PRESERVATION1. keeping safe from harm; avoiding injury. This term always presupposes a real or existing danger.
2. A jettison2, which is always for the preservation of the remainder of the cargo3, must therefore be made only when there is a real danger existing. See Average; Jettison.
PRESIDENT. An officer of a company who is to direct the manner in which business is to be transacted4. From the decision of the president there is an appeal to the body over which he presides.
PRESIDENT OF THE UNITED STATES OF AMERICA. This is the title of the executive officer of this country.
2. The constitution directs that the executive power shall be vested in a president of the United States of America. Art. 2, s. 1.
3. This subject will be examined by considering, 1. His qualifications. 2. His election. 3. The duration of his office. 4. His compensation. 5. His powers.
4. - 1. No person except a natural born a citizen, or a citizen of the United States at the time of the adoption5 of this constitution, shall be eligible6 to the office of president neither shall any person be eligible to that office who shall not have attained7 the age of thirty-five years, and been fourteen years a resident within the United States. Art. 2, s. 1, n. 5. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president; and the congress may by law provide for the removal, death, resignation, or inability both of the president and vice-president, declaring what officer shall then act as president and such officer shall act accordingly, until the disability be removed, or a president shall be elected. Art. 2, s. 1, n. 6.
5. - 2. He is chosen by electors of president. (q. v.) See Const. U. S. art. 2, s. 1, n. 2, 3, and 4; 1 Kent, Com. 273 Story on the Constit. 1447, et seq. After his election and before he enters on the execution of his office, he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will, to the best of my ability, preserve, protect and defend the constitution of the United States." Article 2, s. 1, n. 8 and 9.
6. - 3. He holds his office for the term of four years; art. 2, s. 1, n. 1; he is reeligible for successive terms, but no one has ventured, contrary to public opinion, to be a candidate for a third term.
7. - 4. The president shall, at stated times, receive for his services, a compensation which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive, within that period, any other emolument8 from the United States, or any of them. Art. 2, sect9. 1, n. 7. The act of the 24th September, 1789, ch. 19, fixed10 the salary of the president at twenty-five thousand dollars. This is his salary now.
8. - 5. The powers of the president are to be exercised by him alone, or by him with the concurrence12 of the senate.
9. - 1. The constitution has vested in him alone, the following powers: be is commander-in-chief of the army and navy of the United States, and of the militia13 of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officers of each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have the power to grant reprieves14 and pardons for offences against the United States, except in cases of impeachluent. Art. 2, s. 2, n. 2. He may appoint all officers of the United States, whose appointments are not otherwise provided for in the constitution, and which shall be established by law, when congress shall vest the appointment of such officers in the president alone. Art. 2, s. 2, n. 2. He shall have power to fill up all vacancies15 that may happen during the recess16 of the senate, by granting commissions, which shall expire at the end of their next session. Art. 2, sect. 2, n. 3. He shall from time to time give congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient17; he may, on extraordinary occasions, convene18 both houses, or either of them, and in case of disagreement between them with respect to the time of adjournment20, he may adjourn19 them to such time as he shall think proper he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all officers of the United States.
10. - 2. His power, with the concurrence of the senate, is as follows: to make treaties, provided two-thirds of the senators present concur11; nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls21, judges of the supreme22 court, and all other officers of the United States whose appointments are not provided for in the constitution, and which have been established by law; but the congress may by law vest the appointment of such inferior officers, as they shall think proper, in the president alone, in the courts of law, or in the heads of departments. Art. 2, s. 2, n. 2. Vide 1 Kent, Com. Lect. 13; Story on the Const. B. 3, ch. 36; Rawle on the Const. Index, h. t.; Serg. Const. L. Index, h. t.
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