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 decide what is 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, and[230] so 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 re?lected if the people see fit. several times in our history the president has been once re?lected, and so held the office for eight years; but none have been twice re?lected, 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.
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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 re?nacts 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 with[232] much 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 the source of 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.
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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.
