impossible without the power of removing an officer whose coöperation was necessary to their execution. An immediate removal might become necessary; and the public interest might suffer from the delay in convening the senate. After a full discussion of the question, it was decided in the affirmative. This construction is now settled in practice, although its correctness is not universally admitted.

§ 15. The powers and duties mentioned in the next section, are all properly devolved upon the president. (Art. 2, sec. 3.) Congress ought to have the benefit of the informa tion in his possession of the state of the union; and his recommendation of measures fixes upon him a responsibility for the policy of his administration, while it takes away from congress all ground of excuse for neglecting the consideration of necessary measures. The power to convene congress in sudden emergencies, and the power to adjourn congress in case of disagreement between the two houses, are necessary and convenient powers, and are with propriety given to the executive. The receiving of embassadors and other public ministers, is wisely made a duty. The refusal to receive a foreign minister is often regarded by his nation as highly disrespectful and offensive, and has a tendency to provoke war.

§ 16. By the next section, the president, vice-president, and all other civil officers of the United States, may be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors. A definition of impeachment, its objects, and a description of a trial of this kind, have been given. (Chap. XVII.) The propriety of such a precautionary provision to secure a faithful discharge of public duties, can scarcely be doubted. Its efficacy, however, as a preventive of official delinquency, is far less, probably, than its authors supposed. The influence of party prejudice upon the minds of men, is such as would, in a majority of cases, protect a man against conviction for official misconduct by a court of impeachment, of whose members more than one-third were of the same political faith as the offender. So slight, indeed, is the probability of conviction, that impeachment for the most pal-. pable political offenses is seldom attempted.

CHAPTER XLI.

AUXILIARY EXECUTIVE DEPARTMENTS.-DEPARTMENTS OF STATE, OF THE TREASURY, OF THE INTERIOR, OF war, of THE NAVY, AND OF THE POST-OFFICE; ATTORNEY-GENERAL.

§ 1. THE general executive business of the nation, excepting what is done by the president in person, is performed in the several executive departments, of which the following are the head officers: the secretary of state, the secretary of the treasury, the secretary of the interior, the secretary of war, the secretary of the navy, the attorney-general, and postmaster-general. These officers are consulted by the president on important public matters; and hence they are called "the cabinet." They are appointed by the president and senate.

§ 2. The secretary of state performs many duties similar to those of a secretary of a state government. (Chap. XVI.) Besides these, he transacts much of the business with the governments of foreign countries. Instructions from the president to our public ministers abroad, are communicated by the secretary of state; and he also conducts the correspondence, and transacts the business to be done, with the ministers of foreign countries residing here. Hence he is sometimes called the diplomatic agent. Diplomacy signifies the forms of negotiation, or the customs and rules which govern the intercourse of nations through their respective ministers or agents. The secretary has a number of clerks.

§3. The secretary of the treasury conducts the financial affairs of the government. His duties are nearly the same as those of the controller or auditor of a state. (Chap. XVI.) There are, in this department, two controllers and five auditors to examine and settle the public accounts, and collect the debts due the United States; a treasurer to keep and pay out the money; a register, who keeps accounts of the goods imported and exported, and of the shipping employed in our foreign trade; a solicitor; a recorder; and à large number of clerks.

4. The secretary of the interior exercises all acts of supervision and appeal in regard to the office of the commissioner of patents, and the general land office; in relation to the acts of the commissioner of Indian affairs, the commissioner of pensions, and the commissioner of the public buildings : and he has supervision also over the lead and other mines of the United States; and he signs all requisitions for the payment of money out of the treasury on accounts relating to the several departments of his business.

§ 5. The department of the interior, called also the home department, was established in 1849. The business of this department was formerly transacted in the other departments. The patent office was connected with the department of state; the land office with the treasury department; and the business relating to our Indian affairs belonged to the department of war.

