[1]This clause within brackets has been superseded and annulled by the 12th amendment.
[1]This clause within brackets has been superseded and annulled by the 12th amendment.
[1]This clause within brackets has been superseded and annulled by the 12th amendment.
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.
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 the age of thirty-five years, and been fourteen years a resident within the United States.
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.
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.
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.”
Sec. 2.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 pardon for offenses against the United States, except in cases of impeachment.
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 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.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
Sec. 3.He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and 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; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
Sec. 4.The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.
Section 1.The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
Sec. 2.The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers, and consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the United States shall be a party;—to controversies between two or more States;—between a State and citizens of another State;—between citizens of different States;—between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects.
In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction.
In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.
Sec. 3.Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convictedof treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.
Section 1.Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Sec. 2.The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.
No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on the claim of the party to whom such service or labor may be due.
Sec. 3.New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress.
The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.
Sec. 4.The United States shall guarantee to every Statein this Union a Republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence.
The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress. Provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.
All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required asa qualification to any office or public trust under the United States.
The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.
Donein Convention by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America, the twelfth.In Witness Whereof, We have hereunto subscribed our names.
GEO. WASHINGTON,President, and Deputy from Virginia.
New Hampshire.
Massachusetts.
Connecticut.
New York.
New Jersey.
Pennsylvania.
Delaware.
Maryland.
Virginia.
North Carolina.
South Carolina.
Georgia.
WILLIAM JACKSON,Secretary.
Proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth article of the original Constitution.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.
No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelledin any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The judicial power of the United States shall not be construedto extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.
The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person to be voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest number not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other Constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number ofelectors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person Constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Section 1.Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Sec. 2.Congress shall have power to enforce this article by appropriate legislation.
Section 1.All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
Sec. 2.Representatives shall be appointed among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed; but when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged except for participation in rebellion orother crimes, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Sec. 3.No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States or under any State, who, having previously taken an oath as a Member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.
Sec. 4.The validity of the public debt of the United States authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in the aid of insurrection or rebellion against the United States, or any loss or emancipation of any slave, but such debts, obligations, and claims shall be held illegal and void.
Sec. 5.The Congress shall have power to enforce, by appropriate legislation, the provisions of this act.
Section 1.The right of citizens of the United States to vote, shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.
Sec. 2.Congress shall have power to enforce this article by appropriate legislation.
The seat of government was established as follows: At Philadelphia, Pa., commencing September 5th, 1774, and May 10th, 1775; at Baltimore, Md., December 20th, 1776; at Philadelphia, Pa., March 4th, 1777; at Lancaster, Pa., September 27th, 1777; at York, Pa., September 30th, 1777; at Philadelphia, Pa., July 2d, 1778; at Princeton, N. J., June 30th, 1783; at Annapolis, Md., November 26th, 1783; at Trenton, N. J., November 1st, 1784; and at New York City, N. Y., January 11th, 1785.
On the 4th of March, 1789, the present Constitution, which had been adopted by a convention and ratified by the requisite number of States, went into operation.
The plan of this part of our work requires us to give a complete view of the government of the United States, and in such detail as to be adequate to all the purposes of the citizen and the student who wish to understand its structure and modes of working. It will be found, we think, a clear, concise, and complete account of what it is indispensable to the American to know.
There are three branches, each independent, having its sphere of general action entirely distinct, and clearly defined by the Constitution; yet working in harmony with the others, and locking in, so to speak, with them at special points, like the cogs of a system of wheels. The adjustment was more perfect than the authors of the Constitution themselves believed; probably because the spirit of the whole was in harmony with the people whose interests it was designed to guard.
These three branches are the Legislative, the Executive, and the Judicial. All the institutions or general subdivisions of each are given in connection, with such explanations and data as they seem to require. We commence with the Executive, as being most immediately in contact with the people at large, having a wider field, and a larger number of distinct organizationsand agents. This branch exhausted, we present the Legislative, and finally the Judicial, closing with such matters as belong to the government as a whole.
