|
|
Walker, The Making of the Nation, 200.
8. For the methods employed in the patent office and a comparison
between our system and that of European nations, see Cent. Mag.,
61:346-356.
9. A good account of the reorganization of the army of the United States
is given in the Atl. Mo., 89:437-451.
10. The development of the United States army, Scribner's Mag.,
30:286-311, 446-462, 593-613.
11. West Point after a century, World's Work, August, 1902, 2433-2451.
12. A hundred years of West Point, Outlook, 71:591-601.
13. Life at West Point, Rev. of R's, 26:45-53.
14. What was the character of our navy prior to 1883? Harrison, This
Country of Ours, 251-255.
15. The new American navy, Outlook, 73:323-337.
16. Comparison of the strength of our navy with that of other nations,
Rev. of R's, 25:561-570; 39:347.
17. What special problem was connected with the location of the capital?
How was it finally settled? Hart, Contemporaries, III, 269-272;
Schouler, I, 152-156; McMaster, I, 555-562; World's Work, 1:191-195.
18. The development of Washington during the past one hundred years is
discussed in Rev. of R's, 22:675-686; Forum, 30:545-554; Outlook,
70:310, 311, 817-829; Cent. Mag., 63:621-628, 724-756; Cosmop.,
30:109-120.
19. Proposed improvements in Washington, Cent. Mag., 63:621-628,
747-759.
20. For the influence of the doctrine of implied powers, see:--
(a) Internal improvements, Hart, Contemporaries, III, 436-440; Walker,
The Making of the Nation, 204, 205, 262, 363; Hart, Formation of the
Union, 227-229, 353-355.
(b) The United States Bank, Hart, Contemporaries, III, 446-450; Hart,
Formation of the Union, 150-151, 226-227; Walker, The Making of the
Nation, 82-83.
(c) The annexation of territory, Hart, Contemporaries, III, 373-376;
Walker, The Making of the Nation, 177-184; Hart, The Formation of the
Union, 188.
(d) Legal-tender cases, Wilson, Division and Reunion, 280-281.
21. For further questions on this chapter, consult Government in State
and Nation, 206, 207.
CHAPTER XII.
POWERS DENIED THE UNITED STATES AND THE SEVERAL STATES.
While restrictions on Congressional powers are found elsewhere in the
Constitution, Section 9 of Article I seems to have been framed
especially for this purpose.[36]
[Footnote 36: Clause 1 of this article formed an important part of the
third great compromise, which was discussed on p. 43.]
Writ of Habeas Corpus.--Clause 2 provides: _The privilege of the
writ of habeas corpus shall not be suspended, unless when in cases of
rebellion or invasion, the public safety may require it._
A writ of _habeas corpus_ is a writ granted by a court, commanding an
officer to produce before it a prisoner, in order that the court may
inquire into the cause of his imprisonment or detention. If, after such
inquiry, it is found that the person is detained for insufficient cause,
he is granted his freedom.
President Lincoln and the Writ of Habeas Corpus.--President
Lincoln, as a military necessity, in 1861, suspended the privilege
of the writ over a limited area, constituting a large part of the
State of Maryland. The Supreme Court, however, declared his order
non-effective, maintaining that the right of suspending the writ of
_habeas corpus_ lay with Congress, though it might be granted to
the President. This attempt on the part of the Supreme Court to
restrain Mr. Lincoln was a failure, and shows that even the highest
of our tribunals may not have its usual power in time of war. It
was not until March 3, 1863, that Congress made the decree of
President Lincoln legal by authorizing him to suspend the writ
whenever he believed the public safety demanded it. In September of
that year he declared the suspension general throughout the
country.
Ex Post Facto Laws.--Clause 3. _No bill of attainder or ex post
facto laws shall be passed._
An ex post facto law, as defined by the Supreme Court, is a "law which
renders an act punishable in a manner in which it was not punishable
when it was committed." It applies to acts of a criminal nature
only.[37]
[Footnote 37: Clause 4 is discussed under National Finances, p. 84.]
