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Amy Warwick, 2 Spr., p. 123; s. c., 2 Bl., p. 635. If war exists, the President, without an Act of Congress, has a belligerent right to declare a blockade.-The Tropic Wind, 24 Law Rep., p. 144; Act of 13th July, 1861; Constitutional; The Ned, Bl. Cr. Cas., p. 119. The President may arrest mischievous persons who impede or endanger military operations in time of civil war.-Ex Parte Vallandigham, 5 West., L. Mo., p. 37. Private property may be taken by a military commander to prevent it from falling into the hands of the enemy, or for the purpose of converting it to the use of the public, if the danger is immediate and impending, and the necessity urgent.-Mitchell vs. Harmony, 13 Howard, p. 115. But the officer cannot take possession of private property for the purpose of insuring the success of a distant expedition, upon which he is about to march. Id. When martial law has been declared in a State, an officer may lawfully arrest any one who he has reason to believe is engaged in the insurrection, or order a house to be forcibly entered.-Luther vs. Borden, 7 Howard, p. 1.

EXECUTIVE AUTHORITY.-The President may make and repeal rules and regulations for the compensation of extra services of army officers when Congress has not legislated thereon. The Secretary of War promulgates them.-U. S. vs. Eliason, 16 Pet., p. 291; also, U. S. vs. Webster, Dav., p. 38. Executive construction of laws, when carrying them into effect, binding on the judiciary when private rights are not affected.U. S. vs. Lytle, 5 McL., p. 9. The heads of departments are the media through which the Executive does many acts, hence their acts are presumed by the Courts to be done by his direction.-Wilcox vs. Jackson, 13 Pet., p. 498; U. S. vs. Cutter, 2 Court, p. 617. These departments must necessarily do many things not expressly authorized by law but essential to the proper action of the Government, though they are limited in the exercise of their powers.-U. S. vs. Macdaniel, 7 Pet., p. 2. Prohibiting an act, except under the special direction of the President, does not require his personal performance of the act. It must be done through the agency of the proper department.-Williams vs. U.S., 1 H., p. 290; s. c., 5 Cr. C. C., p. 619. Official acts of the President, and the record of the same, are kept in the respective departments.-Lockington vs. Smith, Pet. C. C., p. 466. President may remove all officers, at his discretion, civil or military, except those in the judicial department or where Congress has given some other duration.-Gratiot vs. U. S., 1 N. & H., p. 258.

Power to grant pardons unlimited, except in impeachment, and not subject to control of Congress.-Ex Parte Garland, 4 Wall., p. 334. May grant conditional pardon.-Ex Parte Wells, 18 H., p. 307. President cannot dispense with the execution of a statute nor control it, nor authorize that which the law forbids to be done by another (U. S. vs. Smith, Trials of Smith and Ogden, pp. 84, 237; Kendall vs. U. S., 12 Pet., p. 525; s. C., 5 Cr. C. C., p. 163), nor authorize Secretary of State to omit the performance of an act required by law.-Marbury vs. Madison, 1 Cr., p. 137. All his instructions not supported by law are illegal, and not obligatory on inferior officers.-Gilchrist vs. The Coll. of Charleston, 1 Hall L. J., p. 429; also, Otis vs. Bacon, 7 Cr., p. 589; Tracy vs. Swartwout, 10 Pet., p. 80; Kendall vs. U. S., 12 Pet., p. 525; same case, 5 Cr. C. C., p. 163. In obeying President's instructions commander of a public vessel acts at his peril and is responsible in damages to party injured if instructions are not in accordance with the law. Little vs. Barreme, 2 Cr., p. 170. Neither will illegal instructions of the Secretary of the Treasury justify illegal acts of a Collector.--Tracy vs. Swartwout, 10 Pet., p. 80; Gray vs. Lawrence, 3 Bl. C. C., p. 117; Foster vs. Peaslee, 21 Law Rep., p. 341; Magruder vs. U. S., Dev. C. C., p. 21. An Act expired is not revived by proclamation of the President. The Orono, 1 Gall., p. 137. When President's order would be a justification in law, the inferior must obey it, and only then.-U. S. vs. Kendall, 5 Cr. C. C., p. 163; same case, 12 Pet., p. 524. He cannot further interfere in a public prosecution than to end it and discharge defendant.-U. S. vs. Corril, 23 Law Rep., p. 145. Nor can he suspend the writ of habeas corpus, without an Act of Congress authorizing it.-McCall vs. McDowell, 1 Pac. Law Mag., p. 360; Ex Parte Merryman, 9 Am. L. R., p. 524. The proclamation of September 24th, 1862, held to be without authority and void as a defense of an officer's acts under it.-Id. The seizure and condemnation of enemy's property found in our ports not authorized by President's proclamation on breaking out of war.Brown vs. U.S., 8 Cr., p. 110. The Constitution does not forbid the issuing of a Treasury distress warrant, it being an executive and not a judicial act.-Murray vs. Hob. Land and Imp. Co., 18 H., p. 272. When injustice is wrought thereby, the Courts will review regula


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43_VOL. II.-POL.