No human government is perfect, neither can exact and equal justice be done in every case by human laws. But the scope and design of our legislation and jurisprudence is to dispense justice to all, to place all on an equality before the laws, and to give the same rights to the rich and to the poor. No privileged class is known to our laws, and the lowest may aspire to the highest places of distinction and honor; many have done so, and have reached the most exalted positions. The fullest religious liberty is granted to all; every man may worship as he pleases, when and where he pleases, without molestation or fear. He is not, as in many other countries, taxed to support a church established by law. He may pay for religious purposes as much or as little as he pleases, and to any church he prefers, or he may pay nothing, and no one can call him to account or use any compulsion whatever in this matter.
Every citizen has a vote for the choice of his rulers, and through his representatives a voice in making the laws by which he is governed.
As to his business or calling, he may do that which best suits his interests or his tastes. He may go when or where he desires, he may stay in the country or leave it without restraint or hindrance; in short, he may do whatsoever seemeth good to him, provided he does not infringe on the rights of others.
To this liberty, to these equal rights, privileges, and advantages do we attribute our rapid growth and power. The advantages and benefits of so wise, so liberal, and so beneficent a government are not unknown to the people of other countries where they do not enjoy so much freedom; and this accounts for the wonderful immigration to the United States from nearly every country in Europe. This flow has continued for more than three-quarters of a century, and is still unabated. It has added many millions to the natural increase of our population,while very few of our own people ever leave their own country with the hope of bettering their condition, or of finding a government under which they can enjoy more liberty or better protection. To gain a clearer conception of the intimate connection between a good government and the prosperity of the country, let us, for example, place Mexico in contrast with the United States. Mexico was settled long before the United States, and in climate and mineral wealth has the advantage of us; yet the ever unsettled condition of its government, together with intolerance of any but the Catholic religion, has prevented any increase of population or any advancement in anything which gives a nation respectability, greatness, or power.
Let us draw another contrast by considering Ireland. An oppressive government has diminished the population, prevented any advancement, and impoverished the country. We might draw many such contrasts between the United States and other countries in Europe, Asia, Africa, and South America, which would convince any one who has the power to trace causes to effects, and effects to causes, that a just and liberal government is an essential condition upon which the prosperity of any country depends.
1. Congress legislates, or enacts laws; the officers of the Supreme Court decide whether those laws are in conformity with the Constitution; but the real ruler, the actual possessor of power, is the President. In the language of the first section of the second article of the Constitution, “The executive powers of the government shall be vested in a President of the United States of America.” The other branches of the government decidewhatis to be done, and what is constitutionally legal, and the President is the agent. He executes, or puts in actual operation, the measures determined on by them. Should he attempt to do anything not so prescribed, or to do anything in an improper manner, contrary to or different from the manner prescribed by the law, he may be impeached and removed, and all the subordinate officers and agents of the government released from the obligation to obey him.
2. The other branches are composed of many persons. He has no associate. The execution of the law requires vigor and decision, such as can be found only in a single mind and will. All history shows that there is constant danger of power being misused, whether one, two, or any number of men are the depositaries of it; but one man is much better than two or more, when vigor and promptness are required. All the securities and checks that could be applied without embarrassing his necessary freedom of action have been provided. They can not, indeed, supply the want of judgment and uprightness, andso no absolute security against mismanagement can exist; but the danger may be in large part avoided by carefulness in the selection of the man who is to wield the whole power of a great nation.
It is an office of great dignity, responsibility, and power, and requires a man of great ability and probity to properly fill it.
3. The President is elected for four years, and may be reëlected if the people see fit. Several times in our history the President has been once reëlected, and so held the office for eight years; but none have been twice reëlected, though there is no law against it. The term commences and terminates on the fourth day of March. He is elected by the people, every voter having an equal influence in the choice; but it is not done by voting for him directly, but by voting first for men called electors, who cast their votes according to the wish of the people. This system we shall hereafter examine.
4. A Vice-President is elected at the same time and in the same way, who, in case of the President’s death, removal, resignation, or inability to discharge the duties of his office, becomes acting President during the remainder of his term, or while the disability continues. The first Congress passed a law giving the President a salary of $25,000 per annum, with the use of a furnished house, and it remained the same until 1873, when it was raised to $50,000 per year. He is forbidden by the Constitution to receive any other public income during his term of office, nor is he at liberty to accept presents from any foreign power.
