285. In England the power to make treaties is vested in the king. His authority in this respect is absolute the treaties he makes not being subject to the revision and ratification of either house of Parliament. In the ancient republics, this power was usually lodged in the legislative branch of the government. At Athens and Rome, for example, the assemblies of the people made the determinations. respecting peace and war.

286. The Constitution of the United States combines the advantages of both systems. By making the President the organ of communication with foreign powers, and the agent in the negotiation of treaties, secrecy and despatch are secured, which are essential in order to profit by new and unexpected information, or new and unexpected changes in the fortune of affairs. On the other hand, by making the validity of his negotiations depend upon the consent of twothirds of the Senators present, a guard is provided against an abuse of the trust thus confided to him.

287. When a treaty has been adjusted under the direction of the President, it is laid before the Senate for ratification. They deliberate upon it in what is termed executive session, that is, in secret, with closed doors. They may wholly reject it, or ratify a part of its stipulations, rejecting others, or recommend additional articles. If alterations are made, both the

President and the foreign government must assent to them before the treaty becomes effective and binding. And even where no alterations are proposed by the Senate, and they ratify a treaty in full, the President may still withhold his assent to it. The Constitution does not determine, when treaties and acts of Congress are in conflict, which shall prevail; but judicially, it is held that a treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty.

Nominations to Office.

288. The President nominates, and, by and with the advice and consent of the Senate, appoints ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not otherwise provided for in the Constitution, and which shall be established by law; but Congress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.

289. The President possesses the power to negotiate treaties, and, with obvious propriety, appoints the ministers through whom the negotiations are carried on. He may appoint diplomatic agents of any rank, at any place, and at any time in his discretion,

and this power, it seems, cannot be limited by Congress. He is also charged with the execution of the laws, and with equal propriety appoints the officers who are to aid him in the performance of his duty. But this power of appointment cannot be exercised without the advice and consent of the Senate, except in the case of inferior officers, whose appointments Congress may, by law, vest solely in the President, or in the courts of law, or in the heads of departments.

290. Knowing, therefore, that the character and fitness of the persons whom he may select for office are to be scrutinized by the Senate, he will naturally be more cautious in making the selection. And if, from misinformation or error, he nominates unsuitable persons, the Senate can save the public from the consequences likely to follow a bad appointment, by rejecting the nomination. The constitutional agency of the Senate in appointments to office, however, is solely confined to a simple affirmation or rejection of the President's nominations; they cannot originate an appointment.

291. After the President has nominated, and the Senate confirmed his nomination, he may still withhold the appointment from the nominee. The ap

pointment is not final and complete until the President has signed the commission. It has been thought even that it was not complete until delivery of the

commission; but the Supreme Court have held otherwise.

Removals from Office.

The

292. The power of the President to appoint to office, with the advice and consent of the Senate, was early in the history of the government construed to mean that he might remove, at his pleasure, all officers appointed and commissioned by him, unless the Constitution itself had fixed their tenure of office. Constitution, for example, provides that the judges of the courts of the United States shall hold their offices during good behavior. These the President cannot remove; but most of the officers appointed by him, according to the long established doctrine and practice, whether civil or military, were removable at his pleasure. But Congress, by the act of fifth April, eighteen hundred and sixty-nine, has provided that civil officers, appointed by and with the advice and consent of the Senate, shall not be removed, unless with the like advice and consent.

Power to Fill Vacancies.

293. The President has power to fill up vacancies that may happen during the recess of the Senate, by granting commissions which expire at the end of their next session.

294. As vacancies are continually occurring in the

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public service from death, resignation, or expiration of office, the President is empowered to fill such vacancies. Were it otherwise it would be necessary, in order to provide for the appointment of officers, to keep the Senate in perpetual session, or summon them together at great expense and inconvenience whenever a vacancy should occur.

295. The appointments thus made in the recess of the Senate, expire at the end of their next session. If, when the Senate assembles, the President should, with their concurrence, appoint the same person he had appointed in the recess, this would be a new appointment, and not a continuation of the old one. So that the bond for the faithful discharge of duties under the first appointment, would not be applicable to acts done under the second.

296. If the Senate, on the other hand, should not approve the nomination of an officer who had been appointed in the recess, his commission is not thereby determined, but continues in force until the end of the session, unless sooner determined by the President. By recent legislation, Congress has declared that if no appointment, by and with the advice and consent of the Senate during its next session, be made to an office which had become vacant and been filled during the recess of the Senate, then such office shall remain in abeyance, without any salary, fees, or emoluments attached thereto, until such time as it is filled with the advice and consent of the Senate.