but it would be precisely the same with
that of the governor of Massachusetts, whose constitution, as to this
article, seems to have been the original from which the convention have
copied.
The President is to be the "commander-in-chief of the army and navy of
the United States, and of the militia of the several States, when called
into the actual service of the United States. He is to have power to
grant reprieves and pardons for offenses against the United States,
except in cases of impeachment; to recommend to the consideration of
Congress such measures as he shall judge necessary and expedient; to
convene, on extraordinary occasions, both houses of the legislature, or
either of them, and, in case of disagreement between them with respect
to the time of adjournment, to adjourn them to such time as he shall
think proper; to take care that the laws be faithfully executed; and
to commission all officers of the United States." In most of these
particulars, the power of the President will resemble equally that of
the king of Great Britain and of the governor of New York. The most
material points of difference are these:--First. The President will have
only the occasional command of such part of the militia of the nation
as by legislative provision may be called into the actual service of the
Union. The king of Great Britain and the governor of New York have at
all times the entire command of all the militia within their several
jurisdictions. In this article, therefore, the power of the President
would be inferior to that of either the monarch or the governor. Second.
The President is to be commander-in-chief of the army and navy of the
United States. In this respect his authority would be nominally the same
with that of the king of Great Britain, but in substance much inferior
to it. It would amount to nothing more than the supreme command and
direction of the military and naval forces, as first General and admiral
of the Confederacy; while that of the British king extends to the
declaring of war and to the raising and regulating of fleets and
armies--all which, by the Constitution under consideration, would
appertain to the legislature.(1) The governor of New York, on the other
hand, is by the constitution of the State vested only with the command
of its militia and navy. But the constitutions of several of the States
expressly declare their governors to be commanders-in-chief, as well of
the army as navy; and it may
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