Care of Public Money.--Clause 7. _No money shall be drawn from the
Treasury, but in consequence of appropriations made by law; and a
regular statement and account of the receipts and expenditures of all
public money shall be published from time to time._
It is proper in a government such as ours that the control of the public
money should be lodged with the representatives of the people. Through
the annual report of the Secretary of the Treasury, the people may know
from what sources our revenues are derived and for what purposes the
money is expended.
Titles of Nobility and Gifts.--Clause 8. _No title of nobility
shall be granted by the United States; and no person holding any office
of profit or trust under them shall, without the consent of the
Congress, accept of any present, emolument, office, or title of any kind
whatever from any king, prince, or foreign state._
According to the wording of the clause, Congress may allow gifts, of the
kind mentioned, to be accepted by our National officials. Usually,
however, such gifts pass into the keeping of government.
Powers Denied the States.--We recall the power of the States and
weakness of the general government under the Articles of Confederation.
It was plain to the members of the Constitutional Convention that
hopeless confusion would arise if the States should also be given the
right to coin money, pass ex post facto laws, etc. Therefore, certain
prohibitions were made on the powers of the States. In Section 10,
Clause 1, we note that these prohibitions are absolute, as:--
_No State shall enter into any treaty, alliance or confederation; grant
letters of marque and reprisal, coin money, emit bills of credit; make
anything but gold and silver coin a tender in payment of debts; pass any
bill of attainder, ex post facto law, or law impairing the obligation of
contracts, or grant any title of nobility._[38]
[Footnote 38: In the celebrated Dartmouth College case, it was finally
determined that a State legislature may not modify the terms of a
contract. See Life of John Marshall, by Magruder, "American Statesmen,"
new ed., 188-190.]
In Section 10, Clauses 2 and 3, the prohibitions are only conditional;
thus:--
_No State shall, without the consent of the Congress, lay any impost or
duties on imports or exports except what may be absolutely necessary
for executing its inspection laws; and the net produce of all duties and
imposts laid by any State on imports or exports, shall be for the use of
the Treasury of the United States; and all such laws shall be subject to
the revision and control of the Congress.
No State shall, without the consent of Congress, lay any duty of
tonnage, keep troops or ships of war in time of peace, enter into any
agreement or compact with another State or with a foreign power, or
engage in war, unless actually invaded or in such imminent danger as
will not admit of delay._
More Complete Protection of Personal Rights.--By a careful reading
of Sections 9 and 10, it is seen that some of the rights of the
individual are guarded against encroachment on the part of government,
either National or State. But the people felt that there were other
personal rights which needed protection. They were familiar with the
bills of rights in their own State constitutions. That the National
Constitution did not also contain a bill of rights was, as we have seen,
one of the chief arguments made against its adoption in the State
conventions.
The First Ten Amendments.--A large number of propositions,
therefore, were submitted to the first Congress by the States. Seventeen
of these were selected by the House of Representatives, and proposed as
amendments to the Constitution. Twelve of these were acceptable to the
Senate also, and ten were ratified by the required three-fourths of the
State legislatures. We call them the first ten amendments to the
Constitution. If we read these amendments, we shall find that really
they are a bill of rights, for the preservation or protection of rights
of the people is expressed in all.[39]
[Footnote 39: See Appendix A.]
CHAPTER XIII.
THE EXECUTIVE DEPARTMENT.
The President and His Election.--We have seen that the one great
weakness of the government under the confederation was that there
existed no adequate executive. After much discussion in the convention,
the fear of a despot at the head of affairs gave place to the desire to
secure executive energy and responsibility. To-day the President is the
most notable personage among all our officials. Mr. Bryce calls the
Presidential office the greatest office in the world unless we except
the papacy. In the Executive Department the President's power is
practically absolute. He may appoint and remove, either directly or
indirectly, all officials of the department, and they are finally
responsible to him in the performance of their duties. His control of
international relations and his influence on legislation are, as we
shall see, extensive.
