None
344 INDEX INDEX Abrogation of treaties, 284 Administrative tribunals, 173, 319 Advice and consent, 253 Agriculture, department of, 306 duties of, 306 bureaus of, 306 Aliens, 286 Amnesty, legislative, 88 executive, 89 Appointment, nature of power, 29, 67 by legislature, 30 modes of, 31 to vacancies, 41 completion of, 94 origin of power, 93 federal power of, 246 extent of, 246 increase of, 246 congressional influence, 248 emergency appointments, 249 qualifications, 250 eligibility, 251 by President alone, 255 by heads of departments, 255 by courts, 255 Appropriations, 109 under treaties, 281 pursuant to treaties, 284 Ashburton Treaty, 165 Attorney General, power of, 112 Attorneys, prosecuting, 112 Bills — See Veto Belligerency, status of, 271 347 recognition of, 290 Belligerent rights, 271 Bills of Rights, 324-328 Boards and Commissions in general, 173 increase of, 174 varieties of, 174 Board of Correction, 179 of charities, 179 of trade, 10 Burr's Case, 55 Brownsville case, 257 Cabinet, dates of department organization, 227 opinions of heads, 228 collegiate existence, 228 unity of Executive, 228 relations with President, 231 Atty. Gen. Gushing on, 232 Atty. Gen. Independence, recognition of, 290 Interior, department of, 304 duties of, 304 349 Interstate Commerce Com- mission, 317 Justice, department of, 301 Judicial and Executive pow- ers distinguished, 320 Laws of Nations, 286 See Military Law, Martial law Laws of War, 266 Legislature, separation of powers, 15 distrust of, 45 decline in influence, 43 extra sessions, 58 adjournment, 58 appointments by, 70 Lex Satura, 65 Madison, on advice and con- sent, 29 Maine boundary, 165 Martial law, 122, 126 under constitution, 268 incidents of, 268 not dictatorships, 269 Military forces, 118 regulation of, 122 in aid of civil power, 270 Military Law, 122, 163, 168 Militia, 118, 156, 158 Military Occupation, 275 Monroe Doctrine, 288 National Guard, 157 Navy, department of, 303 duties of, 303 Negotiations between States, 154 Neutrality, 289 Non-intercourse, 273 Offices, defined, 254 Officers, classes of, 254 confirmation, 253 confirmations, 253 commission, 253 INDEX tenure of inferior, 256 removal, 256 of civil, 256 of military, 256 suits against, 261 protection of, 261 liability of, 262 defense of, 262 indemnity, 263 conduct of, 263 justification, 263 privileges of, 264 See Appointment, Removal, Executive officers. Pardon, terms of grant of power, 83 procedure for, 84 boards of, 84 common law of, 85 conditional, 86 by secretary of treasury, 86 not subject to legislature, 87 legislative pardons, 87 general by amnesty, 88, 89 contempts, 88 suspension of sentence, 88 by whom granted, 90 not a judicial act, 90 not prejudicial to third persons, 90 not operative on money in treasury, 90 delivery, acceptance, 90 revocation, breach of con- dition, 90 effect in general, 91 Patents, 304 Peace, conservation of, 116 of the United States, 169 Pensions, 304 Posse Comitatus, 117 President, compared with governors, 185 with king, 187 powers not argued from prerogative, 184 common law powers, 188 as Commander in Chief, 188 as conservator of peace, 188 and in other matters, 189 executes laws of war, 189 and laws of nations, 189 functions not limited to seat of government, 190 correspondence, 190 intervenes, 191 acts through department heads, 192 their acts imputed to him, 192 acting personally, 192 by delegation, 192 appeals to, 193 finality of acts of, 193 investigation, 193 public moneys, 194 expenditure, 194 legal proceedings, 195 construction of statutes, 195 uniformity in, 196 force of, 196 unconstitutional laws, 197 giving information, 198 in confidence, 198 withholding, 199, 200 as business agent, 202 tacit authority, 203 initiative in legislation, 201 and proceedings in con- gress, 204 current politics, 205 public opinion, 205 appeals to history, 206 Prerogative, royal, 5 delegated appeals, 6 Post Office, department of, 302 duties of, 302 350 INDEX Prize cases, 272 courts, 276 Recess vacancies, 66 Removal, power of, 29-42 in Michigan, 102, 42 in general, 93 by advice and consent, 94 for cause, 99 notice and hearing, 99 finality of decision, 101 of civil officers, 256 of military officers, 256 of suits, 261 Rittenhouse case, 140 Senate, action on treaties, 280 See Appointment, Advice and Consent Separation of powers, 15, 21 Sheriff, relation with gov- ernor, 116 history and powers, 117 Posse Comitatus, 117 State, suits, by, 109 against, 110, 153 constabulary, 116, 119 federal limitations, 131, 132 and Union, 132 federal relation and impe- rial, 134 relations between states, 135 controversies between, 140 in Revolutionary period, 140 under constitution, 140 what are justiciable, 141 boundary, 146 compacts, 147 public waters, 149 consent of congress, 150 diplomacy, 153 invasion, 105 domestic violence, 165 peace of State, 169 opposition to Federal powers, 170 interference with Federal officer, 260 State secrets, 265 State, depart, of, 293 duties of, 294 bureaus of, 295 Tenure, Office Act, 1820, 258 of 1867, 258 Territorial Courts, 257 Treasury, department of, 295 duties of, 295 divisions of, 295 Treaties, 280 action of Senate, 283 abrogation of, 284 executive agreements, 285 Veto, royal, 6, 7 by colonial executives, 8 by early constitutions, 23, 24 in England, 23 New York, 25 Massachusetts, 25 federal, 26 Veto and approval of bills in colonies, 72 federal, 72 in states, 73 partial, 73, 75, 77 passage over, 73 time for deliberation, 74, 77 adjournment, 74, 79 appropriations, 75, 78 Veto, presentment of bills, 75 evidence of, 76 recall, 77 mistake, 78 return, 79 signature after adjourn- ment, 80 or in recess, 79 351 INDEX when approval effective, 81 authenticity of statutes, 81 Veto — The Federal, use of, 206 history of, 206 Van Buren on, 207 W. This book is due on the last date stamped below, or on the date to which renewed. Renewed bop^ ^e^ubject to immediate recall. REcqj0 IM .DAN CUAN MAR 1 1979 jUL2>tlt7 60 m. cm. ««,nr? 1 c 19791 -^ <;tacks -m^ Ik^l ~m^ "TT k*^l ^9 >^ m ugm^^ LD 21A-50m-3,'62 General Library TTniv*»rsifv of Csilifnrniit YB 08398 Ih-^ ^ K^^IU »'-'.-^u^i. UNIVERSITY OF CALIFORNIA LIBRARY. 