At the second election, Washington received the votes of all the electors, and Adams a majority.

At the third election, Adams was elected President and Jefferson Vice-President.

At the fourth election, Jefferson and Burr received a majority of the votes of all the electors and an equal number of votes. The choice devolved upon the House of Representatives. After a great many ballotings, resulting in a tie, Jefferson was at length chosen in consequence of some of his opponents casting blank votes. Burr became Vice-President.

The Constitution was then amended by the adoption of the mode of choice given above.

Since then, the choice has once devolved on the House of Representatives, and resulted in the choice of John Quincy Adams. General Jackson was one of the candidates, and received the highest number of the votes of the electors. Adams was one of the three having the highest number of votes, and hence was eligible for election by the House.

Art. 2, § 1, 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 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 Presi dent be elected."

The wisdom of this provision is seen in the fact that on three occasions, the President has died in office, and his constitutional successor has taken his place without the slightest interruption of the affairs of government. By the death of President Wm. H. Harrison, John Tyler became President; by the death of President Taylor, Millard Fillmore; and by the death of President Lincoln, Andrew Johnson.

Congress has directed that in case of the disability both of the President and Vice-President, the president of the Senate pro tempore, and in case there is no president, then the Speaker of the House of Representatives, shall act as President.

Art. 2, § 1, 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 shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them."

This provision renders the President independent of Congress. If his salary could be increased, he might be tempted to conform to the wishes of the house to gain an increase of income. could be diminished, the house migh to make him subservient.

If his salary use that power

The salary of the President remains as fixed by the first Congress, at $25,000 a year.

Art. 2, § 1, 7, 8. "Before he enter on the execution of his office, he shall take the following oath or affirmation: "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."

CHAPTER XV.

THE EXECUTIVE (CONTINUED).

ART. 2, § 2, 1. "The President shall be Commanderin-Chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment."

The military power is that by which the laws, if need be, are to be executed, and peace maintained and invasion resisted. It should therefore be under the control of the executive. This power does not make the President a military despot. He is bound to exer cise it in accordance with the Constitution and laws. Failing to do so, he is liable to impeachment and dismissal from office.

The heads of departments are the constitutional

advisers of the President. Their advice will be given under a deeper sense of responsibility, if it be in writing, and liable to be published. On all important occasions, Washington required the written advice of the heads of departments.

The pardoning power is a consequence of the im perfection of law and human nature. A man may be convicted of a crime on false testimony. The falsehood may be discovered, but the court cannot reverse its decision. The pardoning power here comes in, and repairs, as far as may be, the injustice of the law, or rather of the judicial decision. The pardoning power was not given to the executive that he might have scope for exercising his tenderness of heart. It was given to further the ends of justice.

The exception to the President's power of pardon relates to cases of impeachment. If the President could pardon those convicted on impeachment, he could make his favorites safe, whatever political of fences they might commit.

There is also an implied limitation to the pardoning power, in case of punishment, by each branch of the legislature, for contempt of the House and viola. tion of its rules. If the President could set at liberty one imprisoned for contempt of Congress, they would be wholly dependent on his good will for the exercise of their powers.

Art. 2, § 2, 2. "He shall have power, by and with