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tions of the executive department in settling accounts. U.S. vs. Cadwalader, Gilp., p. 563.

APPOINTMENTS.—The Constitution, with regard to the appointment and commissioning of officers by the President, seems to contemplate three distinct operations: 1. The nomination-this is the sole act of the President, and is completely voluntary; 2. The appointment-this is also the act of the President, though it can only be performed by and with the advice and consent of the Senate; 3. The commission-to grant a commission to a person appointed might perhaps be deemed a duty enjoined by the Constitution.–Marbury vs. Madison, 1 Cranch, p. 137. The acts of appointing and commissioning are distinct acts.-Id. Complete when officer's commission is signed and sealed.-U.S. vs. Le Barron, 19 H., p. 73. Though no bond is given before the decease of President appointing, the appointment is valid.-Id. A commission is not necessary to an appointment.--Marbury vs. Madison, first supra. Bond not a condition precedent to authority to act when appointment is confirmed by the Senate, of a Paymaster.-U. S. vs. Bradley, 10 Pet., p. 344. Misnomer immaterial in commission delivered to officer appointed.-Ex Parte Seymour, 2 Liv. L. Mag., p. 77. The law must establish all other than constitutional offices.-U.S. vs. Maurice, 2 Brock., p. 96. Only when authorized by law may heads of departments appoint. Id.

TENURE AND REMOVALS.-An office is held at the pleasure of the appointing power when not otherwise prescribed in the Constitution or laws of the U. S. as to tenure.-Ex Parte Hennen, 13 Pet., p. 230; and it is here also held that the power of removal is incident to that of appointment.-Id. If an incumbent has notice of his successor being appointed, and the appointing power makes the change and recognizes the appointee as the officer, no other formal act of removal or appointment is requisite.-Id., and Bowerbank vs. Morris, Wall. C. C., p. 119. An appointee receiving commission from the President takes the oath and gives the bond required, his predecessor is superseded and removed without further notice.-U.S. vs. Bank of Arkansas, Hemp., p. 460. Prior to the passage of the Tenure of Office Act the President had power to remove officers at will.-U. S. vs. Avery, 1 Pacific Law Mag., p. 241. All officers, civil or military, except judicial or those to which Congress has given other duration, are thus subject to Presidential removal.-Gratiot vs. U. S., 1 N. & H., p. 258. The

Tenure of Office Act did not apply to the removal of
one appointed by his predecessor in office at the time
of its passage, and who held over.-Johnson's Trial
(Impeachment). President cannot remove Justices of
the Peace in the District of Columbia.-Maybury vs.
Madison, 1 Cranch, p. 137.

RESIGNATION.- A public officer may resign at any
time. On receipt of his resignation at the proper office
his sureties are no further liable for acts to be per-
formed.-U. S. vs. Wright, 1 McL., po 509. Presi-
dent cannot require a continuation in o ce, but must
accept resignation.-Id.


1. He shall, from time to time, give to the Congress Messages

to, and information of the state of the Union, and recom- power of

assembling mend to their consideration such measures as he shall and

adjourning judge necessary and expedient; he may, on extraordi- Congress;

reception nary occasions, convene both Houses, or either of them, of Embas

sa dors, etc.; and in case of disagreement between them with respect


sioning to the time of adjournment, he may adjourn them officers. to such time as he shall think proper; he shall receive Embassadors and other public Ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.



1. The President, Vice President, and all civil officers Removal of

officers on of the United States, shall be removed from office on impeachimpeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.

NOTE.-A Senator or Representative in Congress is not subject to impeachment, Especially is this the case after he has been expelled.-Blount's Trial, pp. 22, 102; same case, Whart. St. Tr., pp. 260, 316. What is ground for an impeachment.-Chase's Trial; Pickering's Case, Serg. Const. L., p. 376; Peck's Trial; Johnson's (President's) Trial. Rules and regulations for the trial of impeachments.-Peck's Trial, p. 56; 2 Am. L. Rev., p. 557; Journals Cal. Senate, 1856-7.

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Supreme and inferior Courts. Term of office and compensation

of Judges.


Judicial powers.

1. Jurisdiction of Supreme Court.
2. Original and appellate.
3. Jury trials, when allowed.



1. Definition and evidence of.
2. Punishment of.


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1. The judicial power of the United States shall be vested in one Supreme Court, and in 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.


1. 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 embassadors, other public ministers and conBuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or 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.

Judicial powers,


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