Before entering on the duties of his office he is required to take an oath “to preserve, protect, and defend the Constitution of the United States,” to the best of his ability.
5. It is required that he shall be a native-born citizen of the United States, that he shall have been fourteen years a resident in the United States, and that he shall not be less than thirty-five years of age; which are designed to insure his attachment to American interests, his thorough acquaintance with American affairs, and the full maturity of his mind and character.
6. It is his duty to appoint such officers in every department of the public service as are not otherwise provided for. He usually sends the nomination to the Senate for their approval or consent, and when that is given appoints them by commission, signed with his name, to the office. In this manner he nominates the Justices of the Supreme Court, ambassadors, resident ministers, chargé-d’affaires, consuls, and other representatives of the government abroad, all the Heads of Executive Departments, and the more important subordinate officers of each department. When the Senate is not in session he may appoint all these directly, to serve until it meets again. The clerks and minor officers are usually appointed by Heads of Departments. In all other cases the advice and consent of the Senate are required before the appointment and commission can be legal.
7. It is his duty to make treaties with Foreign Powers, but these require confirmation by two-thirds of the Senate to be valid. He receives the Representatives of Foreign Powers, and superintends all diplomatic intercourse with them and with our own Representatives abroad.
He is commander-in-chief of the army and navy, and must sign the commissions of all the officers in each. He may grant reprieves and pardons at his discretion, except in cases of impeachment, and he is required to approve and sign the laws passed by Congress before they can take effect. If he does not approve a law he “vetoes” it by returning it to Congress, with his reasons for not signing it. If that body reconsiders it and reënacts it by a two-thirds vote of each house, it may become a law without his signature.
8. He may call extra sessions of Congress for special reasons, and may adjourn it in case of disagreement between the two houses as to the time of adjournment. It is his duty to give information to Congress, at the commencement of each session, of the state of the country, and to recommend to it such legislative enactments as he may judge are required. This is called “The President’s Message,” and is looked for withmuch interest in this and in foreign countries, since his position makes him intimately acquainted with every subject relating to the public welfare. When he considers that the occasion demands it, or when he is requested by Congress to give information on a special point, he communicates with them by similar documents, called messages.
He may be impeached for treason, bribery, or other high crimes, by the House of Representatives, and tried by the Senate, the Chief Justice of the Supreme Court presiding over that body during the trial, and in case of conviction is removed from office.
9. It will be seen that he possesses great power, and that he is almost overwhelmed by responsibilities. The members of his cabinet are his constitutional advisers, and share more or less of this responsibility, although his will may override them all if he so chooses.
There are many provisions for preventing an abuse of power in the Constitution and in the laws of Congress, but all history proves that nothing but watchfulness and wisdom on the part of the people can preserve to them their rights and liberties. Power, wherever lodged, is naturally aggressive. Fortunately the people themselves in this country are thesourceof power, and may legally restrain its exercise in their representatives and executive officers, when it threatens to become excessive.
The following are the names of all the Presidents, from Washington, the first, down to the present incumbent:
George Washington, Va., 30th April, 1789, to 4th March, 1797—seven years ten months and four days.
John Adams, Mass., 4th March, 1797, to 4th March, 1801—four years.
Thomas Jefferson, Va., 4th March, 1801, to 4th March, 1809—eight years.
James Madison, Va., 4th March, 1809, to 4th March, 1817—eight years.
James Monroe, Va., 4th March, 1817, to 4th March, 1825—eight years.
John Quincy Adams, Mass., 4th March, 1825, to 4th March, 1829—four years.
Andrew Jackson, Tenn., 4th March, 1829, to 4th March, 1837—eight years.
Martin Van Buren, N. Y., 4th March, 1837, to 4th March, 1841—four years.
William H. Harrison, O., 4th March, 1841, to 4th April, 1841—one month.
John Tyler, Va., 4th April, 1841, to 4th March, 1845—three years and eleven months.
James K. Polk, Tenn., 4th March, 1845, to 4th March, 1849—four years.
