Year: 1861

America, 10 hold his Office during the
term Of four years; and then proceeds
to prescribe the mode of election and
to specify in precise and plain words
the powers delegated to him aud the
duties imposed upon him. And the
short term for which he is elected, and
the narrow limits to which be is elee-
ted, and the narrow limits to which his
power is confined, show the jealousy
and apprehensioas of future danger
which the trainers of the Constitution
felt in relation to that department of
the Government, and how carefully
they Withheld from itmany of.he pow.
eis belonging to the Executive branch
Of the English Government, which
were considered as dangerous to the
liberty of the subject, and conferred
(and that in clear and specific terms)
those powers only which were deemed
essential to secure the successful oper.
alton of the Government. l "a


de is elected, as have already said,
for the brief term Of four years, and Is
made personally responsible by i'm.
peachment, for malfeasance in office.
he is from necessity aud the nature of
his duties the Commander.in. Chief OF
the Army and Navy, and of the mill.
tia, when called into actual service
But no appropriation for the Support
OF the Army can be made by Con.
gress for longer term than two years,
SO that it is in the power OF the sac
ceeding House Of Representatives to
Withhold the appropriation for its sup.
port, and thus disband it, if in their
Judgment the President used, or de-
signed to use, it for Improper purposes.
And although the militia, when in
in actual service, are under his com.
mand, yet the appointment of the of.
GERS is reserved for the States, as q
security against the use of the military
power for the purposes dangerous to
the liberties Of the people or the rights
Of the States.


So, too, his power in relation to the
civil duties, and authority necessarily
conferred on him are carefully restric-
ted as well as those belonging to his
military character. He can net ap.
point the ordinary officers of Govern.
ment, nor make treaty with for.
eign nation, or Indian tribe, without
the advice and consent of the Senate,
and can not appoint even inferior Off
GERS, unless he is authorized by sn act
OF Congress to do 80. He is not em-
powered to arrest any one charged
With an offense against the United
States, and whom he may, from the
evidence before him, believed to be
guilty, FOR can he authorize any officer,
civil or military,to exercise this power
for. the 9TH article of the amendments
to the Constitution expressly provides
that no person "shall be deprived of
life, liberty or property without due
process OF law"--that is judicial pro.
cess. .r-,


And even if tile privilege Of the
writ of habeas corpus was suspended
by act of Congress, and a party not
subject to the rnles and articles Of war
was afterward arrested and imprisoned
by regular judicial process, he could
not be detained in prison or brought
to trial before military tribunal, for
the article in the amendments to tie
Constitution Immediately following
the one above referred to-tllat is, the
sixth article provides that "in all
criminal prosecutions the accused
shall enjoy the right to speedy and
public trial by an impartial jury of the
State and district wherein the crime
shall have been committed, which dis.
trict shall have been previously ascer-
tained by law, and to be informed of
the nature and cause of the accusation;
to be confronted with the witnesses
against him; to have compulsory pro-
cess for obtaining witnesses in bis
favor, and to have the assistance Of
counsel for his Defense" bs


And the only power, therefore,


which the President possesses, where


the "life, liberty or property Of a
private citizen is concerned, is the


power and duty prescribed in the


third section of the second article,


which requires "that he shall take


care that the laws be faithfully execu-


ted" He is not authorized to execute


them bimself, or through agents or


officers, civil or military, appointed


by himself, but he is to take care that


they be faithfully carried into execu.


ton, as they are expounded and adj
judged by the coordinate branch Of


the Government, to which that duty ia


assigned by the Constitution. Il IL


thus made his duty to come in aid oil


the judicial authority if it shall be re-


sisted by d force to strong to be over


come without the assistance of the


Executive arm. But in exercising
Il thia n,,vvnr ha acta in auhordinat,oy, ~