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25; 1 Bl. Com. ch. 10, p. 365; 7 Coke's Rep. and (Calvin's Case, 11 State Trialo, 70) Doe v. Jones, 4 Term. 300; Shanks v. Dupont, 3 Pet. 246; Horace Binney, 2 Am. Law Reporter, 193.) Bates on Citizen. ship, p. 12.

Who be. 170. “OR A CITIZEN OF THE UNITED STATES AT THE TIME OF sides natu- THE ADOPTION OF THIS CONSTITUTION.”—The declaration of inde. ral born are eligible?

pendence of 1776, invested all those persons with the privilege 220. of citizenship who resided in the country at the time, and who

adhered to the interests of the colonies. (Ingliss v. The Sailors' Snug Harbor, 3 Pet. 99, 121.) United States v. Ritchie, 17 How. 540; Paschal's Annotated Digest, note 350, p. 209.

There can be few of the class of the foreign born, such as Alex

ander Hamilton, who are now surviving, who are eligible to the 274 presidency. Considering the ages of all such, no person of foreign

birth can now ever be President of the United States under this Constitution. (See Story's Const. § 1479; Journals of Convention,

267, 325, 361.) Still, in this case, as in the qualifications of sen. 85, 19.

ators and representatives in Congress, the question is not so clear as to who are “natural born citizens of the United States." Are the ante-nati of the Republic of Texas, for example, "natural born citizens of the United States ?” They were born upon what is now soil of the United States; but they were not " citizens at

the moment of their births.” About the post nati there can be no 280. doubt; but, according to the principles of Calvin's case, which was

so learnedly and quaintly discussed, none of the ante-nati of our acquired territories have now the full status of citizenship; and certainly they are no other than adopted or naturalized citizens, in contradistinction to “natural born citizens." See Calvin's Case, 11 State Trials, 70 et seq.

And here, again, the language of this clause has to be con

strued in connection with other clauses and the general under 46. standing of mankind. For there is nothing in this clause to indi.

cate sex unless it be the word "PRESIDENT." Our advocates for equal “ Woman's Rightsmight consider this a very narrow definition; and they might even urge that the pronoun "he,” in other

clauses, does not protect woman from the severest criminal statutes; 252-263. nor would it deprive woman of the guaranties accorded to “ him"

and “ himself," standirg for the antecedent of “person" in the Vth

and VIth amendments. How is the The claims of males to be alone entitled to be “Senators" and Constitu

" Representatives," is i elieved to rest alone upon the masculinity of tion to be interpreted:

the word, the single "he," and the common sense and under. standing of men. These remarks are not made in any speculative or hypercritical spirit, but to impress upon the reader the necessity of applying the same common-sense tests to this Constitution as to all other instruments. That is, not to construe it alone by the very technicalities of the words in a single member of a sentence; but to apply to it the same rules of interpretation which we apply to all other instruments, laws, and statutes. That is to construe it by its language, nature, reason, and spirit, objects and intention, and the interpretations of contemporaneous history, having an eye to the old law, the mischief and the remedy. See Story's Const. chapters three, four, and five, and voluminous references.

171, “ WHO SHALL NOT HAVE ATTAINED THE AGE OF THIRTY What does YEARS.”—This is a limitation upon the people themselves. If all the age fix? of the nation speak with one united voice, they cannot constitutionally make any mau President who happens to be under thirtyfive. Bates on Citizenship, p. 18.

"FOURTEEN YEARS' RESIDENCE."-By - residence" is to be understood, not an absolute inhabitancy within the United States during the whole period: but such an inhabitancy as includes a per. manent domicile in the United States. Story's Coust. § 1479. [5.] In case of the removal of the President from If there bo a

in office, or of his death, resignation, or inability to dis- the Presicharge the powers and duties of the said office, the then be

deney, who same shall devolve on the Vice-President, and the President? Congress may by law provide for the case of removal, death, resignation, or 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 removed, or a President shall be elected.




172. The following is the act of Congress for filling vacancies: Act of “Sec. 8. In case of removal, death, resignation, or inability both March 1, of the Presideni and Vice-President of the United States, the 1992, i St. President of the Senate pro tempore, and in case there shall be no 35, -6. President of the Senate, then the Speaker of the House of Repre- Ifin the sentatives, for the time being, shall act as President of the Vice-PresiUnited States until the disability be removed or a President shall deney? be elected.

