Page:The American Democrat, James Fenimore Cooper, 1838.djvu/44

38 named in the instrument, are strictly executive powers, and are to be construed solely on the great principles that regulate all executive authority. This is in conformity with the letter and spirit of the constitution, which has instituted this high office, not as a ministerial, but as an executive office.

The distinction between an executive and a ministerial function is great and manifest. The last is positive, and limited by the provisions of the law to be executed; the first has a wide discretion, and is always to be interpreted on as liberal and broad principles, as the nature of the case will allow; it being the intention that high political considerations should have their due weight on the acts of such an agent. But a quotation from the constitution, itself, will show our meaning. The section which contains the power of the president to commission, is in these words: "He (the president,) shall, from time to time, give to congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and, in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he may think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed; and he shall commission (empower, in an executive sense) all the officers of the United States.

Each and all of these high functions are executive, and are to be discharged on the great principles of executive power. Thus the president is not obliged to "receive ambassadors and other public ministers," as they shall present themselves, like a mere minister of state, when the act is contrary to the interests and character of the nation; but he is the depository of