Length of Term.--Article II, Section 1, Clause 1. _The executive
power shall be vested in a President of the United States of America. He
shall hold his office during the term of four years, and, together with
the Vice-President, chosen for the same term, be elected as follows:_--
Method of Election.--How shall the President be chosen? This
problem is said to have taken one-seventh of the entire time of the
convention. While there were those who believed that election by the
people would be wise, still this sentiment was not general. It was
thought that a choice in this way would cause great "tumult and
disorder." Besides, it was urged that the people would not be
sufficiently acquainted with the men who have the necessary
qualifications for such high office. For a special investigation of this
sort, they agreed that it would be best to select a small number of
persons who would be most likely to possess the required information and
discernment. The appointment of these independent electors was provided
for as follows:--
Appointment of Electors.--Section 1, Clause 2. _Each State shall
appoint, in such manner as the legislature thereof may direct, a number
of electors equal to the whole number of senators and representatives to
which the State may be entitled in the Congress; but no senator or
representative or person holding an office of trust or profit under the
United States, shall be appointed an elector._
Article II, Section 1, Clause 3. _The Congress may determine the time of
choosing the electors, and the day on which they shall give their votes,
which day shall be the same throughout the United States._
At present, the appointment of electors is a necessary but a
comparatively unimportant step in the election of a President.
The real power exists in the National conventions of the great political
parties. Instead of exercising the right of free choice, as they were
originally expected to do, the electors are really bound to vote for
candidates nominated in these conventions. Let us consider, then, some
of the chief points in the history and practical working of National
conventions.
Early Methods of Nominating.--Like the development of other
political usages, the method of nominating a President passed
through several stages before the present plan of nominating
conventions was reached. No nominations were made in the first two
Presidential elections. In 1796, Washington having refused to be a
candidate for a third term, party managers in Congress agreed
informally on Adams and Jefferson as the candidates of the
Federalist and the Republican parties respectively. A caucus of
Federalist Congressmen, in 1800, nominated Adams and Pinckney, and
a caucus of Republican Congressmen nominated Jefferson and Burr,
for the offices of President and Vice-President. The Republican
members of Congress continued to hold a regular caucus and thus to
direct the votes of the party electors until 1824. In that year
William H. Crawford, the last Congressional nominee, was defeated.
There was opposition to the Congressional caucus from the
beginning, for such a method was regarded as undemocratic. In 1824
and 1828 the several State legislatures put forward their favorites
for the office of President.
Development of National Conventions.--As early as 1812, De
Witt Clinton was nominated as the candidate of the Federalists in a
convention held in New York City, made up of seventy delegates, who
represented eleven States. But the National nominating convention,
as we know it, was used for the first time by the Anti-Masonic
party, which selected William Wirt for its candidate in 1831. This
method was followed in the same year by the National Republican
party, which nominated Henry Clay. The National convention of the
Democratic party in 1832 nominated Andrew Jackson, who had already
been nominated by many local conventions and State legislatures.
Many years elapsed before the present complex organization was
reached, but since 1836, with the single exception of the Whig
party in that year, parties have regarded the National convention
as an essential factor in electing President and Vice-President.
Prior to the nominations for the Presidency in 1912, the usual plan
was to select two delegates to the National convention from each of
the Congressional districts, and also four delegates at large. The
district delegates were chosen in the district conventions of the
different parties, and the delegates at large in State conventions.
In some of the States all of the delegates were selected in the
State conventions.
It now seems probable before another Presidential election that
some form of the _direct primary_ will be in use in all of the
States. The growth of sentiment in favor of the selection of
delegates to the National convention by the direct primary has been
most remarkable. Oregon, California, Nebraska, New Jersey, North
Dakota, Wisconsin, Illinois, Maine, Maryland, Massachusetts, and
Michigan passed such primary laws prior to the election of 1912.
Pennsylvania had a modified primary law, and in a number of other
States there were voluntary primaries.
