gives to congress the power to arrange for the appoint. ment of the inferior officers by others than the president. In the appointment of a permanent United States officer by the president, three things are essential.

(1) That the person shall be nominated in writing by the president to the senate.

(2) That the senate shall advise and consent to his appointment.

(3) That subsequently the president actually appoints. A nomination is not an appointment.

CLAUSE 3. "The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session."

The power of temporary appointments, when the senate is not in session, is given to the president alone, but such appointments expire at the end of the next session of the senate. If the senate, however, in its session fails to make an appointment, then it is considered that a vacancy has again happened in the office, which the president may proceed to fill by another appointment, which shall hold until the end of the next session of the senate.

The next clause of this article states that the president shall "from time to time give to the congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient."

In accordance with this clause, it is the custom for the president to send a message to congress annually at the beginning of their session. Power is given by this section to the president to convene both houses, or

either of them, whenever he shall choose, and in case they shall disagree on the matter of adjournment, that he may adjourn them. It is also provided that he shall receive ambassadors, and other public ministers, and "shall take care that the laws be faithfully executed, and shall commission all officers of the United States."

SECTION 4. "The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."

This limits the power of impeachment to the president, the vice-president, and all civil officers of the United States, and if any such officer shall be impeached by the house, and tried by the senate and convicted, he is necessarily removed from the office. It does not even require a vote to remove him. His conviction on impeachment at once deprives him of the office.

Heads of departments have already been alluded to in the constitution. By various acts of congress, the executive and administrative business of the government has been distributed among several executive departments. There are now eight of these, namely:

(1) The department of state.

(2) The department of the treasury.

(3) The department of war.

(4) The department of the navy.

(5) The department of the post-office.
(6) The department of the interior.
(7) The department of justice.

(8) The department of agriculture.

These executive departments will be considered under Part III.

CHAPTER X.

THE JUDICIAL DEPARTMENT.

ARTICLE III.

We have seen that the first article of the constitution treats of the legislative department, and the second article of the executive department. We now proceed to consider the third article, which relates to the judicial department.

SECTION I. "The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office."

The principal courts of the United States are:

(1) Courts of claims, established in 1855.

(2) Supreme court of the District of Columbia. (3) Supreme courts in the territories.

(4) District courts in the territories.

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Of these latter it is not necessary here to speak. The supreme court at the present time consists of a chief justice and eight associate justices. These nine

* In 1891 Congress established a new court, called the Circuit Court of Appeals, with circuits and judges corresponding to the Circuit Court.

justices correspond to the number of circuits, and one of them is assigned to each circuit. There are nine circuit courts, with nine judges of these courts. Appeals may be taken from the circuit court to the supreme court. These circuit courts are again divided into districts, every state having at least one district court. Some of the larger states are divided into two and three districts.

The salaries of the district judges vary from thirtyfive hundred dollars to five thousand dollars. The judges of the circuit courts receive a salary of six thousand dollars. The associate justices of the supreme court have a salary of ten thousand dollars, and the chief justice of this court receives ten thousand five hundred dollars.

SECTION 2, CLAUSE I. "The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and treaties made under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state, claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or subjects."

Only certain kinds of cases can be brought before the United States courts. These courts have jurisdiction in the following cases:

(1) All cases in law and equity arising under the constitution, the laws of the United States, and treaties made, or which shall be made, under their authority.

(2) All cases affecting ambassadors, other public ministers, and consuls.

(3) All cases of admiralty and maritime jurisdiction. (4) Controversies to which the United States shall be a party.

(5) Controversies between two or more states.

(6) Controversies between a state and the citizens of another state.

(7) Controversies between citizens of different states. (8) Controversies between citizens of the same state claiming lands under grants of different states.

(9) Controversies between a state, or the citizens thereof, and foreign states, citizens, or subjects.

The judicial power of the United States is here extended (see 6) to controversies between a state and citizens of another state. This clause gave much discussion at the time the constitution was adopted, and the states were unwilling to be subjected to law suits brought by citizens of other states. Accordingly, an amendment to the constitution was proposed, and on the 8th of January, 1798, the president announced to the congress that the amendment had been adopted by three-fourths of the states, and was, therefore, a part of the constitution. This constitutes the eleventh of the amendments, and is as follows:

"The judicial power of the United States shall not be construed to extend to any suit in law, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state."

Such cases must be brought before the state courts. CLAUSE 3. "The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be