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This is all plain. Still the action of the electors is forestalled by the parties, which are now better organized than at the outset of the federal government. They preconcert the legal elections, and propose the candidates, so that the activity of the presidential electors is in the main a mere form, for the loyalty to party forbids the electors to make a change in their creed or policy.

"4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States."

This arrangement is calculated to prevent fraud, at present the vote is to be cast throughout the United States on the first Tuesday of November.

"5. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president, neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States."

It is considered unquestionable that the chief executive officer should be a citizen of the United States, and a native. There never has been a president elected younger than forty years. Mr. Pierce was forty-nine years old when elected, and so was Mr: Polk; all other presidents were over fifty, and some over sixty years old at the time of election. The fire and ambition of youth is little suitable for an office like that of our president. He must be a tried man, otherwise he will either not bear the burdens of this office, or become a mere instrument in the hands of designing men. This, according to the

results of the elections, people seem to appreciate well.

LETTER XXII.

Presidents advanced in Age. Mrs. Phelps. Mrs. Strickland. - Mrs. Willard. Mrs. Howe. - Mrs. Hale. - Presidential Vacancy. - Acting · Non-election. — Salary. — Honesty of the American PresiOath. Spirit of Urbanity.

President. dents.

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It is, perhaps, superfluous to mention, that although a citizen, thirty-five years old, is eligible as president, there never has been so young a man elected. Our presidents were, as you know from history, all advanced in age, a proof that people are well aware that business experience, and knowledge of the world are, besides honesty and common sense, indispensable qualities of a president of the United States. I should have inclosed this remark as a P. S., in my last letter, but did not prefer to imitate here your letter fashion, my daughters, much as I admire letters written by ladies, for they alone understand well how to write them. I have waited long enough for letters on the constitution from a Mrs. Phelps, Mrs. Strickland, Mrs. Willard, Mrs. Howe, or Mrs. Hale, but think the time has now come to try my skill. Let me then go on :

"6. In case of the removal of the president from office, or of his death, resignation, or inability to discharge 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 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."

In this regard, the law is that the intermediate president of the senate, or the speaker of the house of representatives, shall be president. In regard to non-election, the constitution is silent. But the law is just, and required for the preservation of the Union, and the regular management of the public business.

"7. The president shall, at stated times, receive 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."

The salary of the president is twenty-five thousand dollars, and that of the vice-president eight thousand dollars per annum. In spite of the peculiar liberty especially enjoyed by the opposition party of showering clouds of calumnies daily upon this functionary, there is no instance on record that one of our presidents has abused his station to accumulate money from spurious resources. Some of them died poor. They were among the best of men.

"8. 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 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."

You will notice with great pleasure that the form of this oath or affirmation is made acceptable to the members of whatever denomination or confession.

The spirit of urbanity and liberality breathing through this organic law is not so much appreciated at home as it deserves. What true and noble humanity filled the mind and heart of those who framed it. It stands still alone among and above the numerous constitutions since made in Europe and America.

I feel happy to be at the head of a family, whose members, without exception, feel thankful to the great and good men who devised the constitution.

LETTER XXIII.

Presidential Functions. - Commander-in-chief of the Army and Navy and Militia. Opinions of the Heads of the Departments. — Reprieves. — Pardons.. - The Union a Government, no League. - Prompt Protection analogous to Police. State Governors Commanders-in-chief. Treaties.

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- Consent of two-thirds of the Senate. Jefferson. - Hamilton. - Removal from Office. - Treaty with France.

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WE shall now hear something about the proper business of the president.

SECTION II.

"1. 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 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 pardons for offences against the United States, except in cases of impeachment."

This is plain without comment. The phraseology of the first part of this clause seems to pre-suppose a United States army separate from the militia. If so, our little army is all right. As matters are now, it seems that we can not much longer enjoy our civil liberty without an army of the United States, because we are fond now of enforcing our will with weapons, instead of confiding to the ballot-box. Look at Kansas, California, etc. He who is at the head of the executive must be commander-inchief of the forces subservient to the executive. The second clause pre-supposes different executive departments, as of war, navy, treasury, state, interior, with proper heads, as advisers of the president.

Our Union being constituted as a government, and not as a mere league, the executive acts, in all cases belonging to its sphere, analogous to the usual state executives, police included. Should foreign nations attack our territory, molest our citizens

when travelling abroad, or stop and destroy our ships on the oceans, in all such cases it is the duty of the executive to defend our interests, rights, and honor, with all disposable means at hand, without waiting for legislative action, because, for this purpose, we have executives. They are instituted parts of the government, acting within their sphere independently. The state constitutions make their governors commanders-in-chief of the militia, and navy too, which, if it refers to war, seems to clash with this section, in some respect at least.

"2. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law; but the congress may by law vest the appointment of such inferior officers as they think proper in the president alone, in the courts of law, or in the heads of departments.

Instead of a separate council, as in Great Britain, the constitution designates the senate as the adviser of the president, in certain instances. Our history shows what importance has been given to the heads of departments, as for example, under General Washington's presidency on the National bank question. Jefferson, then secretary of state, was against such a bank, Hamilton, secretary of the treasury, in favor of one. The first became thus the patron of the democrats, the second that of the whigs. And ever since, the local partisans respectively oppose or approve of such a bank, because Jefferson was against and Hamilton for it. The executive concurrent activity of the senate is, fortunately, not so distinctly apparent. The president, not the heads of the departments, is responsible for his official acts. In monarchies, the prince is not responsible, but the heads of the departments. When the better performance of the public affairs require it, the president may delegate his authority, namely, in time of war.

The pardoning power can properly be exercised only by the executive, because it has directly nothing to do with the law and sentence. As the laws of procedure are at present, indeed, more in favor of the accused than of society or the accuser, it should hardly ever be exercised, because it invariably interferes with established justice and the judiciary. This pardoning power is a

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