the several states when called into the
actual service of the United States." (Art. 2, Sec.2.) Some of the reasons
for giving to the executive the command of the public forces, have been
given. (Chap. XXV, Sec.2, 5.) It has also been observed, that a prompt and
effectual execution of the laws is best secured by intrusting this power
to a single individual. (Chap. XXXVIII, Sec.2.) The constitution, (Art. I,
Sec.8, clauses 12-16,) give congress power over the army, navy, and
militia, and "to provide for calling forth the militia to execute the
laws of the union, suppress insurrections, and repel invasions." As this
power is to be exercised upon sudden emergencies, congress has by law
authorized the president to call out the militia for these purposes. And
as the direction of the public forces is a power of an executive nature,
it is intrusted to the executive.

Sec.2. The president has also "power to grant reprieves and pardons for
offenses against the United States, except in cases of impeachment." The
same power is exercised by the governors of the several states. (Chap.
XII, Sec.4.) Through partial or false testimony, or the mistakes of judges
or juries, an innocent person may be convicted of crime; or facts may
subsequently come to light showing the offense to be one of less
aggravation than appeared on the trial. There should therefore be
somewhere a power to remit the punishment, or to mitigate the sentence,
or postpone its execution, as the case may seem to require; and by no
other person or persons, it is presumed, would this power be more
judiciously exercised than by the executive.

Sec.3. The president has "power, by and with the advice and consent of the
senate, to make treaties, to appoint embassadors, other public ministers
and consuls, judges of the supreme court," and other officers, "provided
two-thirds of the senators concur." A _treaty_ is an agreement or
contract between two or more nations, for regulating trade, or for
restoring or preserving peace. This power ought therefore to be in the
national government. In monarchical governments it belongs to the king.
To confide so important a trust to the president alone, would be
imprudent. To associate the house of representatives with the president
and senate, as in making laws, would render it impossible to act with
the decision, secrecy, and dispatch, which are sometimes necessary in
making treaties.

Sec.4. As the treaty-making power appears to be in