both become vacant during the recess, may perform the duties of president.

When both offices become vacant, the law requires that electors shall be chosen in the States,

New Election.

and persons elected to fill the vacancies in the same way as in the regular elections; provided notice of the vacancy can be communicated to the States two months before the first Wednesday in December. Otherwise the election is deferred until the succeeding year.

Oath of Office.

At noon on the fourth day of March, the chief justice of the supreme court of the United States administers to the president elect the oath. of office required by the Constitution: "I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect, and defend the Constitution of the United States." This ceremony is the inauguration of the president; and it is customary for him to deliver an address appropriate to the occasion.

The compensation of the president is fixed by Congress; but the Constitution requires that Salary. it shall not be increased or diminished during his term of service, and that he shall not receive within that period any other emolument from the United States, or from any of the States. During the first term of Washington's administration, the salary was fixed at twenty-five thousand dollars a year; and it remained unchanged until 1873, when it was raised to fifty thousand dollars a year. In addition to this, the executive mansion, called the White House, is furnished to the president rent free, together with its furniture, fuel, lights, care of grounds, etc.

THE VICE-PRESIDENT.

When the electors vote for president, they also vote by distinct ballots for a vice-president.

They make similar lists of the persons

Election.

voted for, and send them with the others; and the votes are counted at the same time. The person having a majority of the electoral votes is declared vice-president. If no person has such majority, the senate proceeds at once to choose a vice-president from the two persons having the highest number of votes.

Duties.

The qualifications requisite for the vice-president are the same as for the president; and he is chosen for the same term. He is not strictly connected with the executive department, having no executive functions unless in case of a vacancy in the office of president, when he assumes the duties of that position. He is more closely connected with the legislative department, being president of the senate, though he has no vote unless the senate be equally divided. The salary of the vice-president is fixed by Congress, and is now eight thousand dollars a year.

The choice of president and vice-president by electors, and not directly by the people, Nomination, would seem to preclude a previous nomi

nation. This was doubtless the intention of the framers of the Constitution, to avoid the excitement of a popular election. But in this respect the purposes of the fathers have been defeated. Each of the political parties of the country has a national, as well as a State, committee. In the summer preceding the choice of electors, these committees issue calls for national conventions composed of delegates from the States. These

delegates are chosen at State conventions, which consist of delegates chosen in town and ward caucuses. At the national conventions, candidates are nominated for the office of president and vice-president; and their friends come before the people with their claims, just as if the people were to vote directly for them. At subsequent State conventions, persons are nominated for electors, pledged to vote for the party candidates. For these persons the people vote, with the understanding that by so doing they are expressing their choice for president. All that the electors have to do is to record their votes for the persons previously agreed upon. The electoral voting is therefore only a form. If the candidate should die between the time of the choice of electors, and the day for them to vote, the responsibility of choice would fall more directly upon them.

Supreme Court.

JUDICIAL DEPARTMENT.

The Constitution vests judicial power in one supreme court, and such inferior courts as Congress shall from time to time establish. The Supreme Court of the United States consists of one chief justice and eight associate justices. It holds an annual term in Washington, beginning on the first Monday in December.

The United States has been divided by Congress into nine judicial circuits, in each of which is Circuit Courts. a justice. Each justice of the supreme

court holds a circuit court with the assistance of the circuit justice.

These circuits are divided into districts, in each of which is a judge, a clerk, a marshal, and an attorney. Some of the larger States are

District Courts.

divided into two or three districts; each of the others forms one district. The duties of the marshal are similar to those of the sheriff in the State courts.

Court of Claims.

Besides the courts of justice that have been described, there is a Court of Claims, consisting of five justices. The business of this court is, to examine all claims against the government for the payment of money about which there is dispute, and to make such awards as the court deems just. As a sovereign state cannot be sued in an ordinary court, justice requires that some such provision should be made for the benefit of the public creditors.

Appointment and Salary of Judges.

All the judges are appointed by the president, with the advice and consent of the senate. They hold their office during good behavior, and may be removed by impeachment and subsequent conviction. Their compensation is fixed by law; but the Constitution provides that it shall not be diminished during their continuance in office. The marshals and district attorneys are also appointed by the president.

22*

tien.

CHAPTER XXIX.

THE POWERS OF CONGRESS.

1. RESPECTING FINANCE.

THE superiority of the constitutional government Power of Taxa- over the confederation is nowhere more apparent than in the extensive powers given to Congress for raising money. The grant is as follows: "Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States." The four words used are intended to cover all forms of taxation. A tax is "a contribution imposed by government on individuals for the service of the state." Duties, in a restricted sense, are taxes upon articles imported or exported. Imposts are the same as duties. Excises are taxes upon articles manufactured or produced for home consumption. The Constitution divides taxes into two classes, direct and indirect, and prescribes different modes of apportionment. Direct taxes include poll-taxes, that is, taxes upon the person of the contributors, and taxes on land, houses, and other real estate. These must be apportioned as representatives are; that is, according to the population of the several States. This provision was a compromise between the

Direct Taxes.