Election of Delegates to the National Conventions.--The
National conventions of the Republican and the Democratic parties
are made up of twice as many delegates from the different States as
these States have representatives and senators in Congress.
The National Convention.--The National convention is held in
some leading city during the month of June or July of the year in
which a President is to be elected. A few days before the time set
for the convention, the delegates, together with many thousands of
politicians and sight-seers, flock to that city. Headquarters are
established and delegates are interviewed on behalf of the
different candidates. On the day appointed, the convention is
called to order by the chairman of the National committee, under
whose auspices the convention is to be held. A temporary chairman
is elected, and clerks and secretaries are appointed. Committees
are also appointed, the most important being those on credentials
and on resolutions. Each State delegation selects one of its
members for each of the committees. In the next session, a
permanent chairman is usually selected, and the committee on
resolutions presents its report, which sets forth the platform
embodying party doctrines and principles. Nominations are then in
order. The roll of States is called, and the various delegations
place before the convention the favorite of their State. A State
often waives its privilege in behalf of some other State which has
a candidate to present. Again the clerk calls the roll of the
States, and each chairman of a delegation announces the votes from
his State. In the Republican convention a majority of the number of
delegates voting is sufficient to nominate; but no nomination is
possible in the Democratic convention except by a vote of
two-thirds of the delegates. Then follows the selection of a
candidate for Vice-President. In this choice the attempt is made to
secure some man who will add strength to the party, and who comes
from a different section of the country from that represented by
the candidate for the Presidency. He may, as in the cases of Tyler
and Johnson, represent a faction of the party that is not in entire
agreement with the majority.
The National Committee.--A National committee is also
appointed, made up of one member from each State, who is nominated
by the State delegation. The wishes of the Presidential candidate
are of influence in the choice of the chairman, who need not be a
member of the convention. The committee occupies a position of
great importance, for by it the platform of the party is largely
determined. We have here a body of men not mentioned by the
Constitution, but exerting vastly greater influence upon the
election of President than does the electoral college itself. It
organizes the campaign, secures money, selects speakers, and sends
out party literature. The committee looks after the interests of
the party during the ensuing four years and issues the call for the
next National convention.
Election of Electors.--We are now ready to consider the place of
the electors in the choice of a President. The nominations of candidates
for the office of elector are usually made at the State conventions of
the different parties when State tickets are nominated. These occur,
ordinarily, in August or September preceding the November election.
Each political party nominates as many electors as the State has
senators and representatives in Congress. The names of the electors are
then placed on the general party ticket, on which appear also the names
of the candidates for President and Vice-President; each person then
votes for the entire number of electors to which his State is entitled,
and will naturally vote for all the electors on his party ticket. The
political party, therefore, which receives the majority of votes in a
State secures all the electoral votes of that State.[40]
[Footnote 40: It has sometimes happened, however, when the election in a
State has been close, that one or more of the electors on a minority
ticket have run ahead of the other candidates on that ticket, and have
secured a larger number of votes than candidates on the majority ticket,
thus obtaining an election. California, in 1892, gave one electoral vote
to Mr. Harrison and eight to Mr. Cleveland, and again, in 1896, gave
eight votes to Mr. McKinley and one to Mr. Bryan. Kentucky, in 1896, cast
twelve votes for Mr. McKinley and one for Mr. Bryan.]
Vacancies in the Offices of Electors.--Congress enacted in
1845 that each State might provide, by law, for the filling of
vacancies in the electoral college, and that if any State failed to
choose electors on the regular day, that they might be appointed on
a later day in such manner as the State might, by law, direct.
Nearly all of the State legislatures have conferred on the college
itself the power of filling vacancies.
