ity to withold, or to withdraw a commission, in the one case, as in the other, to receive or to decline receiving a foreign minister.
It follows that all the affirmative power in making treaties, in appointing to office, and in removing, is in the president alone, the advice and consent of the senate not authorising the several acts, but merely completing the right of the executive to perform these high functions himself.
The president of the United States, besides his civil duties, is the military commander in chief of the army and navy of the United States, at all times, and of the militia of the several states whenever the latter is called into the field.
He is the representative of the constituencies of the states, under a peculiar modification, and for the purposes set forth in the constitution. He has no prerogative, which implies an inalienable and exclusive right or privilege, for his functions take the character of duties, and the states can legally, and under prescribed forms, not only modify those duties, but they can altogether destroy the office, at will.
As a rule, there is far more danger that the president of the United States will render the office less efficient than was intended, than that he will exercise an authority dangerous to the liberties of the country. Some of his powers perhaps, are too imitative, and are unnecessary; that of dismissing military officers, for instance. But it is a greater evil to attempt reducing them, except in conformity with the provisions of the constitution, than to endure them. Even these questionable points of power, have been seldom abused, and, as a whole, the history of the country shows ten instances of presidents' evading responsibility, to one of their abusing power. A recent case is that of the executive's assenting to an indirect law recognizing
