He is much more powerful
than any minister can be with us, and is subject to a much lighter
responsibility.
He may be impeached by the House of Representatives
before the Senate, but that impeachment only goes to the removal
from office and permanent disqualification for office. But in these
days, as we all practically understand, responsibility does not mean
the fear of any great punishment, but the necessity of accounting
from day to day for public actions. A leading statesman has but
slight dread of the axe, but is in hourly fear of his opponent's
questions. The President of the United States is subject to no such
questionings, and as he does not even require a majority in either
House for the maintenance of his authority, his responsibility sets
upon him very slightly. Seeing that Mr. Buchanan has escaped any
punishment for maladministration, no President need fear the anger
of the people.
The President is commander-in-chief of the army and of the navy. He
can grant pardons - as regards all offenses committed against the
United States. He has no power to pardon an offense committed
against the laws of any State, and as to which the culprit has been
tried before the tribunals of that State. He can make treaties; but
such treaties are not valid till they have been confirmed by two-
thirds of the Senators present in executive session. He appoints
all ambassadors and other public officers - but subject to the
confirmation of the Senate. He can convene either or both Houses of
Congress at irregular times, and under certain circumstances can
adjourn them, his executive power is, in fact, almost unlimited; and
this power is solely in his own hands, as the Constitution knows
nothing of the President's ministers. According to the Constitution
these officers are merely the heads of his bureaus. An Englishman,
however, in considering the executive power of the President, and in
making any comparison between that and the executive power of any
officer or officers attached to the Crown in England, should always
bear in mind that the President's power, and even authority, is
confined to the Federal government, and that he has none with
reference to the individual States, religion, education, the
administration of the general laws which concern every man and
woman, and the real de facto government which comes home to every
house, - these things are not in any way subject to the President of
the United States.
His legislative power is also great. He has a veto upon all acts of
Congress, This veto is by no means a dead letter, as is the veto of
the Crown with us; but it is not absolute. The President, if he
refuses his sanction to a bill sent up to him from Congress, returns
it to that House in which it originated, with his objections in
writing. If, after that, such bill shall again pass through both
the Senate and the House of Representatives, receiving in each House
the approvals of two-thirds of those present, then such bill becomes
law without the President's sanction. Unless this be done, the
President's veto stops the bill. This veto has been frequently
used, but no bill has yet been passed in opposition to it.
The third article of the Constitution treats of the judiciary of the
United States; but as I purpose to write a chapter devoted to the
law courts and lawyers of the States, I need not here describe at
length the enactments of the Constitution on this head. It is
ordained that all criminal trials, except in cases of impeachment,
shall be by jury.
There are after this certain miscellaneous articles, some of which
belong to the Constitution as it stood at first, and others of which
have been since added as amendments. A citizen of one State is to
be a citizen of every State. Criminals from one State shall not be
free from pursuit in other States. Then comes a very material
enactment: "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 claim of the party to whom such
service or labor may be due." In speaking of a person held to labor
the Constitution intends to speak of a slave, and the article
amounts to a fugitive slave law. If a slave run away out of South
Carolina and find his way into Massachusetts, Massachusetts shall
deliver him up when called upon to do so by South Carolina. The
words certainly are clear enough. But Massachusetts strongly
objects to the delivery of such men when so desired. Such men she
has delivered up, with many groanings and much inward perturbation
of spirit. But it is understood, not in Massachusetts only, but in
the free-soil States generally, that fugitive slaves shall not be
delivered up by the ordinary action of the laws. There is a feeling
strong as that which we entertain with reference to the rendition of
slaves from Canada. With such a clause in the Constitution as that,
it is hardly too much to say that no free-soil Slate will consent to
constitutional action. Were it expunged from the Constitution, no
slave State would consent to live under it. It is a point as to
which the advocates of slavery and the enemies of slavery cannot be
brought to act in union. But on this head I have already said what
little I have to say.
New States may be admitted by Congress, but the bounds of no old
State shall be altered without the consent of such State. Congress
shall have power to rule and dispose of the Territories and property
of the United States. The United States guarantee every State a
republican form of government; but the Constitution does not define
that form of government.
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