Zachary Taylor, La., 4th March, 1849, to 9th July, 1850—one year four months and five days.
Millard Fillmore, N. Y., 9th July, 1850, to 4th March, 1853—two years seven months and twenty-six days.
Franklin Pierce, N. H., 4th March, 1853, to 4th March, 1857—four years.
James Buchanan, Pa., 4th March, 1857, to 4th March, 1861—four years.
Abraham Lincoln, Ill., 4th March, 1861, to 15th April, 1865—four years one month and ten days.
Andrew Johnson, Tenn., 15th April, 1865, to 4th March, 1869—three years ten months and twenty days.
Ulysses S. Grant, Ill., 4th March, 1869, to 4th March, 1877—eight years.
Of these William H. Harrison died 4th April, 1841, just one month after his inauguration. On the death of Harrison, Tyler, the Vice-President, became acting President. Taylor died 9th July, 1850, and Fillmore, Vice-President, became acting President. Lincoln was assassinated on the 14th April, 1865, one month and ten days after he was inaugurated upon his second term, and Andrew Johnson, the Vice-President, became acting President—this being the third time that such an event has occurred since the government went into operation.
This officer is elected by the people at the same time, and in the same manner, as the President, and for the same term. He must be a native citizen of the United States, and thirty-five years of age.
His high-sounding title would lead one who is but little acquainted with our government to think that he stands next to the President himself in dignity and power; that on his shoulders rests a large amount of the duties and responsibilities of the administration. Such, however, is not the case. He is, in fact, nearer a cipher than any of the high officers of State. He is merely the presiding officer of the Senate, with not even the power to vote, except in case of a tie vote in that body, when he may give the casting vote. It is only in case of the death, resignation, impeachment, or disability of the President to discharge his duties, that the Vice-President becomes an officer of much power or dignity.
The following is a list of all the Vice-Presidents:
John Adams, Mass., April 30th, 1789, to March 4th, 1797—seven years, ten months and four days.
Thomas Jefferson, Va., March 4th, 1797, to March 4th, 1801—four years.
Aaron Burr, N. Y., March 4th, 1801, to March 4th, 1805—four years.
George Clinton, N. Y., March 4th, 1805, to April 30th, 1812—seven years, one month, and sixteen days.
Elbridge Gerry, Mass., March 4th, 1813, to November 23d, 1814—one year, seven months, and nineteen days.
Daniel D. Tompkins, N. Y., March 4th, 1817, to March 4th, 1825—eight years.
John C. Calhoun, S. C., March 4th, 1825 to March 4th, 1833—eight years.
Martin Van Buren, N. Y., March 4th, 1833, to March 4th, 1837—four years.
Richard M. Johnson, Ky., March 4th, 1837, to March 4th, 1841—four years.
John Tyler, Va., March 4th, 1841, to April 4th, 1841—one month.
George M. Dallas, Pa., March 4th, 1845, to March 4th, 1849—four years.
Millard Fillmore, N. Y., March 4th, 1849, to July 9th, 1850—one year and four months.
William R. King, Ala.
John C. Breckenridge, Ky., March 4th, 1857, to March 4th, 1861—four years.
Hannibal Hamlin, Me., March 4th, 1861, to March 4th, 1865—four years.
Andrew Johnson, Tenn., March 4th, 1865, to April 15th, 1865—one month and eleven days.
Schuyler Colfax, Ind., March 4th, 1869, to March 4th, 1873—four years.
Henry Wilson, Mass., March 4th, 1873, to March 4th, 1877—four years.
Of these, Clinton died April 20th, 1812; from which time till March 4th, 1813, the Vice-Presidency was vacant.
Gerry died November 23d, 1814; from which time till March 4th, 1817, the Vice-Presidency was vacant.
Tyler became acting President upon the death of President Harrison; and until March 4th, 1845, the Vice-Presidency was vacant.
Fillmore became acting President upon the death of President Taylor, July 9th, 1850; and until March 4th, 1853, the Vice-Presidency was vacant.
King was elected with President Pierce, in 1852, but died April 18th, 1853. He never took his seat, and the Vice-Presidency was vacant till March 4th, 1857.
