His executive power is almost unbounded. He is much more powerful than any minister can be with us, and is subject to a much lighter responsibility. He may be impeached by the House of Representatives before the Senate, but that impeachment only goes to the removal from office and permanent disqualification for office. But in these days, as we all practically understand, responsibility does not mean the fear of any great punishment, but the necessity of accounting from day to day for public actions. A leading statesman has but slight dread of the axe, but is in hourly fear of his opponent's questions. The President of the United States is subject to no such questionings, and as he does not even require a majority in either House for the maintenance of his authority, his responsibility sets upon him very slightly. Seeing that Mr. Buchanan has escaped any punishment for maladministration, no President need fear the anger of the people.
The President is commander-in-chief of the army and of the navy. He can grant pardons--as regards all offenses committed against the United States. He has no power to pardon an offense committed against the laws of any State, and as to which the culprit has been tried before the tribunals of that State. He can make treaties; but such treaties are not valid till they have been confirmed by two-thirds of the Senators present in executive session. He appoints all ambassadors and other public officers--but subject to the confirmation of the Senate. He can convene either or both Houses of Congress at irregular times, and under certain circumstances can adjourn them, his executive power is, in fact, almost unlimited; and this power is solely in his own hands, as the Constitution knows nothing of the President's ministers. According to the Constitution these officers are merely the heads of his bureaus. An Englishman, however, in considering the executive power of the President, and in making any comparison between that and the executive power of any officer or officers attached to the Crown in England, should always bear in mind that the President's power, and even authority, is confined to the Federal government, and that he has none with reference to the individual States, religion, education, the administration of the general laws which concern every man and woman, and the real de facto government which comes home to every house,--these things are not in any way subject to the President of the United States.
His legislative power is also great. He has a veto upon all acts of Congress, This veto is by no means a dead letter, as is the veto of the Crown with us; but it is not absolute. The President, if he refuses his sanction to a bill sent up to him from Congress, returns it to that House in which it originated, with his objections in writing. If, after that, such bill shall again pass through both the Senate and the House of Representatives, receiving in each House the approvals of two-thirds of those present, then such bill becomes law without the President's sanction. Unless this be done, the President's veto stops the bill. This veto has been frequently used, but no bill has yet been passed in opposition to it.
The third article of the Constitution treats of the judiciary of the United States; but as I purpose to write a chapter devoted to the law courts and lawyers of the States, I need not here describe at length the enactments of the Constitution on this head. It is ordained that all criminal trials, except in cases of impeachment, shall be by jury.
There are after this certain miscellaneous articles, some of which belong to the Constitution as it stood at first, and others of which have been since added as amendments. A citizen of one State is to be a citizen of every State. Criminals from one State shall not be free from pursuit in other States. Then comes a very material enactment: "No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due." In speaking of a person held to labor the Constitution intends to speak of a slave, and the article amounts to a fugitive slave law. If a slave run away out of South Carolina and find his way into Massachusetts, Massachusetts shall deliver him up when called upon to do so by South Carolina. The words certainly are clear enough. But Massachusetts strongly objects to the delivery of such men when so desired. Such men she has delivered up, with many groanings and much inward perturbation of spirit. But it is understood, not in Massachusetts only, but in the free-soil States generally, that fugitive slaves shall not be delivered up by the ordinary action of the laws. There is a feeling strong as that which we entertain with reference to the rendition of slaves from Canada. With such a clause in the Constitution as that, it is hardly too much to say that no free-soil Slate will consent to constitutional action. Were it expunged from the Constitution, no slave State would consent to live under it. It is a point as to which the advocates of slavery and the enemies of slavery cannot be brought to act in union. But on this head I have already said what little I have to say.
