power of [3.] The Congress may determine the time of choos- What is the ing the electors, and the day on which they shall give Congress their votes; which day shall be the same throughout time of the United States. as to the election? 168c. On the Tuesday next after the first Monday in Novem- When to be ber; by act 23d January, 1845. 5 Stat. 721. On the first Wednesday in December; by act 1st March, 1792. J Stat. 239. All the States now choose the electors by the people. See Story's Const. § 1475, 1476. held? the qualifi President? [4.] No person except a natural born citizen, or a What are citizen of the United States at the time of the adoption cations for of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that 18, 19, 85. office who shall not have attained to the age of thirty-220-222, five years, and been fourteen years a resident within the United States. 274. 169. “A NATURAL BORN CITIZEN."-Not made by law or other- Who are wise, but born. And this class is the large majority; in fact the eligible? mass of our citizens; all others are exceptions specially provided for by law. As they become citizens, by birth, so they remain citizens during their natural lives, unless, by their own voluntary act, they expatriate themselves and become citizens or subjects of another nation. For we have no law (as the French have) to decitizenize a citizen who has become such either by the natural process of birth or the legal process of adoption. AttorneyGeneral Bates on Citizenship, 29th November, 1862, p. 8. make the 93. The Constitution does not make the citizens (it is, in fact, made Does the by them). It only intends and recognizes such of them as are Constitution natural, home-born, and provides for the naturalization of such of citizens? them as are alien, foreign-born, making the latter, as far as nature will allow, like the former. Id. We have no middle class or denizens. (1 Sharswood's Bl. Com. 374.) Id. 9. But AttorneyGeneral Legaré thought there might be. (4 Opin. 147.) Id. The example of a Roman citizen and St. Paul's case and claim thereto cited. Id. Paul's is a leading case of the "Jus Romanum;" it is analagous to our own; it establishes the great protective rights of the citizen, but, like our own national Constitution, it is silent about his powers. Id. 12. 279. born? "NATURAL BORN CITIZEN " recognizes and reaffirms the universal Define principle common to all nations, and as old as political society, that natural the people born in a country do constitute the nation, and, as indi- 220. viduals, are natural members of the body politic. Bates on Citizenship, p. 12. Every person born in the country is, at the moment of birth, prima facie a citizen. Id. What does Nativity furnishes the rule, both of duty and of right, as between nativity the individual and the government. (2 Kent's Com. Part 4, Lect. imply? How is the tion to be 25; 1 Bl. Com. ch. 10, p. 365; 7 Coke's Rep. and (Calvin's Case, 11 State Trials, 70) Doe v. Jones, 4 Term. 300; Shanks v. Dupont, 3 Pet. 246; Horace Binney, 2 Am. Law Reporter, 193.) Bates on Citizenship, p. 12. 170. "OR A CITIZEN OF THE UNITED STATES AT THE TIME OF THE ADOPTION OF THIS CONSTITUTION."-The declaration of independence of 1776, invested all those persons with the privilege 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 Alexander Hamilton, who are now surviving, who are eligible to the 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 senators 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 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 construed in connection with other clauses and the general understanding of mankind. For there is nothing in this clause to indicate sex unless it be the word "PRESIDENT." Our advocates for equal "Woman's Rights" might 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; nor would it deprive woman of the guaranties accorded to "him and "himself," standing for the antecedent of "person" in the Vth and VIth amendments. The claims of males to be alone entitled to be "Senators" and "Representatives," is believed to rest alone upon the masculinity of the word, the single "he," and the common sense and understanding 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 man 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 permanent domicile in the United States. Story's Const. § 1479. the vacancy in dency, who then becomes President? 36. [5.] In case of the removal of the President from If there he a office, or of his death, resignation, or inability to dis- the Presi charge the powers and duties of the said office, the same shall devolve on the Vice-President, and 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. 239. 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 President and Vice-President of the United States, the 1792, 1 St. President of the Senate pro tempore, and in case there shall be no 38, 26. President of the Senate, then the Speaker of the House of Repre- If in the sentatives, for the time being, shall act as President of the Vice-PresiUnited States until the disability be removed or a President shall dency? be elected. new "9. Whenever the offices of the President and Vice-President When shall shall both become vacant, the Secretary of State shall forthwith 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 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 next 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 Suppose there is no election? What Vice Presidents come Presi have be dents? What of the tion? Wednesday in December, and the proceedings and duties of the said electors and others shall be pursuant to the directions prescribed in this act." Act of 1 March, 1792, § 8, 9. 1 Stat. 239. Brightly's Dig. 253, 254. The Constitution does not provide for 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. WILLIAM HENRY HARRISON having died on the 4th day of April, 1841, JOHN TYLER took the oath of office as President, on the 6th day of April, 1841; ZACHARY TAYLOR died on the 9th day of July, 1850, and the next day MILLARD FILLMORE took the presidential oath; ABRAHAM LINCOLN 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 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 amount? What is the President's oath ? 242. 173. The President's salary was fixed at twenty-five thousand dollars per annum, by the act of 18th Feb., 1793. 1 St. 318, Brightly'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 : "I do solemnly swear (or affirm), that I will faithfully 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. "FAITHFULLY TO EXECUTE THE OFFICE OF PRESIDENT."-This to faithfully embraces the general office of the executive, and also the official embrace? powers not in their nature executive, such as the veto power; the What does execute treaty-making power; the appointing power, and the pardoning 165. power. Bates on Habeas Corpus, 5th July, 1861. are the powers? 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 called into 124-178. the actual service of the United States; he may 130. 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 offenses against the United States, except in cases of impeachment. 177. 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. § 1491, 1492; Rawle's Const. ch. 20, p. 193. The power may be delegated. Id. 5 Marshall's Life of Washington, ch. 8, pp. 583, 584, 588. person? The President is not obliged to take, personally, the command of Must he the militia, when called into the service of the general government, command in 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. 165. President 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 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 Ópin. 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 |