Johnson became acting President upon the death of President Lincoln, April 15th, 1865, and the Vice-Presidency again became vacant, and remained so until March 4th, 1869.
1. The members of the President’s Cabinet are seven in number, viz.: Five Secretaries, at the head of their respective departments, of State, Treasury, War, Navy, and Interior; and the Postmaster General, and Attorney General. It is through these departments and their various bureaus, officers, agents, and clerks, that the President performs most of the duties of his position, viz.: that ofexecuting, or putting in force, the laws of Congress. He must, therefore, necessarily take them into his counsels, and arrange, by their assistance, the conduct of public affairs. Each one has the affairs of his department so thoroughly systematized that he can tell, with a little examination, the means at his disposal for carrying into effect any special measure; and precise records of the whole state of the public service may, at all times, be found in their offices.
2. They are also selected for their several positions from among those regarded as the most eminent statesmen of the country, and each is supposed to be specially adapted, by his experience, acquirements, and capacity, for his special position, as well as in harmony with the general policy adopted by the President. They are, therefore, properly, andex officio(by virtue of their office), his advisers. No one else can tell as well as they the condition of public affairs at any particular time, nor, in consequence, give as good advice on any special measure requiring such knowledge. Without their aid the President would have few means of judging what was best, orpossible, to be done at any particular crisis. They furnish the material for his decisions, and the instruments to execute them. They are heads of the Executive Departments, and, together with the President, who is the head of them all, bringing them all into harmony, and under the control of a single purpose and will, they are called the administration. They administer, or carry on, the government.
3. In other countries these administrative heads are usually called Ministers, probably because theyservethe ruler—servant being the original meaning of the term minister—and are commonly chosen among the members of the legislative bodies—perhaps because that brings the government into closer sympathy with the legislators, and promotes harmony of action; but with us, no member of the Cabinet can have a seat in, or take any part in the proceedings of, Congress. Great care was taken to keep the different branches of the government distinct and independent of each other. Each branch, and each subdivision, is kept separate, and confined to its own range of duties, being united to the others only by its head, so that confusion and conflict might be impossible.
4. Each sub-department reports at stated intervals to its head, and he to the President, and through him to Congress; and at the same time they present such suggestions and arguments for legislation in regard to their several departments as their knowledge, experience, and reflections may have convinced them to be desirable. They are supposed to give their whole time and thought to the care and improvement of their several branches of the public service, and to be in condition to know what further improvement should be provided for by law, better than any one else.
5. Under Washington’s administration the departments and members of Cabinet were but three—of State, of the Treasury, and of War. In 1798, during the administration of John Adams, the Department of the Navy was added, and its Secretary took his seat in the Cabinet. It then had only four members down to Jackson’s administration (1829 to 1837), when thePostmaster General was made a Cabinet officer, which increased the number to five. During Mr. Tyler’s administration (1841-1845) the Attorney General was made a member, and the number was then six. At the close of Mr. Polk’s term as President, in 1849, the Department of the Interior was created, and its chief given the seventh seat in the Cabinet; since which time there has been no increase. Congress may, at their discretion, as the country grows, and the public service with it, create other great or independent departments requiring its representative to have a seat in the Cabinet, that the state of the entire service may be readily known from the officer most familiar with each branch.
1. As the Chief Executive of a government cannot, for want of time, attend to all the details of the business belonging to his office, he, according to the usage of all times, appoints various officers to attend to the different branches of public business. In most countries these officers, who are next in importance to the chief of the government, are called Ministers. In accordance with the practice of using plain and simple terms which was adopted in this country at the beginning, they are called Secretaries. They are subordinates of the President and supposed to act in his name and under his direction.
2. They are not specially named in the Constitution, but are several times referred to as Heads of Departments, and thus it was assumed that there would be such offices and officers, and their appointment was provided for. The first Congress under the Constitution organized these Executive Departments, the President nominating and the Senate confirming the appointment of the more responsible officers.
