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UNION-Continued.

Congress may provide for calling forth the militia to execute
the laws of the.........

The President, from time to time, to give Congress informa-
tion concerning the state of the....

Congress to guarantee to every State in this, a republican form
of government, etc......

VACANCIES-

in the representation from any State, to be filled by election,
for which writs are to be used by the executive authority
thereof.......

in the seats of Senators, during the recess of the legislature of
any State, to be filled, temporarily, by the executive there-
of........

in the presidency of the Senate (or vice-presidency of the U. S.)
to be filled by a President pro tempore......

in the presidency of the U. S., to be filled by the Vice-Presi-

dent

The same. (12th Amendment.)

in the Presidency, in case of the removal, death, resignation,
or inability, both of the President and Vice-President, to
be filled by such officer as Congress may, by law, have
declared shall act as President, until the disability be
removed, or a President shall be elected.........
(Note 10.) The President, or Vice-President, elect, may sig-
nify his refusal to accept, or subsequently may resign, by
an instrument in writing delivered into the office of the
secretary of state....

The President may fill all, happening during the recess of the
Senate, by granting commissions which shall expire at the
end of its next session..............

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VESSELS--

bound to or from one State, not to be obliged to enter, clear,
or pay duties, in another........

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VETO-

Two-thirds of each house requisite to pass a bill over the Pres-

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VICE-PRESIDENT-

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to be President of the Senate, but with no vote, unless there
be a tie......

In the absence of the, or when he shall exercise the office of
President of the U. S., the Senate to choose a President
pro tempore..........................

to hold his office during the term of four years.........

(Note 10.) May signify his refusal to accept, or his resigna-
tion, by an instrument of writing delivered into the office
of the secretary of state.

how elected by the electors, or chosen by the Senate. (See
Votes.)

to fill the office of President, in case of the latter's removal
therefrom, or of his death, resignation, or inability...
to be removed from office, on impeachment for, and conviction
of, treason, bribery, or other high crimes and misde-

meanors...

Qualifications of, with respect to citizenship, age, and length
of residence, to be the same as those of the President.
(12th Amendment.)...............

VOLUNTEERS--

(Note 6.) The appointment of officers of, when and how exer-
cised by the President.

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The Vice-President, as President of the Senate, to have no
vote, unless there be a tie......

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VOTES-Continued.
The concurrence of two-thirds of the Senators present neces-
sary to convict in cases of impeachment..

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The concurrence of two-thirds of either house necessary to
expel a member........

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The yeas and nays of the members of either house on any
question, at the desire of one-fifth of those present, to be
entered on the journal.........

The agreement of two-thirds of each house necessary to pass
a bill over the President's veto

But in all such cases, the votes of both houses to be deter-
mined by yeas and nays, and the names of the persons
voting for and against the bill to be entered on the journal
of each house respectively.

The agreement of two-thirds of each house necessary to pass
a concurrent order, resolution, or vote, over the Presi-
dent's veto.....

The concurrent vote of both houses to adjourn, to take effect
without the President's sanction......

The agreement of two-thirds of the Senators present necessary
to the ratification of a treaty......

The electors to vote by ballot for President and Vice-President,
naming in their ballots the person voted for as President,
and in distinct ballots the person voted for as Vice-Presi-
dent. (12th Amendment.)...

The electors to make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President,
and of the number of votes for each, signing and certify-
ing the same, and transmitting them sealed directed to
the President of the Senate. (12th Amendment.)...........
The President of the Senate, in the presence of both houses,
to open all the certificates, and the electoral votes then to
be counted....

The person having the greatest number of votes for Presi-
dent to be the President, if such number be a majority
of the whole number of electors appointed. (12th Amend-
ment.)............

If no person have such majority for President, the House of
Representatives to choose by ballot the President from the
three highest on the list voted for as such, the votes to be
taken by States, and the representation from each State
to have one vote, a quorum consisting of two-thirds of the
States, and a majority of all the States being necessary to
a choice. (12th Amendment.)..........

The person having the greatest number of votes as Vice-Presi-
dent to be the Vice-President, if such number be a ma-
jority of the whole number of electors appointed. (12th
Amendment.).................................

If no person have such majority for Vice-President, the Senate
to choose the Vice-President from the two highest num-
bers on the list; a quorum consisting of two-thirds of the
whole number of Senators, and a majority of the whole
number being necessary to a choice. (12th Amendment.)
When the right to vote for electors, Representatives, the execu-

tive and judicial officers of a State, or the members of the
legislature thereof, is denied to any male inhabitants of
such State, being twenty-one years of age, and citizens of
the U. S., except for participation in rebellion or other
crime, the basis of representation therein to be reduced,
and how. (14th Amendment.).............
By a vote of two-thirds of each house, Congress may remove
the disability incurred by engaging in insurrection or re-
bellion against the U. S., or giving aid and comfort to the
enemies thereof, after having taken an oath, in a certain
capacity, to support the Constitution of the same. (14th
Amendment.)

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VOTES-Continued.

The right of citizens of the U. S. to vote, not to be denied or
abridged by the U. S., or by any State, on account of race,
color, or previous condition of servitude. (14th Amend-
ment.)
VOTING. (See Votes.)

WAR-

Congress may declare.......

(Note 3.) The different wars of the U. S., when declared or
when recognized, to exist.

No State, without the consent of Congress, to engage in, unless
invaded, or in imminent danger

WARRANTS-

Not to issue, but upon probable cause, supported by oath or
affirmation, and describing places, persons, and things.
(4th Amendment.)......

