His Power to Convene Congress, &c.

300. The President may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper.

301. The propriety of this power speaks for itself. Unexpected exigencies constantly occur in the affairs of nations which demand immediate action, and when this action should require the co-operation of Congress, the public interest might suffer serious detriment if that co-operation could not be obtained in advance of the regular session.

302. Of nearly equal necessity as the power to convene Congress on extraordinary occasions, is the power to adjourn them in cases of disagreement. When they cannot agree as to the time of adjournment, the interposition of the President at once puts an end to the controversy, and thus prevents distraction in the public councils.

Receives Ambassadors.

303. The President receives ambassadors and other public ministers; that is, they present their credentials to him, and receive his official recognition of

their character. Until this be done they cannot enter upon the performance of their duties. The President is the representative of his country in all diplomatic negotiations, and naturally is intrusted with the power to appoint and receive the agents through whom such negotiations are carried on. It will be observed, however, that he appoints with the concurrence of the Senate (sec. 288, &c.), but receives without their participation. The reason of this difference is, probably, to be found in the fact, that it would be attended with too much inconvenience to summon the Senate together whenever a foreign minister should be sent hither, in order that he might be received and enter upon the discharge of his duties.

304. The President may, in his discretion, refuse to receive a foreign minister; but if his refusal should be for inadequate cause, and unaccompanied with proper explanations, it might bring on hostilities. He may refuse to receive him upon the ground of his former bad character, or former offensive conduct, or because the special subject of the embassy is not proper or not convenient for discussion; or because the state from which he is sent may be divided and distracted by civil wars, so as to render it inexpedient to acknowledge the supremacy of either party. 305. The President may also, when the language

or conduct of a foreign minister is inadmissible, suspend his functions by a refusal to treat with him, or make application to his sovereign for his recall, or dismiss him and require him to depart within a reasonable time. It is said, too, that where the safety of the state absolutely requires it, force may be applied to confine or send him away.

306. This, however, is all that can be done. A foreign minister may insult the government to which he is deputed, or violate its laws, and he cannot be made amenable either to its civil or criminal jurisdiction. By the law of nations, from which the privileges of foreign ministers derive their origin and support, he is exempted from all allegiance, and from all responsibility to the laws of the country to which he is sent; and this immunity extends to the attendants attached to his person.

307. To give effect to this principle of the law of nations, Congress, by an Act passed in 1790, declared that all writs and process issued out of any court of the United States, or of a particular state, or by any judge or justice, whereby any ambassador or other public minister of any foreign prince or state, or any servant of any such ambassador or minister, might be arrested, or his goods and chattels be seized, should be deemed utterly void.

308. Public ministers are divided into four classes:

First, ambassadors and papal legates or nuncios; second, envoys, ministers, or others accredited to sovereigns; third, ministers resident accredited to sovereigns; fourth, chargés d'affaires accredited to the minister of foreign affairs. Ambassadors are considered as peculiarly representing the sovereign or state by whom they are delegated, and entitled to the same honors to which their constituent would be entitled, were he personally present. The right of sending ambassadors is exclusively confined to crowned heads, the great republics, and other states entitled to royal honors. So far, however, as the nature of their respective functions is concerned, there is no essential difference between public ministers of the first and second class. The United States have always appointed ministers of the second class.

309. Though the President is expressly empowered to appoint consuls, he is not expressly empowered to receive them. He has, however, always exercised the power, it being deemed an incident of his authority; and foreign consuls have never been allowed to act as such without his exequatur, or written declaration authorizing them to perform the duties of their office.

310. A consul is a commercial agent, and not a public minister in the sense of the law of nations. He is not, therefore, entitled to the immunities which that law confers upon such ministers. Both in civil

and criminal cases he is subject to the laws of the country in which he resides, equally with all other persons. If guilty too of illegal or improper conduct, his exequatur may be revoked, which puts an end to his functions.

Executes the Laws.

311. It is the duty of the President to take care that the laws are faithfully executed.

312. The very nature of the executive office would seem to imply that the President should perform this function of executing the laws. But it is expressly enjoined on him by the Constitution, and he may employ the forces of the United States in performing it. Accordingly, when combinations exist among the citizens of one or more of the states to obstruct or defeat the execution of acts of Congress, and hostilities thence arise, and assume the dimensions of war, it is the duty of the President to prosecute opposing hostilities, offensive as well as defensive, and upon a scale to suit the exigencies of the occasion. And he cannot, in the exercise of his powers, be restrained by injunction, from carrying into effect an act of Congress, upon an allegation that such act is unconstitutional. Nor can he be arrested, imprisoned, or detained, while discharging the duties of his office; in all civil cases, his person possesses an official inviolability.