3. The first of these in rank is called the Department of State, and its head is named the Secretary of State. He is, by a law passed in 1853, aided by an Assistant Secretary, appointed in the same manner as himself. The numerous under officers required by the extensive business falling to this department are appointed by the Secretary at its head.
4. This Department has charge of such business as may arise between this government and the governments of othercountries. In most countries it is called the Department, or Ministry, of Foreign Affairs, but the term Department of State was preferred here. The great Seal of the United States is in his keeping, and it is his duty to affix it to all civil commissions given to officers of the United States who are appointed by the President and Senate, or by the President alone. It is his duty, under the supervision and control of the President, to conduct the correspondence with, and give instructions to, the Foreign Ministers, Consuls, and Agents of the government abroad, to take charge of the official business and intercourse of the government with the representatives of foreign governments sent to us, and to attend to such other business arising from our Foreign Relations as shall be committed to him by the President.
5. It is his duty to keep in his office the original copies of all acts, resolutions, and orders of Congress. He must deliver to each Senator and Representative in Congress, and to the Governor of each State, a printed copy of the same; and during the session of each Congress he must publish the acts and resolutions passed by it in one newspaper in the District of Columbia, and in not more than two in each State and Territory of the United States. He must also publish in like manner all amendments of the Constitution, and all public treaties made and ratified between the United States and any foreign State, Prince, or Power, or with any of the Indian tribes.
6. And at the close of each session of Congress he must cause to be published 11,000 copies in book form of all the laws, etc., as before stated; and to distribute the same as directed by law to the President and Vice-President, and to every ex-President; to all the members of the Senate and House of Representatives; to all the heads of the various departments and bureaus; to all the Judges of the United States Courts, their Clerks and Marshals; to all our Foreign Ministers, Consuls, and Public Agents; in short, to all the important officers of the government at home and abroad; in order that all who are in government employ may know what the laws are, and whatchanges have been made in acts formerly existing. The remaining copies are distributed to the States and Territories according to the number of Representatives in Congress from each of them.
7. It is also made the duty of the Secretary of State to give passports to our own citizens who wish to travel in foreign countries; to cause passports to be issued by such Diplomatic or Consular officers of the United States as the President shall direct; to give such information to our people through the newspapers as he may from time to time receive from our Diplomatic and Consular agents abroad, as he may deem important to the nation, respecting our commercial interests in foreign countries, and to prepare a form of passport for the ships and vessels of the United States.
8. In the execution of extradition treaties between us and foreign governments, it is lawful for the Secretary of State, under his hand and seal of office, to issue an order for the rendition of any person who has been found guilty of crime in a foreign country, to any properly authorized person; that such criminal may be taken out of the United States to the country where the crime was committed.
9. It will be seen that, in addition to the duties connected with our Foreign Relations, he is a kind of General Secretary of the Legislative branch of the government, which probably led to his being called Secretary of State rather than Secretary of Foreign Affairs. The highest officer, in most other governments, under the Executive, is commonly called Prime Minister; but he usually has care of the general interests of the government, internal as well as external, and the term would not be fitting to the Secretary of State.
Our Foreign Relations require to be managed with great wisdom and skill, since they often involve peace and war, and the general prosperity of the country. It therefore requires a man of great ability, and of extensive knowledge. He is a member of the Cabinet, and one of the advisers or counselors of the President. His appointment is for four years, or duringa Presidential term; but he may be removed by the President at any time, if he deems it advisable.
10. As a matter of historical reference, we append the names of all the statesmen who have filled this high office, commencing with the first, placing them in the order of the dates of their appointments, together with the States from which they came:
1. Nations have business with each other, as individuals have; and their governments employ agents to represent them and transact business in their name. By these means their political and commercial relations and intercourse are regulated, treaties are made, and any disputes that may arise between them settled. Officers of this character have been employed from very early times, and by all nations. They are considered to be clothed with the authority and dignity of the government they represent, and therefore the office has ever been held in great honor, and men most familiar with the affairs of their own nation, of most extensive knowledge, prudence, and wisdom, are supposed to be selected for so eminent a service.
