of government, and to recommend for consideration such measures as they shall deem expedient. This is a highly appropriate and beneficial provision. The executive is placed on an eminence whence he has opportunities of observing the errors and deficiencies in legislation, which are not possessed by the members of the legislature. The first two presidents, after the manner of the English king, met Congress in person, and delivered a speech orally, to which the two houses subsequently responded. But now the custom, both of the federal and State executives, is to send a written message, exhibiting the operations of the government during the past year, and communicating facts and suggestions to aid in legislation. The only remaining provisions under this head, are those which authorize the president and governor to convene the respective legislatures on extraordinary occasions; and, in case of disagreement between the two houses respecting the time of adjournment, to adjourn them.

Power as to Foreign Relations. In addition to the agency of the president in making treaties, and appointing and instructing our foreign ministers, it is his duty "to receive ambassadors and other public ministers" from foreign nations. No representative from a foreign power can act in that capacity here until his credentials have been examined, and he has been "received," or accredited by the president. And this function sometimes becomes one of exceeding delicacy and responsibility; for the refusal to receive a foreign minister is often deemed a justifiable cause of In cases, also, where, by civil commotion, a nation is divided into factions, each claiming the sovereign power, the reception of an ambassador from one would indirectly amount to a decision against the other. But, however important the consequences of a reception or refusal, the question is left solely to the discretion of the president. In fact, with the single exception of the check which the senate hold with respect to treaties, our foreign relations are under the exclusive control of the president.

Power of General Supervision. It is a duty enjoined upon the federal and State executives, "to see that the laws be faithfully executed." It would be dangerous, however, to treat this clause as conferring any specific power which they would not otherwise possess. It is rather to be regarded as a comprehensive description of the duty of the executive to watch with vigilance over all the public interests.

§ 42. Subordinate Federal Officers. In order to complete our view of the executive department, it remains that we take a brief notice of the subordinate executive officers, first of the federal, and then of the State government. To aid the federal executive in the discharge of his various and responsible duties, Congress has created six principal departments; namely, the State, treasury, war, navy, interior, and post-office departments. The heads of the first five are styled secretaries; and the last postmaster-general. By custom, these six officers, together with the attorney-general,

constitute the president's cabinet. (a) They are appointed by the president, with the consent of the senate, and are removable at pleasure. With some few exceptions, each has the appointment of all the numerous subordinate officers, clerks, and other agents, employed in his department. But the scheme is too extensive and complicated to admit of a minute description. I can barely refer to the general duties intrusted to each of the departments.

State Department. This was created in 1789. The chief duties of the secretary of state are as follows: 1. To keep the custody of the originals of all treaties, laws, and other public documents; and furnish authentic copies thereof, when duly required. 2. To superintend the publication and distribution of the laws; to procure copies of all State laws; and to prepare and publish biennially a register of the names, residence, and compensation of all the civil, military, and naval officers of every degree; and of the names and condition of all public vessels. 3. To keep the great seal of the United States, and affix it, with his signature, to all commissions or other documents requiring it. 4. To superintend the patent office; which is attached to this department, and will be referred to hereafter. (b) 5. To conduct the foreign relations of the government. These relations are either political or commercial. Political relations with foreign nations are conducted through the agency of ambassadors or other public ministers; and commercial relations are conducted through the agency of consuls, who are stationed in all the principal ports and cities of the world. These foreign officers are all appointed by the president with the consent of the senate; but receive their instructions through the secretary of state, with whom they hold their correspondence. They are all recognized by the law of nations, and enjoy peculiar privileges and immunities wherever civilization extends. In like manner, the agents of foreign governments stationed here, conduct their intercourse through the secretary of state. So that, in a word, the whole diplomacy of the country is conducted by him, under the direction of the president.

Treasury Department. (c) This was also created in 1789. Its general duty is to manage the fiscal operations of the government. The secretary has cognizance of all matters connected with the national revenue; he has the general supervision of the customhouses and their officers; and the general land-office, as we have already seen, is a branch of his department. (d) We shall see hereafter, that no money can be drawn from the treasury until Congress has made an appropriation for that purpose.

(a) Each of the cabinet under the act of March 3, 1873, receives $10,000 per

annum.

(b) This duty was devolved on the department of the interior by the act of March 3, 1849.

(e) It was proposed in the convention that Congress should elect a treasurer by joint ballot, but this was negatived by a vote of 8 to 3. Mad. Pap. 1574, 1575.

(d) This office was transferred to the department of the interior, by the act establishing that department, of March 3, 1849.

security against the waste or improper use of the public money would be still imperfect, were it not for the admirable organization of this department; which is so framed as to establish the strictest accountability, and make the different officers act as checks upon each other. I have room barely to indicate its character. 1. There are auditors, whose business it is to examine all accounts with the treasury, and certify the balances; and for this purpose, certain classes of accounts are assigned to each auditor. 2. There are comptrollers, whose duty it is to revise the accounts certified by the different auditors, make a record of the balances, and certify them to the register. 3. It is the duty of the register to preserve these accounts thus certified to him; and also to keep an accurate account of all the receipts and expenditures of the government. 4. It is the duty of the treasurer to receive and keep the public money, until duly ordered to disburse it; which can only be upon warrants drawn by the secretary, countersigned by the proper comptroller and auditor, and recorded by the register. 5. By the act of 1830, the office of solicitor of the treasury was created, whose duty it is to superintend the litigation connected with this department. It would seem as if, under this arrangement, it would be impossible for embezzlement or peculation to extend far without detection. It is worthy of remark, that the secretary of the treasury is the only one of the heads of department who reports his proceedings directly to Congress; and to him they look for suggestions and estimates on which to base their appropriations.

