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Power

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POWER.

Sec. 1. The section under consideration provides in the first place for the election of the president by electors appointed in such manner as the state legislature may direct, and for this purpose their power is exclu sive, and a law providing for their election by districts is valid; McPherson v. Blacker, 146 U. S. 1, 13 Sup. Ct. 3, 36 L Ed. 869, af firming McPherson v. Secretary of State, 92 Mich. 377, 52 N. W. 469, 16 IA R. A. 475, 31 Am. St. Rep. 587. The jurisdiction of an in dictment for illegal voting for electors, even where the sentence included punishment for illegal voting for a member of congress, is in the state courts ; In re Green, 134 U. S. 377, 10 Sup. Ct. 586, 33 L. Ed. 951.

The third clause of this section, providing for the manner of' ascertaining the result of the voting by the electors, and of choosing a president and vice-president in case of fail ure to elect, is of no further force having been supplied by the 12th Amendment.

The time of choosing electors has been fix ed by congress as the Tuesday next after the first Monday in November ; 1 U. S. R. S. 131; and the time for electors to meet and vote in their respective states is the second Monday in Januaiy; Act Feb. 3, 1887, 1 Comp. St. 67, which invalidates a state law making provision for the meeting of electors, so far as the date is concerned, but not oth erwise. The same act provides (sections 4-7) the method of ascertaining the result of the election by congress.

As to who are natural-born citizens and citizens of the United States with respect to the qualifications of the president, see ern ZEN. As to the succession to the presidency in case of a vacancy In the office of both president and vice-president, see ee.nuirr.

Sec. 2. Under the power vested in the pres ident as commander-in-chief of the army and navy, he has authority without legislation to I put in force all legitimate acts of belliger ency, among which are included the power to remove an officer of the army if the case is not provided for by law; Keyes v. U. S., 109 U. S. 336, 3 Sup. Ct. 202, 27 L. Ed. 954; and to institute a blockade ; U. S. v. The Tropic Wind, Fed. Cas. No. 16,541a ; U. S. v. The F. W. Johnson, Fed. Cas. No. 15,179 ; to con vene a general court-martial; Swaim v. U. S., 165 U. S. 553, 17 Sup. Ct. 448, 41 L. Ed. 823; levy contributions on the enemy ; Cross v. Harrison, 16 How. (U. S.) 164, 190, 14 L. Ed. 889; Fleming v. Page, 9 How. (U. S.) 603, 13 L. Ed. 276 ; authorize the military or naval commanders of conquered territory to provide for civil and military government, and to impose duties on imports and tonnage for its support; Dooley v. U. S., 182 U. S.

222, 21 Sup. Ct. 762, 45 L. Ed. 1074; Cross v. Harrison, 16 How. (U. S.) 164, 14 L. Ed. 889 ; or courts for the administration of civil and criminal law in such territory may be established by the president, or a com manding officer therein; Mechanics' & Trad ers' Bank v. Bank, 22 Wall. (U. S.) 277, 22 L. Ed. 871; The Grapeshot, 9 Wall. (U. S.) 129, 19 L. Ed. 651; Leitensdorfer v. Webb, 20 How. (U. S.) 176, 15 L. Ed. 891. The pres ident becomes commander-in-chief of the militia only when it is called into the service of the United States ; Johnson v. Sayre, 158 U. S. 109, 15 Sup. Ct. 773, 39 L. Ed. 914; but his authority as to when it is necessary so to call it is decisive ; Martin v. Mott, 12 Wheat. (U. S.) 19, 6 L. Ed. 537; and it may be made a criminal offence by state statute for the militia to refuse to obey his call; Houston v. Moore, 5 Wheat. (U. S.) 1, 5 L. Ed. 19. The president may place the militia under com mand of officers of the United States army to whom he may delegate his powers ; 2 Opin. A. G. 711; but he cannot delegate his judicial duty to review the findings of a court-martial; Runkle v. U. S., 122 U. S. 543, 7 Sup. Ct. 1141, 30 L. Ed. 1167.

The pardoning power conferred upon the president does not destroy the power of con gress to pass an act of general amnesty ; Brown v. Walker, 161 U. S. 591, 16 Sup. Ct. 644, 40 L. Ed. 819. Pardon includes amnesty, and there is no distinction between them un der the constitution; Knote v. U. S., 95 U. S. 149, 24 L. Ed. 442; U. S. v. Klein, 13 Wall. (U. S.) 128, 20 L. Ed. 519. A pardon is a private official act, and must be conveyed to and accepted by the criminal, and must be brought judicially to the attention of the court to be noticed ; U. S. v. Wilson, 7 Pet. (U. S.) 150, 8 L. Ed. 640; unless made by public proclamation, when it has the force of law; Jenkins v. Collard, 145 U. S. 546, 12 Sup. Ct. 868, 36 L. Ed. 812. A pardon may be granted before trial ; 6 Opin. A. G. 20; or after the expiration of imprisonment when that is part of the sentence ; Steller's Case, Fed. Cas. No. 13,380, 1 Phila. 302 ; 9 Opin. A. G. 478. He may remit penalties, for feitures and fines ; Osborn v. U. S., 91 U. S. 474, 23 L. Ed. 388; even after the death of the offender; Caldwell's Case, 11 Opin. A. G. 35 ; or fines imposed for contempt of court ; In re Mullee, 7 Blatchf. 23, Fed. Cas. No. 9,911.

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