Function of Electors.--The steps prescribed by the Constitution
must still be followed, although we know, long before the electors cast
their votes, who the next President will be. The actual function of the
electors is given in Amendment XII, as follows:--
_The electors shall meet in their respective States and vote by ballot
for President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same State with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice-President; and they shall 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, which lists they
shall sign, and certify, and transmit, sealed, to the seat of government
of the United States, directed to the President of the Senate;--the
President of the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates, and the votes shall then
be counted;--the person having the greatest number of votes for
President shall be the President, if such number be a majority of the
whole number of electors appointed; and if no person have such majority,
then, from the persons having the highest numbers, not exceeding three,
on the list of those voted for as President, the House of
Representatives shall choose immediately, by ballot, the President. But
in choosing the President, the votes shall be taken by States, the
representation from each State having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the
States, and a majority of the States shall be necessary to a choice. And
if the House of Representatives shall not choose a President, whenever
the right to choose shall devolve upon them, before the fourth day of
March next following, then the Vice-President shall act as President, as
in the case of the death or other constitutional disability of the
President.--The person having the greatest number of votes as
Vice-President shall be the Vice-President, if such number be a majority
of the whole number of electors appointed; and if no person have a
majority, then, from the two highest numbers on the list, the Senate
shall choose the Vice-President; a quorum for the purpose shall consist
of two-thirds of the whole number of senators, and a majority of the
whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of President shall be eligible
to that of Vice-President of the United States._
Voting of the Electors.--The formal election of President takes
place on the second Monday in January, when the electors meet at their
various State capitals and cast their votes. Separate ballots are given
for Vice-President. Three separate sealed lists of the results are then
prepared. Two of these are sent to the President of the Senate, one by
mail and the other by special messenger. The third is deposited with the
United States district judge of the district in which the electors meet.
On the second Wednesday in February the votes are opened by the
President of the Senate, in the presence of the Senate and House of
Representatives, and counted. That person having a majority of the
electoral votes case for President is declared to be duly elected. The
one who has a majority of the electoral votes cast for Vice-President is
also elected to that office.
Election of President by the House of Representatives.--In
case no Presidential candidate receives a majority of the electoral
votes, the election goes to the House of Representatives, as is
provided in the amendment we are considering. Here the three
candidates having the highest number of votes are alone considered.
The voting is by States. In 1825 John Quincy Adams was elected
President in this way. He had fewer popular and fewer electoral
votes than Andrew Jackson, but he received the votes of thirteen
out of twenty-four States in the House.
Choice of Vice-President by the Senate.--The Senate is called
on to select the Vice-President in case no candidate has received a
majority of the electoral votes. The two candidates having the
highest number of votes are considered. The only instance of the
election of a Vice-President in this way occurred in 1837.
Disputed Returns, Election of 1876.--Disputes have arisen,
from time to time, over some of the returns of the electoral votes.
The most notable contest was that over the returns from Florida,
Louisiana, South Carolina, and Oregon, in 1877. If the twenty-one
electoral votes from these States should be counted for the
Republican candidates, they would be elected. Should just one of
those votes be given to the Democratic nominees, the Republicans
would lose the election. Now the Senate at this time was
Republican, and the House Democratic, and therefore no
satisfactory adjustment could be reached, because of party
prejudices. The excitement throughout the country was finally
relieved by the agreement on the part of both houses to refer the
decision to an "Electoral Commission."
This commission consisted of five judges of the Supreme Court, five
representatives, and five senators. After examining the returns,
the commission decided, March 2, 1877, by a vote of eight to seven,
that Hayes and Wheeler, the Republican candidates, had received the
twenty-one votes in dispute, thus giving them one hundred and
eighty-five electoral votes, and that Tilden and Hendricks, the
Democratic candidates, had received one hundred and eighty-four
electoral votes.
In consequence of the grave problem which arose in 1877, Congress
passed an act February 3, 1887, which provides that any contest in
the choice of electors in a State must be decided by the State
authorities under the laws of the State.
The Original Method of Choosing the President.--Because
Presidents Washington, Adams, and Jefferson for his first term,
were chosen by the plan given in the original clause, let us
notice, briefly, the method used at that time, and especially the
reasons for the change to the present plan.