War Department. This department was also created in 1789. The secretary has the general superintendence of military affairs. But as in this country the concerns of the army would not be sufficient of themselves to occupy a department, our Indian relations are made a branch of this department. (a)

Navy Department. This was not made a distinct department until 1798. It is much less extensive in its operations than either of the preceding. The secretary has the general superintendence of naval affairs, but no extra duties.

Interior Department. This was created in 1849. The title of the act speaks of it as the Home Department. The principal matters committed to its charge are patents, public lands, Indian affairs, pensions, the census, mineral lands, public buildings, and some matters connected with the District of Columbia.

Post-office Department. This department, though coeval with the government, derived its present organization chiefly from the act of 1810. Its patronage and influence are far more extensive than those of either of the other departments; as will be obvious from reflecting upon the immense number of postmasters and mail-contractors required in a country like ours. And there is no

(a) The management of Indian affairs was transferred to the department of the interior. by the act of March 3, 1849.

department of the government whose instrumentality in promoting the general happiness, is more directly felt.

§ 43. Subordinate State Officers. It now only remains that I describe the subordinate executive officers of this State. These may be divided into three classes; namely, State officers, county officers, and township officers. Of these in their order; and first, State officers. These are a secretary, treasurer, auditor, and attorney-general. These officers are all elected by the people for two years, except the auditor, whose term is four years. The secretary is keeper of the great seal of the State, and sealer of weights and measures. He has the custody of the public archives, and is the recording officer of the governor. He superintends the publication and distribution of the laws; and countersigns, seals, and registers all commissions and other documents requiring the great seal. The auditor and treasurer perform the duties suggested by their titles. The auditor examines and adjusts all accounts with the State, and issues orders for the amount upon the treasurer, who can pay out no money without such order. Each keeps a record of all orders issued and presented, and the originals, when paid, are filed as vouchers. It is further the duty of the State auditor to furnish the county auditors with all necessary forms and instructions relating to the revenue. (a)

County Officers. These are, three commissioners, and auditor, treasurer, assessor, recorder, surveyor, sheriff, coroner, and prosecuting attorney; all elected by the people of each county. The county commissioners hold their offices for three years; but one is elected each year. They may be regarded as the county legislators or managers. They have the care of the county property; of idiots and lunatics; of roads; and of paupers. They establish and alter townships and roads, and fix the amount of county taxes. But an appeal always lies from them to the court of common pleas. The auditor and treasurer are elected biennially; and their duties are so similar to those of the State auditor and treasurer, as to require no description. (b) The assessor is also elected biennially. (c) His duty is to assess the value of all taxable property, and report to the auditor: but an appeal lies from him to a board of equalization, composed of the commissioners, auditor, and assessor. The recorder is elected biennially; and his duty is to record all instruments for the conveyance or incumbrance of real property within the county; and make authenticated copies thereof when required. The surveyor is elected triennially, and his duty is to make and record surveys when required, and take testimonies in cases of disputed boundaries. The sheriff is elected

(a) See act to establish the independent treasury of the State of Ohio, passed April 12, 1858, regulating the offices of State treasurer, auditor, and creating that of comptroller of the treasury.

(b) The duties of county auditor are prescribed in the act of April 4, 1859. (c) The assessor is now elected annually, except district assessors, who only assess real estate, and are elected every ten years. Act of May 8, 1868, 65 Ohio Laws, 166.

biennially, but cannot hold the office more than four years out of six. His duties are exceedingly various. He is the executive officer of the courts; a conservator of the peace; and keeper of the jail. He also has to notify all county elections, and make returns thereof. The coroner is elected biennially. During a vacancy in the office of sheriff, or when the sheriff is interested, the coroner performs his duties; but his peculiar province is to hold inquests over dead bodies, when there is reason to suspect violence, and procure the verdict of a jury upon the cause of the death.

Township Officers. These are, three trustees, a clerk, treasurer, two overseers of the poor, and such number of constables as the trustees may direct. (a) These officers are all elected annually by the people of each township. Township trustees have nearly the same relation to the townships, that commissioners have to the counties; that is, they have the general supervision of township affairs. The general duties of the other officers are sufficiently indicated by their official designations.

It may be remarked in general, of all the officers before enumerated, that their fidelity is secured in three ways. First, by the official oath before described. Secondly, by an official bond, when there is any pecuniary responsibility. Thirdly, by a variety of penalties for misbehavior. There is also a general provision that they shall hold their offices until their successors are appointed. This provision saves much difficulty in case of a failure to elect on the proper day. I have been able barely to allude to their various duties. But enough has been said to indicate the general character of our municipal organization; and this is all I had in view.

LECTURE VIII.

JUDICIAL DEPARTMENT. (b)

§ 44. Nature of this Department. We have now reached that portion of our inquiries, which is of most immediate interest to the

(a) The election of township assessors, and their duties, are prescribed in the act of April 4, 1859.

(b) The history of the proceedings of the convention respecting this department, is briefly as follows: It was resolved, without debate, that a national judiciary be established, to consist of one supreme tribunal, and of inferior tribunals. Mad. Pap. 791. A tenure during good behavior, and a fixed compensation, not to be increased nor diminished, were also agreed to without debate-id. 794. The subject of inferior tribunals was left to Congress, 8 to 2-id. 800. The appointment of judges by the senate was agreed to unanimously-id. 855. A proposition that the executive should appoint, was negatived, 2 to 6-id. 1134. A proposition that the executive should appoint with consent of the senate, was lost by a tie vote-id. 1135. The declaration that the compensation should not be increased was stricken out, 6 to 2id. 1136. It was at first proposed that the jurisdiction should extend to cases of