s an authority inferior to, and depending upon, that of the
legislature.

Even in the exercise of the executive power, properly so called--the
point upon which his position seems to be most analogous to that of
the King of France--the President labors under several causes of
inferiority. The authority of the King, in France, has, in the first
place, the advantage of duration over that of the President, and
durability is one of the chief elements of strength; nothing is either
loved or feared but what is likely to endure. The President of the
United States is a magistrate elected for four years; the King, in
France, is an hereditary sovereign. In the exercise of the executive
power the President of the United States is constantly subject to a
jealous scrutiny. He may make, but he cannot conclude, a treaty; he
may designate, but he cannot appoint, a public officer. *q The King of
France is absolute within the limits of his authority. The President of
the United States is responsible for his actions; but the person of the
King is declared inviolable by the French Charter. *r

[Footnote q: The Constitution had left it doubtful whether the President
was obliged to consult the Senate in the removal as well as in the
appointment of Federal officers. "The Federalist" (No. 77) seemed to
establish the affirmative; but in 1789 Congress formally decided that,
as the President was responsible for his actions, he ought not to
be forced to employ agents who had forfeited his esteem. See Kent's
"Commentaries", vol. i. p. 289.]

[Footnote r: [This comparison applied to the Constitutional King of
France and to the powers he held under the Charter of 1830, till the
overthrow of the monarchy in 1848.--Translator's Note.]]

Nevertheless, the supremacy of public opinion is no less above the head
of the one than of the other. This power is less definite, less evident,
and less sanctioned by the laws in France than in America, but in fact
it exists. In America, it acts by elections and decrees; in France it
proceeds by revolutions; but notwithstanding the different constitutions
of these two countries, public opinion is the predominant authority
in both of them. The fundamental principle of legislation--a principle
essentially republican--is the same in both countries, although its
consequences may be different, and its results more or less extensive.
Whence I am led to conclude that France with its King is nearer akin to
a republic than t