2. By the law (or general consent) of nations ambassadors are exempt from arrest, imprisonment, or prosecution. Any interference with them in this way might hinder the execution of the duties assigned them, and be a great damage to the public welfare, and an offense of that kind committed against them is considered as a dishonor to the government whose agents they are. On the other hand they require much judgment and tact that their conduct may not bring discredit on their government. Their inviolable character is carried so far as to exempt their servants from arrest, and their property from seizure for debt. The law of Congress protecting the Representatives of foreign governments to this country is but a re-enactment, or acceptance, of what has been known as the Law of Nations for many centuries all over the civilized world.A violation of this established usage among nations, without due atonement and satisfaction, would be recognized as a sufficient cause for war against the nation so offending.
3. Our own foreign ministers of all grades are appointed by the President, by and with the advice and consent of the Senate. They are not, however, the representatives of the President, but of the government of the United States. We said of all grades, for there are grades of these officials, different in dignity and power. They are distinguished also by different names which indicate their rank, viz.: Ambassadors, Envoys Extraordinary and Ministers Plenipotentiary, Ministers Resident, and Chargé d’Affaires.
4. This title in our country has no very specific meaning. It designates, however, a minister of the highest grade; but does not distinguish between one who goes to reside in the country whither he is sent, and one who is sent for some special purpose; such as that of negotiating a treaty of peace, or some other particular matter with which he is charged, and when that is accomplished returns home. In the latter case he is frequently styled a commissioner, because he was duly authorized, andcommissionedby his government to act for it; but in both cases the officer is an ambassador, for that word means a person authorized and sent to transact business for his government.
5. These titles designate ministers of the highest class; but generally refer to such as go to reside in the country where sent, and with full power to act for their government, in all matters and things of a diplomatic character.
Where negotiations become necessary between the two nations, permanent ministers of this grade are only sent to great powers—governments of the higher class.
6. These are not considered so high in rank as those termed envoys extraordinary and ministers plenipotentiary. Yet they are clothed with nearly the same powers, but are sent to countries of less importance, and receive less salaries.
7. There are a still lower grade of ministers (if we may call them so), or government agents, who reside abroad. They are sent to look after the interests of our government and its citizens in places of not much importance, and where there is but little to do. They also receive but small pay.
8. These officials rank as the lowest grade of ministers or diplomatic officers, and are not clothed with much authority or power, excepting when authorized to act in the room of a minister of higher rank, whose place is for the time being vacant. In this case consuls have been authorized to act in place of ministers; but not unless authorized to do so by the President of the United States.
9. Secretaries of Legation may with propriety be noticed under the general head of ministers, although they are not ministers of any grade, but are appointed by the same powers that appoint ministers, and accompany them merely as their secretaries. In the absence of a chargé d’affaires, they are sometimes authorized to act in his place. The position is not one of great dignity, nor is the compensation large.
1. A treaty is a written contract, entered into by two nations, on some question of interest or intercourse between them. It is precisely of the nature of a contract between two persons when they bind themselves to do, or not to do, certain things specified in the contract. That would be a treaty between individuals. Treaties between nations are only different in the solemn and formal manner of arranging and confirming these agreements.
2. Treaties have often been of great service to the world, both in ancient and modern times. By these negotiations, wars have been prevented, friendly relations maintained, and commercial intercourse kept up, advantageously to both parties. Treaties may be negotiated by any persons properly authorized by their governments to do so; and any government may authorize such persons as they see fit, to perform these important acts. In many cases the ordinary ministers who represent their governments to other governments, negotiate ordinary treaties. But in cases where something of an extraordinary character is to be arranged, special ministers or commissioners are sent for this express purpose. This was the case at the treaty of Ghent (so called from the name of the place where the commissioners met to arrange it), in 1814; by which a peace was brought about between England and the United States, after the last war between those powers. Special ministers, or commissioners, as they were denominated, were appointed and sent for this very purpose. A treaty of peacewas agreed upon by the commissioners of the respective countries, and hostilities ceased as soon as the news reached the United States.
3. In some cases our government has authorized its commanding generals to make a treaty with the hostile nation. It has also given the same power to the commanders of our national vessels; and also, in a few cases, to our consuls, in countries at a great distance from home, such as China, Japan, Siam, and Turkey.
