cares or concerns of government, the direction
of war most peculiarly demands those qualities which distinguish the
exercise of power by a single hand. The direction of war implies
the direction of the common strength; and the power of directing and
employing the common strength, forms a usual and essential part in the
definition of the executive authority.

"The President may require the opinion, in writing, of the principal
officer in each of the executive departments, upon any subject relating
to the duties of their respective officers." This I consider as a mere
redundancy in the plan, as the right for which it provides would result
of itself from the office.

He is also to be authorized to grant "reprieves and pardons for offenses
against the United States, except in cases of impeachment." Humanity
and good policy conspire to dictate, that the benign prerogative of
pardoning should be as little as possible fettered or embarrassed. The
criminal code of every country partakes so much of necessary severity,
that without an easy access to exceptions in favor of unfortunate guilt,
justice would wear a countenance too sanguinary and cruel. As the sense
of responsibility is always strongest, in proportion as it is undivided,
it may be inferred that a single man would be most ready to attend to
the force of those motives which might plead for a mitigation of the
rigor of the law, and least apt to yield to considerations which were
calculated to shelter a fit object of its vengeance. The reflection that
the fate of a fellow-creature depended on his sole fiat, would naturally
inspire scrupulousness and caution; the dread of being accused of
weakness or connivance, would beget equal circumspection, though of a
different kind. On the other hand, as men generally derive confidence
from their numbers, they might often encourage each other in an act of
obduracy, and might be less sensible to the apprehension of suspicion or
censure for an injudicious or affected clemency. On these accounts, one
man appears to be a more eligible dispenser of the mercy of government,
than a body of men.

The expediency of vesting the power of pardoning in the President
has, if I mistake not, been only contested in relation to the crime of
treason. This, it has been urged, ought to have depended upon the assent
of one, or both, of the branches of the legislative body. I shall not
deny that there are strong reasons to be assigned for requiring in