Section 1, Clause 2. _The electors shall meet in their respective
States, and vote by ballot for two persons, one of whom, at least,
shall not be an inhabitant of the same State with themselves. And
they shall make a list of all the persons voted for, and of the
number of votes for each; which list they sign and certify, and
transmit, sealed, to the seat of the government of the United
States, directed to the President of the Senate. The President of
the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates, and the votes shall
then be counted. The person then having the greatest number of
votes shall be President, if such number be a majority of the whole
number of electors appointed; and if there be more than one who
have such a majority, and have an equal number of votes, then the
House of Representatives shall immediately choose, by ballot, one
of them for President; and if no person have a majority, then, from
the five highest on the list, the said House shall, in like manner,
choose the President. But in choosing the President, the votes
shall be taken by States, the representation from each State having
one vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the States, and a majority of all the
States be necessary to a choice. In every case, after the choice of
the President, the person having the greatest number of votes of
the electors shall be the Vice-President. But if there should
remain two or more who have equal votes, the Senate shall choose
from them, by ballot, the Vice-President._
According to this clause, we note that the electors voted for two
persons without stating which was to be President and which
Vice-President. In the official count, the candidate receiving the
highest number of votes, provided it was a majority of the whole
number of the electoral votes, became President, and the one
receiving the next highest became Vice-President.
Election of 1796.--In the election of 1796, John Adams, who
received the highest number, seventy-one, out of one hundred and
thirty-two electoral votes, was elected President. Thomas
Jefferson, his opponent, became Vice-President, having received
sixty-eight votes, or the next highest number. Thus there were
elected a President of one party and a Vice-President of the
opposing party.
Election of 1800.--The election of 1800 also showed the plan
to be impracticable. At this time, the Democratic-Republican party
was determined to have Mr. Jefferson for President and Aaron Burr
for Vice-President. They both received seventy-three votes, a
majority of all the votes. But since the number was equal, it
devolved upon the House of Representatives to determine whether
Jefferson or Burr should be President. For seven days the House was
in continuous session, and civil war threatened. On the
thirty-sixth ballot, however, Jefferson received the votes of ten
States out of sixteen, and was elected.
In order to prevent a recurrence of the conditions which obtained
in 1796, or of the dangers incident to a contest like that of 1800,
the Twelfth Amendment was proposed by Congress, and, after
ratification, was declared in force September 25, 1804. This
provides, as we have seen, that the electoral votes must be cast
separately for President and Vice-President.
The Presidential Term.--Shall the President hold office for a
term of three years, of seven years, or during good behavior? These
were questions of great interest in the Constitutional Convention.
A term of seven years with no re-election was agreed upon, but
toward the end of the convention the clause as given was adopted.
Re-election of a President.--The Constitution does not limit
the number of terms for which a President may be chosen, but the
"third-term tradition" has now made it practically impossible for
the same man to be elected for more than two terms. This custom was
inaugurated by the refusal of President Washington to accept a
third term. President Jefferson was also urged to stand for a third
term, but he, too, preferred to retire to private life as
Washington had done. The adherents of General Grant strove to break
down this precedent in 1880 but were defeated. Although President
Roosevelt had served a part of a term and one full term the
argument of a third term was brought against him.
A Longer Term.--It is frequently urged that the Constitution
should be amended in such a manner as to provide for a term of six
or seven years for the President, with no re-election. Among the
reasons for this change are the following: (1) a new President has
most of his time, for months, at the beginning of his term,
consumed in hearing the claims of applicants for office, and in
making appointments; (2) there is danger that he may be influenced
in his official actions through desire to secure a second term; (3)
the commercial depression that usually exists during a campaign
would thus come less frequently. These arguments may be used in
opposition to such a change: (1) in the case of an inefficient
President, the short term is to be preferred; (2) the Presidential
campaign is of value, in that the attention of Americans generally
is for a time fixed on the problems connected with the conduct of
our government. It furnishes the opportunity for imparting to our
citizens many lessons in their political education.