"9. Whenever the offices of the President and Vice-President when shall shall both become vacant, the Secretary of State shall forth with there be a cause a notification thereof to be made to the executive of every election ? State, and shall also cause the same to be published in at least one of the newspapers printed in each State, specifying that electors 411, 412. of the President of the United States shall be appointed or chosen in the several States within thirty-four days preceding the first Wednesday in December then next ensuing: Provided, there shall be the space of two months between the date of such notification and the said first Wednesday in December; and if the term for which the President and Vice-President last in office were elected, shall not expire on the third day of March next ensuing, then the Secretary of State shall specify in the notification that the electors shall be appointed or chosen within thirty-four days preceding the first Wednesday in December in the year nest ensuing; within which time the electors shall accordingly be appointed or chosen, and the electors shall meet and give their votes on the said first

there is no

have be-

What of the

tion ?


Wednesday in December, and the proceedings and duties of the said electors and others sliall be pursuant to the directions pre

scribed in this act." Act of 1 March, 1792, § 8, 9, 1 Stat. 239. Suppose ghtly's Dig. 253, 254. The Constitution does not provide for election?

a vacancy in case of non-election. Therefore, the constitutionality of some parts of this act has been doubted. Story's Const. § 14801484; Rawle's Const. ch. 5, p. 57; 1 Tucker's Black. App. 320;

2 Elliot's Debates, 359, 360. What Vice- WILLIAM HENRY HARRISON having died on the 4th day of April,

1841, JOHN TYLER took the oath of office as President, on the 6th come Presi. day of April, 1841; ZACHARY TAYLOR died on the 9th day of July, dents! 1850, and the next day MILLARD FILLMORE took the presidential

oath; ABRAHAM LINCO!was assassinated by John Wilkes Booth, on the 14th day of April, 1865, and, on the 15th, ANDREW JOHNSON was inaugurated President.

[6.] The President shall, at stated times, receive compensa- for his services a compensation, which shall neither be

increased nor diminished during the period for which 413, he shall have been elected, and he shall not receive

within that period any other emolument from the

United States or any of them.
What is the 173. The President's salary was fixed at twenty-five thousand

dollars per annum, by the act of 18th Feb., 1793. St. 318, Bright-
ly's Digest 818.

The government provides and furnishes a mansion for his use. For the wisdom of this independence in regard to salary, see 1 Kent's Com. 263; Federalist, No. 73 ; Story's Const. § 1486.

[7.] Before he enter on the execution of his office,

he shall take the following oath or affirmation :What is the “I do solemnly swear (or affirm), that I will faithPresident's oath? fully execute 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."

174. The President is the only officer required to take this oath. Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 408.

This oath embraces all the laws, Constitution, treaties, and statutes. And it constitutes the President, above all other officers. the guardian, protector, and defender of the Constitution. Bates on Habeas Corpus, 5th July, 1861. See Staubery on vacancies.

The acts of 1795 and 1807, came in aid of these duties. Id. What does "FAITHFULLY TO EXECUTE THE OFFICE OF PRESIDENT."— This to faithfully

embraces the general office of the executive, and also the official cmbrace ! powers not in their nature executive, such as the veto power; the











treaty-makin. power; the appointing power, and tho pardoning power. Batus on Habeas Corpus, 5th July, 1861.

Sec. II.-[1.] The President shall be commander-in- What chief of the army and navy of the United States, and President's of the militia of the several States, when calied into 124–178. the actual 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 par- 40, 191. dons for ottenses against the United States, except in cases of impeachment.

194. 175. “COMMANDER-IN-CHIEF."- This was to give the exercise Why comof power by a single hand. See 1 Kent's Com. Lect. 13, p. 283; 3 mander? Elliot's Debates, 103; Story's Const. 8 1491, 1492; Rawle's Const. ch. 20, p. 193. The power may be delegated. Id. 5 Marshall's 415. Life of Washington, ch. 8, pp. 583, 584, 598.

