tions was perfectly constitutional. The law thus rendered him the responsible judge of that effect. (88)

In case of war breaking out between two or more foreign nations, in which the United States are not bound by treaty to bear a part, it is the duty of the executive to take every precaution for the preservation of their neutrality; and it is a matter of justice, both to those nations and to our own citizens, to manifest such intention in the most public and solemn manner. The disquietude of the belligerent parties is thus obviated, our own citizens are warned of the course it becomes their duty to pursue, and the United States avoid all responsibility for acts committed by the citizens in contravention of the principles of neutrality. It is the office of the legislature to declare war; the duty of the executive, so long as it is practicable, to preserve peace.

The proclamation issued in 1792, when the war broke out between England and France, was an example which, in similar cases, deserves to be followed.

The present state of this country in regard to the piratical depredations committed on its commerce, presents another striking feature of difficulty in regard to executive duty.

The wretches who sally out from the ports of a Spanish island, seize the defenceless merchant vessel, and after removing or destroying the cargo, glut their cruelty by the most barbarous destruction of human life, can be effectually suppressed by no exertion, however vigorous, of the marine force under the command of the president. It can only be effected by pursuing them on shore, by assuming, in some degree, the temporary command of a country, in which the local go

(88) 7 Cranch, $82.

vernment is either too feeble or too corrupt to punish them. However strongly the voice of humanity and the interests of the country might urge the president to take such energetic but justifiable measures, it would involve him in great responsibility to do so-and yet it would be difficult for him wholly to restrain the zeal and indignation of the officers employed on the distant service, or on the other hand, by his own mere authority, to punish for an act committed from the best motives. But if provided by congress with sufficient authority, these difficulties would be removed.

But notwithstanding all efforts to the contrary, we may be involved in war, by misconstructions of his acts, however justly intended and carefully regulated.

In such a case, whether immediate invasion ensues, or strong defensive measures become necessary, it is still the president who is to act on his own judgment, till congress can be convened. In every aspect directly or indirectly connected with foreign nations, his duties are thus serious, and his responsibility great.

It was happy for this nation that at the time of adopting the constitution, an individual was selected to preside, whose judgment never failed, and whose firmness never forsook him: whose conduct proved that the excellencies of the constitution consisted not merely in theory and contemplation, but could be realized in practice, that within its proper sphere no right was unprotected, and no evil unredressed. It ought to satisfy the people if the principles of George Washington's administration are faithfully followed by all his suc

cessors.

tions was perfectly constitutional. The law thus rendered him the responsible judge of that effect. (88)

In case of war breaking out between two or more foreign nations, in which the United States are not bound by treaty to bear a part, it is the duty of the executive to take every precaution for the preservation of their neutrality; and it is a matter of justice, both to those nations and to our own citizens, to manifest such intention in the most public and solemn manner. The disquietude of the belligerent parties is thus obviated, our own citizens are warned of the course it becomes their duty to pursue, and the United States avoid all responsibility for acts committed by the citizens in contravention of the principles of neutrality. It is the office of the legislature to declare war; the duty of the executive, so long as it is practicable, to preserve peace.

The proclamation issued in 1792, when the war broke out between England and France, was an example which, in similar cases, deserves to be followed.

The present state of this country in regard to the piratical depredations committed on its commerce, presents another striking feature of difficulty in regard to executive duty.

The wretches who sally out from the ports of a Spanish island, seize the defenceless merchant vessel, and after removing or destroying the cargo, glut their cruelty by the most barbarous destruction of human life, can be effectually suppressed by no exertion, however vigorous, of the marine force under the command of the president. It can only be effected by pursuing them on shore, by assuming, in some degree, the temporary command of a country, in which the local go

(88) 7 Cranch, $82.

vernment is either too feeble or too corrupt to punish them. However strongly the voice of humanity and the interests of the country might urge the president to take such energetic but justifiable measures, it would involve him in great responsibility to do so—and yet it would be difficult for him wholly to restrain the zeal and indignation of the officers employed on the distant service, or on the other hand, by his own mere authority, to punish for an act committed from the best motives. But if provided by congress with sufficient authority, these difficulties would be removed.

But notwithstanding all efforts to the contrary, we may be involved in war, by misconstructions of his acts, however justly intended and carefully regulated.

In such a case, whether immediate invasion ensues, or strong defensive measures become necessary, it is still the president who is to act on his own judgment, till congress can be convened. In every aspect directly or indirectly connected with foreign nations, his duties are thus serious, and his responsibility great.

It was happy for this nation that at the time of adopting the constitution, an individual was selected to preside, whose judgment never failed, and whose firmness never forsook him whose conduct proved that the excellencies of the constitution consisted not merely in theory and contemplation, but could be realized in practice, that within its proper sphere no right was unprotected, and no evil unredressed. It ought to satisfy the people if the principles of George Washington's administration are faithfully followed by all his suc

cessors.

CHAPTER XX.

Of the Judicial Power.

NO form of government is complete unless it be accompanied with a judicial power.

To make laws and to execute them are the two great operations of government, but they cannot be fully and correctly executed unless there is somewhere resident a power to expound and apply them. This power is auxiliary to the executive authority, and in some degree partakes of its nature. But it is also required at times to control the executive, and what it decides to be unlawful the executive cannot perform. It may also in some degree be said to participate in the legislative power. Its construction of the acts of the legislature is received as binding and conclusive, although it does not prevent the legislature from repairing its own defects, or clearing up its own ambiguities by subsequent laws, operating on subsequent cases. A high function also appertains to the judiciary in the exclusive right to expound the constitution, and thereby to test the validity of all the acts of the legislature.

To the people at large, therefore, this institution is peculiarly valuable and ought to be eminently cherished by them. On its firm and independent structure they repose with safety, while they perceive in it a power which is only set in motion when applied to, but which when thus brought into action, proceeds with competent power when required, to correct the error or subdue the oppression of both or either of the two other branches. A constitution in which there was an omis