Qualifications for President and Vice-President.--The
qualifications for President and Vice-President are naturally the same,
and are as follows:--
Section 1, Clause 4. _No person, except a natural-born citizen, or a
citizen of the United States at the time of the adoption of this
Constitution, shall be eligible to the office of President; neither
shall any person be eligible to that office who shall not have attained
to the age of thirty-five years, and been fourteen years a resident
within the United States._
Vacancies.--The chief reason for creating the office of
Vice-President seems to have been to provide for the emergency of a
vacancy in the Presidency.
Section 1, Clause 5. _In case of the removal of the President from
office or of his death, resignation, or inability to discharge the
powers and duties of the said office, the same shall devolve on the
Vice-President, and the Congress may, by law, provide for the case of
removal, death, resignation, or inability both of the President and
Vice-President, declaring what officer shall then act as President, and
such officer shall act accordingly, until the disability be removed, or
a President shall be elected._
Presidential Succession.--In 1886 Congress provided that in case of the
death, resignation, or disability[41] of both President and
Vice-President, the succession should be in the following order:
Secretary of State, Secretary of the Treasury, Secretary of War,
Attorney-General, Postmaster-General, Secretary of the Navy, Secretary
of the Interior. The Secretary of Agriculture was added in 1889.
[Footnote 41: What constitutes disability has not been settled.
President Garfield performed only the single executive act of signing an
extradition paper from July 2 to September 19, 1881. The fact of his
inability to discharge the duties of President was not formally
established. Nor was there declared disability in the case of President
McKinley, between September 6 and the day of his death, September 14,
1901.]
Salary of the President.--Section I, Clause 6. _The President shall, at
stated times, receive for his services a compensation, which shall
neither be increased nor diminished during the period for which he may
have been elected, and he shall not receive within that period any other
emolument from the United States or any of them._
In 1909 the salary of the President was changed from $50,000 to $75,000
a year. The custom has been established that no President shall receive
a gift from any civil body, such as a city council, a State legislature,
or a foreign state. In addition to his salary, the President is provided
with an "executive mansion," the "White House," which is furnished at
the expense of the government. The Vice-President receives $12,000
annually.
Salaries of Foreign Rulers.--The salary paid our President is
small when we compare it with the grants made to European rulers.
In 1901 the English government voted some $4,000,000 for the annual
use of the royal household. The Czar of Russia receives $6,500,000
annually, in addition to revenues derived from 1,000,000 square
miles of crown domains. The President of France receives $231,600
annually.
Inauguration Day.--One of the most notable of our civic festivals occurs
on the fourth of March[42] after the Presidential election. Then
thousands of people go to Washington to witness the inaugural exercises,
by which the President and Vice-President are formally invested with
their offices. The Constitution provides that the President shall take
the following oath of office before entering on his duties:--
Section I, Clause 7. _I do solemnly swear (or affirm) that I will
faithfully execute the office of President of the United States, and
will to the best of my ability preserve, protect, and defend the
Constitution of the United States._
[Footnote 42: It is frequently urged, with good reason, that this date
should be changed to a time of year when the weather in Washington would
be more favorable. An amendment, recently sanctioned by the Senate,
provides that the date for the inauguration shall be the last Thursday
of April. The chief objection to this change seems to be the further
extension of time between the election and the assuming of duties.]
It has been established, by custom, that the oath shall be administered
by the Chief Justice of the United States, at the east front of the
Capitol. After taking the oath the President gives his inaugural
address, which outlines the policy he purposes to carry out.
Immediately after his inauguration, unless it be his second term, he
calls the Senate together, and places before it his nominations for
members of the cabinet, and for such other important offices as he may
desire to make.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. Which of the Presidents have served two terms? How was their election
for a second term to be accounted for?
2. The method of calling National political conventions. When held?
Questions considered. Make a study of the last convention. Cosmop., 29:
194-200; Scribner's Mag., 27: 643-656.
3. Under what conditions was the first platform of a National convention
agreed upon? Wilson, Division and Reunion, 63.
4. For the work of the National committee, see Rev. of R's, 22: 549-556;
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