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not have attained the age of thirty-five years, and been fourteen years a resident within the United States; and no person constitutionally ineligible to the office of president, can be elected to that of vice-president.
The president is a responsible officer. He is sworn faithfully to execute his office, and to the best of his ability to preserve, protect and defend the constitution. He, as well as the vice-president and all civil officers of the United States, shall be removed on impeachment for and conviction of, treason, bribery, or other high misdemeanors.
Sect. 3.–Of the Judiciary Department.
The judiciary power of the United States is vested in a supreme court and such inferior courts as congress from time to time may establish. The judges are appointed by the president, with the advice and consent of the senate. They hold their offices during good behaviour.
The supreme court at present consists of one chief justice and six associate judges, and holds its sittings once a year at the seat of government. There is in each state one, and in some two, district courts, consisting of a single judge, who holds regular sittings four times in the year, and special sessions, whenever occasion requires. Above those tribunals and inferior to
the supreme court, there is a circuit court composed of one of the judges of the supreme court, who repairs twice a year to the districts allotted to him, and there sits with the district judge, who, with him, constitutes the circuit court. The states or districts are for that purpose divided into circuits, one of which is allotted to each judge of the supreme court, including the chief justice. A few of the states are without a circuit court, and the district judge performs its functions. Measures are in contemplation to remedy this defect.
During the presidency of the first Adams, a law was passed, in virtue of which three judges were appointed in and for each circuit, who, together, without the district judge, composed the circuit court. On a change of administration, that excellent system was abolished.
Courts martial and the senate, sitting as a court for the trial of impeachments, are not considered as within the ordinary judicial order. They are exceptions to the general system.
SECTION 4.-Appointment of Officers and Salaries.
The president nominates, and, with the advice and consent of the senate, appoints ambassadors, other public ministers and consuls, judges of the supreme court and all other officers of the United States, whose appointment are not otherwise provided for by the con
stitution, and all which shall be established by law; but the congress may also 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 may also fill up all vacancies happening during the recess of the senate, by granting commissions, which shall expire at the end of their next session. If they should so expire in consequence of the president's neglecting to send nominations to the senate in a reasonable time, or of their disagreement, the constitution does not seem to have provided for filling the vacancies.
The president, vice-president, senators, representatives and judges have their salaries fixed by law. Those of the judges cannot be diminished during their continuance in office. That of the president can neither be increased nor diminished; and he shall not receive any other emolument from the United States or any of them. The nation, however, has provided a house for his residence, and furnishes it from time to time. The house and furniture are national property.
Such is the organization of the general government of the United States. We shall now enumerate the powers that are vested in them, and show in what manner those powers are distributed, first laying down,
as a general rule, that all the legislative powers granted by the constitution are vested in the congress, sub
, ject to the qualified negative of the president, as abovementioned, which must always be understood when we speak of the powers vested in congress. That negative power, or veto, as it is called, is not intended to be frequently used. It is but seldom that a president can have just cause to differ in opinion from the representatives of the people and those of the states.
OF THE POWERS, RIGHTS AND DUTIES OF THE GENERAL
AND STATE GOVERNMENTS.
Section 1:- Foreign Relations, War, Peace, Treaties.
CONGRESS have the power of declaring war, and of doing all that may be necessary to carry that declaration into effect, which the constitution thus enumerates: to grant letters of marque and reprisal; to raise and support armies and provide and maintain a navy; to make rules for the government and regulation of the land and naval forces, and concerning captures by land and water; to provide for calling forth the militia, when necessary to execute the laws of the Union, suppress insurrections and repel invasions, and for organizing, arming and disciplining the same, and governing such parts thereof as may be employed in the service of the United States, reserving to the states the appointment of the officers and the authority of training the militia, according to the discipline prescribed by congress; to erect forts, magazines, arsenals, dock-yards and other needful buildings, on sites to be by them purchased, with the consent of the legislatures of the states in which they may be situated,