6. On the war department formerly devolved also the business relating to military pensions. A pension is a yearly allowance to a person by the government for past services. In this country pensions are granted for services in war. Laws were early enacted by congress granting pensions to persons disabled in the war of the revolution so as to be unable to support themselves by manual labor. To the pension list were afterward added those who were disabled in the war of 1812. By later laws, the pension list has been extended to all who had served for six months at least in the army or navy during the war of the revolution, and to their widows during their lives. The usual allowance to pensioners is eight dollars a month. Those who were officers receive a greater compensation. Since the late war with Mexico, another class of pensioners has been added to the pension list.

7. The business of the secretary of war relates to the military affairs of the United States. The nation supports what is called a standing army, which consists, at present, of about 10,000 armed men, stationed in different parts of the United States, and ready for service when wanted. The secretary is assisted by a number of subordinate officers and clerks.

§ 8. The secretary of the navy superintends the business relating to the navy. A navy is the fleet, or ships of war, which a nation keeps to defend itself in time of war, and to

protect the trade of its citizens on the high seas in time of peace. There are also employed in this department three navy-commissioners, and a number of clerks.

§ 9. The attorney-general prosecutes and conducts all suits in the supreme court in which the United States are concerned, and gives his advice upon questions of law, when requested by the president or heads of departments.

§ 10. The postmaster-general establishes post-offices, appoints postmasters, and provides for carrying the mails. The business of this department is very extensive. There is a postmaster in almost every town in the union; in some towns there are several; and the business of this vast number of officers, is under the general supervision of the department, and subject to its direction.

§ 11. Every postmaster is required to keep an account of all the letters sent from and received at his office, and the name of the office to which each letter is sent, and of that from which it is received; also an account of all letters on which the postage is paid, and the amount paid on each, and of those which go free of postage. He is also required, at stated periods, to make out a list of all the letters remaining in his office, and to advertise the same. He sends quarterly to the general post-office an account of all letters sent and received, and of all moneys received for postage and paid out on the orders of the department. He sends also all letters which have been duly advertised and remain in the office, (called dead letters,) to the general post-office, where they are opened; and such of them as contain money or other valuable matter, are returned by mail to the writers of them. Letters also that have been refused at his office, are sent to the general post-office.

§ 12. Postmasters whose commission on postages has amounted to more than $200 during the preceding year, may receive and send, free of postage, letters on their own private business, and weighing not exceeding half an ounce; and members of congress, during their term of office, and until the first of December after its expiration, may send and receive letters and packages not exceeding two ounces, and all public documents, free. The person entitled to send matter free, must write on the outside his name and the title of his office. This is called franking. Civil officers at the

seat of government also may frank matter relating to the business of their offices, by marking it outside, "official business."

CHAPTER XLII.

JUDICIAL DEPARTMENT.

§ 1. THE want of a national judiciary was a material defect of the confederation. Dependence upon the state courts for the means of enforcing the laws of the union, subjected the government to great inconvenience and embarrassment. A government that has a legislature and an executive, ought also to have a judiciary to judge of and interpret the laws. By the constitution, "the judicial power of the United States is vested in one supreme court, and in such inferior courts as the congress may ordain and establish." (Art. 3, sec. 1.) And effect was given to this provision by the judiciary act of 1789, under which the several courts were organized.

§ 2. "The judges of both the supreme and inferior courts hold their offices during good behavior." One of the best securities for a correct and impartial administration of justice, is the independence of the judges. To insure this independence, the tenure of the office was made permanent. Judges have now nothing to fear from a firm discharge of their duties. If they were liable to be displaced at short intervals, they would feel too much their dependence upon the appointing power. They are often called to judge of the validity or constitutionality of laws upon which the political parties of the country are divided; and it was deemed wise to take away from them every inducement to conform their decisions to the wishes of the appointing power, which generally represents the political opinions of the ruling party. The independence of the judges is further procured by the provision that their "compensation shall not be diminished during their continuance in office."

§ 3. The first two clauses of the next section declare the jurisdiction of the judicial power. It is proper that all cases arising between citizens of the same state, as well as all