UNION-Continued. Congress may provide for calling forth the militia to execute The President, from time to time, to give Congress informa- Congress to guarantee to every State in this, a republican form VACANCIES- in the representation from any State, to be filled by election, in the seats of Senators, during the recess of the legislature of in the presidency of the Senate (or vice-presidency of the U. S.) 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, The President may fill all, happening during the recess of the VESSELS-- bound to or from one State, not to be obliged to enter, clear, VETO- Two-thirds of each house requisite to pass a bill over the Pres- 1 7 2 VICE-PRESIDENT- 12 to be President of the Senate, but with no vote, unless there In the absence of the, or when he shall exercise the office of to hold his office during the term of four years......... (Note 10.) May signify his refusal to accept, or his resigna- how elected by the electors, or chosen by the Senate. (See to fill the office of President, in case of the latter's removal meanors... Qualifications of, with respect to citizenship, age, and length VOLUNTEERS-- (Note 6.) The appointment of officers of, when and how exer- 2 The Vice-President, as President of the Senate, to have no VOTES-Continued. The concurrence of two-thirds of either house necessary to The yeas and nays of the members of either house on any The agreement of two-thirds of each house necessary to pass But in all such cases, the votes of both houses to be deter- The agreement of two-thirds of each house necessary to pass The concurrent vote of both houses to adjourn, to take effect The agreement of two-thirds of the Senators present necessary The electors to vote by ballot for President and Vice-President, The electors to make distinct lists of all persons voted for as The person having the greatest number of votes for Presi- If no person have such majority for President, the House of The person having the greatest number of votes as Vice-Presi- If no person have such majority for Vice-President, the Senate tive and judicial officers of a State, or the members of the VOTES-Continued. The right of citizens of the U. S. to vote, not to be denied or WAR- Congress may declare....... (Note 3.) The different wars of the U. S., when declared or No State, without the consent of Congress, to engage in, unless WARRANTS- Not to issue, but upon probable cause, supported by oath or WEIGHTS- and measures, Congress may fix the standard of.......... to promote the general, one of the objects in establishing this Congress may provide for the general........... WITNESSES- The testimony of two, to the same overt act, or confession in No one in any criminal case, to be compelled to be a witness In all criminal prosecutions, the accused to enjoy the right to be WRITS- of election. (See Vacancies.) of habeas corpus. (See Habeas Corpus.) The, of the members of either house on any question, at the In all such cases as the reconsideration of a bill returned by 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. 2a 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. |