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in-chief of the army and navy, he has ample means of enforcing the observance of the laws.
§ 449. It belongs to the executive department to execute. every law which Congress has the constitutional authority to enact. But if the President should mistake the meaning of an act of Congress, and in consequence of such mistake should give instructions not warranted by the act, any injured party might recover damages against the officer acting under those instructions, which, although given by the President, would furnish no justification or
§ 450. The President commissions all the officers of the United States, because the appointing power is vested in him, jointly with the Senate. The commissions of the public officers appointed by the President, are signed by him, and have the great seal of the United States affixed thereto. (See § 427.)
"SECTION 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."
§ 451. The power of impeachment does not extend to all citizens, but only to the President, the Vice-President, and all civil officers of the United States. By civil officers of the United States, are meant all officers who hold appointments, either of an executive or a judicial character, under the general government. But officers in the army or navy are not considered as civil officers, and are not, therefore, liable to impeachment; they are subject, however, to the discipline of the army and navy, to trial by a court-martial, and to dismission from the service by the President.
§ 452. The words "crimes" and "misdemeanors" have
nearly the same signification, but in common usage the word "crimes" is intended to denote offences of a more serious character, while "misdemeanors" denotes those of less consequence. Bribery, as used here, is the giving of money or reward to, or its receipt by, a person in office, as a compensation for acting contrary to his duty.
§ 453. It has generally been considered that members of the Senate and House of Representatives are not liable to impeachment, inasmuch as they hold their appointment under the State, or from the people they represent, and not from the national government.
We have already described the proceedings in impeachment; see § 114.
§ 454. In England the king is not constitutionally answerable for any of his official misconduct. It is presumed that he acts always by the advice of his ministers, and they are, therefore, held personally responsible for all political measures adopted during their administration. It is for this reason that the ministers resign as soon as they find that a majority of Parliament is against them. But in the United States, the President is, by the Constitution, answerable himself for his own official misconduct, and is, as we have just seen, liable to impeachment for treason, bribery, or other high crime or misdemeanor.
$455. The President, in all cases where his official authority and duty are not brought in question, is merely a private citizen, subject to the usual duties and obligations of a citizen. Therefore, if his testimony is necessary in any case for the purposes of justice, he may be subpoe naed into court and examined as a witness, and may be required to produce papers just as any other citizen, unless the papers relate to State affairs, which should not be disclosed.
§ 456. The following is a list of the Presidents and VicePresidents for each Presidential term of four years:
John Adams, Mass.
1st, From March 4, George Washington, 1789, to March 4, Va.
2d, March 4, 1793, to George Washington,
John Adams, Mass.
3d, March 4, 1797, to John Adams, Mass.
Thomas Jefferson, Va.
March 4, 1801.
4th, March 4, 1801, to Thomas Jefferson, Va. Aaron Burr, N. Y.
March 4, 1805.
5th, March 4, 1805, to Thomas Jefferson, Va. George Clinton, N. Y. March 4, 1809.
6th, March 4, 1809, to James Madison, Va. March 4, 1813.
George Clinton, N. Y.
7th, March 4, 1813, to James Madison, Va. March 4, 1817.
Elbridge Gerry, Mass.
8th, March 4, 1817, to James Monroe, Va.
Daniel D. Tompkins,
9th, March 4, 1821, to James Monroe, Va. March 4, 1825.
10th, March 4, 1825, John Quincy Adams, John C. Calhoun, S. C.
to March 4, 1829.
11th, March 4, 1829, Andrew Jackson, Tenn. John C. Calhoun, S. C. to March 4, 1833.
to March 4, 1841. 14th, March 4, 1841, to March 4, 1845.
12th, March 4, 1833, Andrew Jackson, Tenn. Martin Van Buren, to March 4, 1837.
13th, March 4, 1837, Martin Van Buren,
Richard M. Johnson,
N. Y. Ky. William Henry Harri-John Tyler, Va., Viceson, Ohio, President President for one for one month; died month; office vacant | April 4, 1841. for residue of term. John Tyler, acting President 3 years, 11 m. James K. Polk, Tenn.
15th, March 4, 1845,
to March 4, 1849. 16th, March 4, 1849, to March 4, 1853.
17th, March 4, 1853, Franklin Pierce, N. H. to March 4, 1857.
George M. Dallas, Pa.
Zachary Taylor, La., Millard Fillmore, N.
William R. King, Ala.,
THE EXECUTIVE DEPARTMENTS.
§ 457. THE executive and administrative business of the government is not all managed directly by the President himself, but has, by various acts of Congress, been distributed among several executive departments, viz.:
(1.) Department of State.
(2.) Department of the Navy. (3.) Department of War.
(4.) Department of Treasury.
(5.) Post-office Department.
§458. The heads of these departments, together with the Attorney General of the United States, are appointed by the President, with the advice and consent of the Senate, and they constitute what is termed the cabinet, with whom the President consults confidentially upon public affairs. The Vice-President of the United States is not a member of the cabinet.
§ 459. They are the constitutional advisers of the President, and he is authorized by the Constitution (Art. II. sec. 2, clause 1) to "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." These officers are again recognised by the Constitution in the clause which vests the appointment of certain inferior officers "in the heads of departments," (Art. II. sec. 2,
clause 2.) The number, organization, and duties of these departments, are left to be determined by Congress.
§ 460. The chief officer, or head, in each of the depart as above stated, nominated by the President and approved by the Senate; but he may be removed at the will of the President alone, and is responsible to him. If a vacancy happens during the recess of Congress, the President may appoint an officer pro tempore to fill the place till the next meeting of Congress.
In some of these great departments there are established subordinate departments, termed bureaus, to which certain subjects of business are assigned.
§ 461. Each of the departments has an official seal; so also have some of the bureaus; copies of their records, authenticated by certificate and the official seal, are, by act of Congress, made evidence equally with the original record or paper; the heads of the departments are authorized by law to appoint the clerks, (except some of the principal clerks, who are appointed by the President,) by virtue of the clause in the Constitution, as above mentioned, authorizing certain appointments to be vested in the heads of departments; and they perform generally such other duties appertaining to their office as may be required of them by the President or by Congress.
§ 462. No contract in behalf of the United States can be made by the heads of departments, except under a law or appropriation authorizing it, so that they cannot involve the government in responsibility for the payment of money, beyond the amount appropriated by Congress.
§ 463. The Secretary of State performs such duties as are enjoined on or intrusted to him by the President, agreeably to the Constitution, relative to the correspondence with and instructions to the public ministers, consuls,