The persons authorized to negotiate a treaty, rarely act without instructions from their government, as to the times and conditions of the proposed treaty. Much, however, must be left to the sound judgment and discretion of the negotiators as to the details.
4. It must be borne in mind that a treaty, although mutually agreed upon by the agents of the nations concerned, is not binding upon either party until properly ratified according to the forms of the respective governments interested. The modes of ratification differ in different governments. In ours the Constitution confers this power upon the President, by and with the advice and consent of two-thirds of the Senate.
In absolute monarchies this power rests in the hands of the King or Emperor alone. As before stated, every government may confer the power to negotiate a treaty upon such agents as it pleases. It also has the power to prescribe such modes of ratifying or confirming it, as it pleases.
5. But when once made and approved, it becomes binding not only upon the respective governments that made it, but upon all the citizens and subjects of that government. It has been held in this country by our greatest lawyers and statesmen, that the provisions of a treaty bind Congress, the President, and every citizen as much as any Constitutional provision or act of Congress. And for this reason our treaties are published in the papers in every State and Territory in the Union, in the same manner, and to the same extent, as the laws of Congress.
6. The violation of a treaty by either of the parties thereto, is reprehensible and criminal. It is derogatory to the character of any nation or individual that does it. It destroys the confidence of one nation in the other, leads to unfriendly feelings and acts between the parties, and may bring on a war, if satisfaction is not given. Yet such things have been done, and evil consequences have always followed. “If you make a bargain, stick to it,” is a common, trite, and wise saying.
Just here it seems proper to call attention to the fact that the Constitution prohibits any State from making any treaty with any foreign government. The reason for this provision is very obvious, for, if allowed, a State might confer privileges upon foreign powers which would be incompatible with the interests of other States. Therefore the treaty-making power is kept wholly in the hands of the general government, for in it every State has its representatives, and a voice in every treaty which it makes.
7. So numerous are the treaties which the United States has made with nearly every civilized nation upon earth, that it would require a very large volume to contain them. They are published with the laws, and generally in English and in the language of the nation with whom the treaty is made. They may be found in the United States Statutes at Large. It would require too much space in a work of this kind, to give even their titles.
8. Wars have been stopped; boundary lines between nations have been established; commercial intercourse arranged; the purchase and sale of lands, and a variety of other things have been the subjects, and formed the matter of treaties. Several of our most important ones relate to the purchase of territory. We acquired the States of Louisiana, Arkansas, and Missouri, by a treaty with France in 1803. It was called the Louisiana purchase; for it was nothing more than a purchase and sale of lands. We also acquired Florida of Spain, in 1819, in the same way, and California and New Mexico of Mexico, in 1847.
9. The immense quantities of land purchased of the Indians, were obtained by treaties with them. We are sorry to say that in some cases they have treacherously violated their treaty obligations; but at the same time it should be said by way of extenuating their offense, that our own government agents appointed for the purpose of taking care of the interests of the poor Indians, have, in connection with the white traders among them, shamefully cheated and wronged them, and provoked them not only to disregard their obligations, but to perpetrate murders, robberies, and thefts upon the whites who live near them. At different times during the years past, the Indians have been very hostile to us, and have waged war against the whites in their vicinity for the reasons above stated. “Honesty is the best policy.”
10. In the early part of the year 1867, a treaty was negotiated by William H. Seward, our Secretary of State, on the part of the United States, and Edward de Stoekl, the Russian Minister to the United States, on the part of Russia, for the cession of the Russian possessions in North America to the United States.
This treaty may be regarded as one of the most important of all our treaties with foreign powers; for by it the United States acquire between 350,000 and 400,000 square miles of territory, in addition to our already immense possessions; and it places by far the greater part of the Northwestern coast of North America under the control of the United States government.
For the purpose of giving a specimen of a treaty, and showing some of the details of this negotiation, we here insert it in full, as agreed upon by the contracting parties. $7,000,000 in gold is the consideration which the United States paid Russia for this territory. This treaty has been ratified by the United States and Russian governments, and the money, ($7,000,000 in gold) has been appropriated for the purpose, and paid to the Russian Minister.