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BOOK II.

PRACTICAL OPERATION OF THE NATIONAL AND STATE

GOVERNMENTS.

CHAPTER I.

PRACTICAL OPERATION OF THE NATIONAL CONSTITUTION.

§ 537. WHEN the Constitution had been ratified by the requisite number of states, it had acquired its legal force, but was inert till properly put into operation. The people had made it an instrument of great and beneficent powers, but their action under it was necessary to give it life. The mode of doing this had been provided by the convention. They had "resolved that, as soon as the conventions of nine states should have ratified the Constitution, Congress should fix a day on which electors should be appointed by the states which should have ratified the same, and a day on which electors should assemble to vote for President, and the time and place of commencing proceedings under the Constitution. That, after such publication, the electors should be appointed, and the senators and representatives elected," and such other regulations as were necessary, &c.; and that, "after the President was elected, he and Congress should without delay, proceed to execute the Constitution." 1

14 Elliott's Debates, 249.

§ 538. Accordingly Congress, after the ratification of a sufficient number of states in July, 1788, 1Ordered, that the several ratifications of the Constitution of the United States be referred to a committee, to examine and report an act for putting said Constitution into operation. A committee was appointed, and the following resolution passed, "Resolved, that the first Wednesday in January next be the day for appointing the electors in the several states which, before said day, shall have ratified the Constitution; that the first day in February next be the day for the electors to assemble in their respective states, and vote for a President; and that the first Wednesday in March next be the time, and the present seat of Congress the place for commencing proceedings under said Constitution."

§ 539. In pursuance of this resolution, the elections in the several states were held, at the time appointed, and on Wednesday, the 4th of March, 1789, the Constitution went into practical operation. On the 30th April, George Washington, unanimously elected, was inaugurated President of the United States. Subsequently to this, North Carolina and Rhode Island, which had not then ratified, joined the Union. Soon after, a number of amendments, the effect of which we have heretofore considered, were recommended to the states by two-thirds of Congress, and adopted.

§ 540. Thus the operation of the Federal Government was begun. The arrangement of the Judiciary, the rules of proceedings, the organization of the departments, and the appointment of officers, were within the power of Congress and the Executive, and formed the earliest objects of their consideration.

§ 541. In practice, as well as theory, the government is divided into three great departments, having distinct duties to perform,-the Executive, the Legislative, and 1 Elliott's Debates, 221.

2 Idem. 222.

the Judicial; in this order, we shall consider the practical operation of the government.

1. OF THE EXECUTIVE.

§ 542. By Art. 2d, Sect. 1st, of the Constitution, the executive power is vested in the President. By Sect. 2d, he is commander-in-chief of the army, of the navy, and of the militia when called into actual service. He may require the opinion in writing of the principal officers of the executive departments, upon any subject relating to the duties of their offices, and has power to grant reprieves, pardons, &c. &c. He has the appointment, in conjunction with the Senate, of ambassadors, other public ministers, consuls, judges of the Supreme Court, and all other officers of the United States, except those inferior officers whose appointment the Congress may vest in the heads of departments, courts, &c. ceives ambassadors and other public officers, takes care that the laws are faithfully executed, and commissions officers.

He re

§ 543. These are all the general duties annexed by the Constitution to the office of President. We have already seen that they could not be performed, till Congress had first erected the offices which were to be filled, and enacted the laws which were to be executed. We shall now see how this was done.

§ 544. The constitutional duties above enumerated comprehend all the executive duties of the government; for the President is the only executive officer known to the Constitution, and the only one responsible to the people. The duties, however, are obviously too numerous and various for one man; hence, the Constitution contemplated the appointment of inferior officers, and the division of labor among subordinates. For this purpose Congress has, at different times, created the Departments of State, Treasury, War, Navy, Post-office, and Mint. The duties of each of these departments

have been prescribed, and may be considered separately.

1. OF THE DEPARTMENT OF STATE.

§ 545. This department was created by the act of the 15th September, 1789. The presiding officer is called Secretary of State, and, like other officers, is commissioned, with the advice and consent of the Senate. His duty is to conduct the foreign affairs of the United States, whether by correspondence, commissions, instructions, or memorials, with foreign powers or public ministers. He keeps the seal of the United States and affixes it to all civil commissions, provided they have the signature of the President. is intrusted with the publication and distribution of all acts and resolutions of Congress, and all Treaties with Foreign nations and Indian Tribes.1 He preserves the original of all treaties, public documents, laws, and correspondence with foreign powers: he preserves copies of the several statutes of the states, grants passports to citizens, and controls the Patent Office.

He

§ 546. These duties may be divided into classes. 1. Those which concern foreign intercourse; 2. Those which concern the preservation and distribution of the laws; 3. Which regard the authenticity of commissions; 4. Those which concern copyrights and patents.

1. Of Foreign Intercourse It is necessary that nations should hold intercourse together, for the purpose of regulating trade, avoiding injuries, and terminating differences. It is equally obvious, that they cannot treat together immediately, as two individuals; they must, therefore, hold their conferences by means of delegates, that is, by public ministers.2

§ 547. A public minister properly signifies any one charged with public affairs, but is here understood as one who is charged with the care of public affairs 1 Act of April 20th, 1818.

2 Vattel's Law of Nations, book IV. chap. V. sect. 55, 56.

at a foreign court. Of these there are now several orders.

§ 548. The highest order is one which properly represents the government, or sovereignty, and is entitled to act for it upon all occasions. A person of this rank is called an Ambassador.1

§ 549. The next rank is that of Envoy. This term signifies one who is sent, and means a minister sent for a particular purpose, as to adjust a special commercial treaty, or arrange disputed boundaries. There are envoys ordinary and extraordinary: of the same rank also are ministers plenipotentiary, who are sent with powers to make a particular treaty; thus, Messrs. Adams, Clay, &c. were Ministers Plenipotentiary to form the Treaty of Peace at Ghent.

§ 550. The third order is that of Ministers Resident, or Charge d'Affaires, which means one who is charged with the ordinary affairs of the nation at a foreign

court.

§ 551. These are all the orders of public ministers, as commonly understood, resident at foreign courts. There are, however, several other classes of public officers, through whom intercourse is held with foreign nations.

$552. To each foreign embassy is attached a Secretary of Legation: this officer performs the duties of a secretary, or clerk to the mission, and is frequently left in charge of affairs when a minister is recalled.

§ 553. Consuls are commercial agents, appointed to reside in the sea-ports of foreign countries, with a commission to watch over the commercial rights and privileges of the nation deputing them.2

Their duties are limited and defined in treaties of commerce, and by the statute regulations of the country they represent. No nation is bound to receive a con

1 Vattel's Laws of Nations, chap. VI. sect. 71, 72,

91 Kent's Comm. 40.

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