister, or his former offensive conduct, or of the subject of the embassy not being proper, or convenient for discussion. But a much more delicate occasion is when a civil war breaks out in a nation, each party claiming the sovereignty of the whole, and the contest has not yet been settled between the contending parties. In such a case, a neutral nation may very properly withhold its recognition of the supremacy of either party, and refuse to receive a minister from either.1 Suppose Great Britain had recognized the seceded States during the Great Rebellion as an independent nation, the United States would probably have called home their own minister from that country, and war might have been the result. 9th. EXECUTION OF THE LAWS.

He shall take care that the laws are faithfully executed. 63.

§ 24. This refers to the laws of the United States, and not to the laws of the several States. When a law has once been passed by all the formalities of the Constitution, it is the solemn duty of the President of the United States to enforce its execution, until it is either repealed, or declared by competent authority to be unconstitutional. He has no discretion, but must not only render obedience to the law himself, but must enforce its execution on all others

1 Kent's Com., Lect. 2.

Were he to refuse, he would be guilty of a high misdemeanor, and might be removed from office by impeachment, and otherwise punished according to law.

§ 25. He has ample power to execute the laws, as, for this purpose, the whole army and navy are placed at his command, and under

his control; and, if need be, he can call forth the militia of the several States to crush any armed resistance to the laws of the land.

10th. COMMISSIONS.

He shall commission all officers of the United States.

63.

§ 26. A commission is a formal certificate of appointment issued by the proper authority. In this case, it is signed by the President of the United States, and sealed by the Secretary of State with the great seal of the United States. The commission recites the powers conferred, with definite certainty; and it is usually delivered to the person whose appointment is made by it, though delivery is not necessary to the validity of the appointment.

CHAPTER XIII.

VICE-PRESIDENT.

ARTICLE I.- ELIGIBILITY.

No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. 96.

It was

§ 1. This clause is in the twelfth Article of Amendments. not in the original instrument; and there was no necessity for it, the qualifications of the President being defined therein. There was no such thing as a candidate for the Vice-Presidency; but both candidates were for the Presidency.

§ 2. As the Vice-President may be called upon to act as President, the former should have the same qualifications as the latter. Four times since the adoption of the Constitution, the Vice-President has become acting President on account of the death of the President. John Tyler succeeded to the Presidency in 1841, by

the death of President Harrison; Millard Fillmore in 1850, by the death of President Taylor; Andrew Johnson in 1865, by the death of President Lincoln; and Chester A. Arthur in 1881, by the death of President Garfield.

1. IN CONGRESS.

ART. II. - ELECTION.

The person having the greatest number of votes for Vice-President shall be the Vice-President if such number be a majority of all the electors appointed. 95.

2. IN SENATE.

1st. If no person have a majority as Vice-President,

then, from the two highest numbers on the list of persons voted for as such, the Senate shall choose a Vice-President.

2d. A quorum for this purpose shall consist of twothirds of the whole number of senators.

3d. A majority of the whole number of senators shall be necessary to a choice. 95.

§ 1. The first part of this article refers to the proceedings in Congress on opening and counting the electoral votes for President and Vice-President of the United States. It will be remembered, that, if no person receives a majority of all the electoral votes for President, the election of that officer devolves on the House of Representatives. But the house does not elect the Vice-President if there is a failure to elect that officer by the majority of the electoral votes. In such case, the Senate elects the Vice-President. The only instance of this kind in our history was the election of Richard M. Johnson in 1837.

§ 2. As just stated, the Senate chooses the Vice-President if no candidate for that office receives a majority of all the electoral votes. The Vice-President is not now, as formerly, a competitor for the office of President. There is scarcely a possibility that the Senate can fail to elect the Vice-President, as they must confine their votes to the two highest candidates on the list of persons voted for as such by the electors. The only chance is, that possibly the Senate might be equally divided, and that there might be no Vice-President in

the chair to give the casting vote; but such a contingency is quite too improbable to merit serious discussion, especially as the Senate would be at liberty to repeat the trial to elect until they should be successful.

§ 3. As the Vice-President is the President of the Senate, it seems proper that the Senate should elect this officer in case of failure to elect by the electors. The proceeding is judiciously guarded in requiring two-thirds of all the members of the Senate to be present, and in still further requiring a majority of all the senators to secure an election.

ART. III.-OATH OF OFFICE.

He shall be bound by oath or affirmation to support the Constitution of the United States. 81.

The same reasons apply for requiring the Vice-President to act under the solemn obligations of an oath or affirmation that apply to all other Federal officers and to the members of the National Council.

ART. IV. - TERM.

He shall hold his office during the term of four years. 53. The same reasons that governed in fixing the Presidential term at four years apply with equal force to the term of the Vice-President. (See Chap. XII., Art. II., Part II.)

ART. V.-POWERS AND DUTIES.

1. He shall be President of the Senate, but have no vote unless they be equally divided. 11.

2. In case of the removal of the President from office, or of

his death, resignation, or inability to discharge the powers and duties of said office, the same shall devolve on the Vice-President. 57.*

3. If the House of Representatives shall not choose a President, whenever the right of choice shall devolve on them, before the fourth day of March next following, the Vice-President shall act as President. 94.

§ 1. The duties of the Vice-President as President of the Senate

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