as, of
necessity, many assistants. All United States district attorneys and
marshals act under direction of this department. He is also legal adviser
of the government.

By an act approved February 11, 1889, the department of agriculture was
established with appropriate duties assigned to it.

The practice of holding regular cabinet meetings was begun by Jefferson,
and has continued as a matter of custom and expediency ever since. The
meetings are attended only by the president, his private secretary, and
the cabinet. They are held for the purpose of consultation. The president
may act upon the advice of his cabinet or not as he chooses.

The reports or opinions referred to in the provision of the constitution
now under consideration, are called for at least once a year and are
transmitted to congress with the president's message. But they may be
called for at any time.

Cabinet officers are not directly authorized by the constitution, but
provisions of this section seem to take it for granted that the president
would have such assistants.

[3] This power extends to military offenses as well as to the criminal
offenses of civilians.

The Supreme Court has decided that the president has power also to commute
sentences; and that he may act in the matter at any time after the offense
is committed, even before the trial. He may also stop proceedings in any
criminal case prosecuted in the name of the United States.

The exception in case of impeachment was first made in England, to prevent
the king from shielding his ministers. It is in our constitution as a
similar check upon the president.

_Clause 2.--Powers shared by the Senate._

_He shall have power, by and with the advice and consent of the senate, to
make treaties, provided that two-thirds of the senators present concur;[1]
and he shall nominate and by and with the advice and consent of the
senate, shall appoint ambassadors, other public ministers and consuls,
judges of the Supreme Court, and all other officers of the United States,
whose appointments are not otherwise herein provided for, and which shall
be established by law;[2] but congress may by law vest the appointment for
such inferior officers as they may think proper, in the president alone,
in the courts of law, or in the heads of departments.[3]_

[1] The "advice" of the senate is rarely, if ever, asked; but its
"consent" must be had in order to make the treaties lawful.

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