The President is not obliged to take, personally, the command of Mist be the militia, when called into the service of the general government, command in

person? but he may place them under the command of officers of the army of the United States, to whom, in his absence, he may delegate the powers vested in him by the Constitution. Any officer of the army may, therefore, be required, by orders emanating from the President, to perform the appropriate duties of his station in the militia, when in the service of the United States, whenever the public interest shall so require. But this power must be exercised in strict accordance with the right of appointment of militia officers, which is expressly reserved to the States. 2 Opin. 711–12. See 2 Story's Coust. § 1490-2. As commander-in-chief, the President has the right to decide what officer shall perform any particular duty, and, as supreme executive magistrate, he has the power of appointment. Congress could not take away this power.

9 Op. 468, 518. But this power is to be used only in the manner prescribed by the legislative department. 9 Op. 518.

The President has unquestioned power to establish rules for the What rules government of the army, and the Secretary of War is his regular may the

President organ to administer the military establishment of the nation, and

establish rules and orders promulgated through him must be received as the acts of the executive, and, as such, are binding on all within 129, 134. the sphere of his authority. (United States v. Eliason, 16 Pet. 291.) But this power is limited, and does not extend to the repeal or contradiction of existing statutes, nor to the making of provisions of a legislative nature. (6 Opin. 10.) Bates, 18th April, 1861.

But the powers of the President over the militia, only commence when those of the governors cease; that is, when the



What are


Militia. militia are called into the actual service of the United States. Id.

The President cannot establish a bureau of militia. Id. What of 176. “ OPINIONS IN WRITING.”—This practice commenced with opinions in the administration of President Washington. The depository of writing?

such opinions has generally been in the State department. The attorney-general frequently gives opinions to the President, as the law officer of the government, which are published in the current series.

The “ DEPARTMENTS” are now called the State, the Treasury, the Depart: the War, the Navy, the Post-office, the Attorney-General's, and the who are the Interior departments. The heads of these are known as the Presi.

dent's advisers or cabinet officers. Their respective duties are de fined by statutes, which will be found collected under appropriate heads in Mr. Brightly's Digest.

The opinions are more frequently given in secret cabinet councils. But Mr. Jefferson thought the separate opinions in writing more consistent with the Constitution. (i Jeff's Corresp. 143, 144.) Story's Const. § 1493, note 3. Upou the reconstruction laws, President Johnson took the opinions in council; and he seems to have

authorized their publication. Define re- 177. “REPRIEVES.”—The withdrawing of a sencence of death prieves ? for an interval of time, whereby the execution is suspended. 4 Bl.

Com 394; Burrill's Law Dic., ŘEPRIEVE; Ex parte Wells, 18 How. 307, 315 ; Story's Const. 3d Ed. p. 305, 8 1505. The power is not to pardon, but to grant reprieves and pardons. Ex parte

Wells, 18 How. 316. Define “AND PARDONS."-In common parlance, forgiveness, release, pardon! remission. Ex parte, Wells, 18 How. 307. In law every pardon has

its particular denomination. They are general, special or particular, conditional or absolute, statutory, not necessary in some cases, and in some grantable of course. Id.

Here it is meant, that the power is to be used according to law; that is, as it had been used in England, and these States when they were colonies. Id. That is, according to the principles of the English common law, at the time of the adoption of this Constitution. (United States v. Wilson. 7 Pet. 162.) Ex parte Wells, 18 How. 309. Hence, wlien the words to grant pardons" were used in the Constitution, they conveyed to the mind the authority as exercised by the English crown, or by its represen. tatives in the colonies. (Cathcart v. Robinson, 5 Pet. 261, 280; Flavel's Case, 8 Watts and Sergeant, 197.)

A pardon is said by Lord Coke to be a work of mercy, “whereby the king, either before attainder, sentence, or conviction, or after, forgiveth any crime, offense, punishment, execution, riglit, title. debt, or duty, temporal or ecclesiastical." (3 In-t. 233.) Er part:

Wells, 18 How. 311, 312. The whole subject discussed. Id. When may

He may pardon as well before trial and conviction as afterward.

6 Opin. 20. (See the proclamations of amnesty in relation to the pardon rebellion.) And after the expiration of the imprisonment which

forms a part of the sentence. Stetler's Case, Phila. R. 302. He may grant a conditional pardon; Ex parte Wells, 18 How. 307; 1

the Presi. dent

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