WEIGHTS-

and measures, Congress may fix the standard of..........
WELFARE-

to promote the general, one of the objects in establishing this
Constitution. (Preamble.)

Congress may provide for the general...........

WITNESSES-

The testimony of two, to the same overt act, or confession in
open court, necessary for conviction of treason..

No one in any criminal case, to be compelled to be a witness
against himself. (5th Amendment.)........

In all criminal prosecutions, the accused to enjoy the right to be
confronted with the, against him, and to have compulsory
process for obtaining those in his favor. (6th Amendment.)
WRITINGS. (See Authors.)

WRITS-

of election. (See Vacancies.)

of habeas corpus. (See Habeas Corpus.)
YEAS AND NAYS-

The, of the members of either house on any question, at the
desire of one-fifth of those present, to be entered on the
journal............

In all such cases as the reconsideration of a bill returned by
the President with his objections, the votes of both houses
to be determined by, and the names of those voting for
and against the bill to be entered on the journal of, each
house respectively.......

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CHAPTER II.

THE WAR DEPARTMENT.

1. THERE shall be an executive department, to be denominated the department of war; and there shall be a principal officer therein, to be called the secretary for the department of war, who shall perform and execute such duties as shall, from time to time, be enjoined on, or intrusted to, him, by the President of the United States,' agreeable to the Constitution, relative to military commissions, or to

1 THE SECRETARY OF WAR.-In addition to the general authority invested, by this law, in the secretary (as the general agent or executive officer of the President), he is by other statutes charged with a special supervision over the administration of all the supply departments-their estimates, appropriations, contracts, and expenditures being under his direction and control. The Military Academy is also under his immediate direction.

Although it may be true that "he does not compose a part of the army and has no duties to perform in the field" (1 Opinions, 457), and that "he is a civil officer, and all his duties are civil duties " (4 Nott & Huntington, 125), yet he is "the regular constitutional organ of the President for the administration of the military establishment of the nation; and rules and orders publicly promulgated through him must be received as the acts of the executive, and as such be binding upon all within the sphere of his legal and constitutional authority." See United States v. Eliason, 16 Peters, 291; and Wilcox v. Jackson, 13 ibid., 498.

"He must exercise his judgment in expounding the laws and resolutions of Congress, under which he is from time to time required to act. If he doubts, he has a right to call on the attorney-general to assist him with his counsel; and it would be difficult to imagine why a legal adviser was provided by law for the heads of departments, as well as for the President, unless their duties were regarded as executive in which judgment and discretion were to be exercised." (See 15 Peters, 575.) And "whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction that the statute constitutes him the sole and exclusive judge of the existence of those facts."Martin v. Mott, 12 Wheaton, 19.

Acts done within the peculiar and legitimate sphere of the secretary's official duty are to be taken and understood as rightly done, and to preclude all collateral inquiry by the accounting officers.-5 Opinions, 387; see also 18 Howard, 96, and Chap. iii.,

note 5.

It follows, therefore, that so long as the President and the secretary of war are in accord with each other, the powers of the latter, with reference to the army, find their only limitation in the constitutional boundaries to the authority of the chief executive. "The war department has a staff officer, the adjutant-general, through whom the secretary, in behalf of the President, that is the President, speaks when he sees fit, in matters appertaining to the army."-7 Opinions, 473. But see, in reference to the chief clerk as the medium of communication, note 12.

The secretary of war has also been charged from time to time with special duties in connection with the distribution of national charities, the protection of emigrants, adjustment of State claims, construction of bridges over navigable waters, and of railroads through the public domain; and for many years past the practice has obtained of providing that all appropriations for river and harbor improvements, national surveys, etc., shall be expended under his supervision. See note 8.

The salary of the secretary, under act of March 3, 1853, is $8,000 per annum.

3

the land or naval forces, ships, or warlike stores, of the United States, or to such other matters respecting military or naval affairs, as the President of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs; and furthermore, that the said principal officer shall conduct the business of the said department in such manner as the President of the United States, shall, from time to time, order or instruct. Sec. 1, August 7, 1789, chap. 7.

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2. There shall be in the said department an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the department of war, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books, and papers appertaining to the said department."-Sec. 2, ibid.

3. The said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office or employment, take an oath or affirmation well and faithfully to execute the trust committed to him.-Sec. 3, ibid.

4. The secretary for the war department shall be, and he is, hereby authorized and directed to define and prescribe the species, as well as the amount, of supplies to be respectively purchased by commissary-general's and quartermaster-general's departments, and

2 By the establishment of a navy department, under act of April 30, 1798, the supervision of naval affairs was withdrawn from the war department. The secretary of war was, however, one of the commissioners of the "Naval Pension Fund," from April 23, 1800, till that board of commissioners was abolished under act of July 10, 1832.

(a.) "By direction of the President all official business which, by law or regulations, requires the action of the President or secretary of war, will be submitted by the chiefs of staff corps, departments and bureaus, to the secretary of war."

"All orders and instructions relating to military operations, issued by the President or secretary of war, will be issued through the general of the army."-G. O. No. 28, A.-G. O., 1869.

3 A general control over the public lands was exercised by the secretary of war till, by act of April 25, 1812, they were placed under the supervision of the treasury department.

The commissioner of pensions was under the direction of the war department by the acts of March 3, 1835, and January 19, 1849; but the administration of all pension and bounty land laws was transferred to the department of the interior, by act of March 3, 1849.

4 The commissioner of Indian affairs was attached to this department by the act of July 9, 1832; but by act of March 3, 1849, the entire control of Indian affairs was transferred to the department of the interior.

5 For duties of the chief clerk see ¶ 13 and note 12.

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