power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. It is the private though official act of the executive magistrate, delivered to the individual for whose benefit it is intended and not communicated officially to the court. It must be brought to the notice of the court by plea or motion. United States v. Wilson, 7 Pet., 150.

A pardon by the President for all offenses arising from participation in the rebellion, relieves the recipient from the necessity of taking the oath required by the Act of January 24, 1865. Ex parte Garland, 4 Wall., 333. Such pardon blots out the offense (Armstrong v. United States, 13 Wall., 154; United States v. Padelford, 9 Wall., 531; Knox v. United States, 95 U. S., 149) and restores to the recipient all rights of property lost by the offense, unless it has by judicial process become vested in other persons. Osborn v. United States, 91 U. S., 474; Carlisle v. United States, 16 Wall., 147. As to them, it can not affect rights vested in others directly by the execution of the judgment for the offense, or acquired by others while it was in force. Knote v. United States, 95 U. S., 149. The Confiscation Cases, 20 Wall., 92; Semmes v. United States, 91 U. S., 21.

The general pardon of the owner relieves him of so much of the penalty as accrued to the United States

under the Confiscation Act of August 3d, 1861. Armstrong's Foundry, 6 Wall., 766.

The proviso in the general appropriation Act of 1870, which assumes to annul the effect of the President's pardon, in claims pending before the Court of Claims, can have no such annulling effect.

States v. Klein, 13 Wall., 128.

United

But where the statute prohibits payment of claims to persons not known to be loyal during the war, a pardon does not authorize the payment of such claims. Hart v. United States, 118 U. S., 62.

One convicted by a consular court having jurisdiction, and sentenced to death for murder, but accepting a pardon granted on condition that he be imprisoned for life in a penitentiary is bound by the condition. In re Ross, 140 U. S., 453.

The recital in a pardon that it is granted at the request of the district attorney, in order to restore the competency of the pardoned person as a witness in a murder trial, does not alter the fact that the pardon is full and unconditional. Boyd v. United States, 142 U. S., 450.

TREATY-MAKING POWER-DIPLOMATIC APPOINTMENTS.

"He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Senate,

shall appoint ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments."

Treaties. Though a treaty is the law of the land, and its provisions must be regarded by courts as equivalent to an act of the Congress when it operates directly on a subject, yet if it be merely a stipulation for future legislation by Congress, it addresses itself to the political power, and the judicial department must await congressional action. Foster v. Neilson, 2 Pet., 253. See, post, pp. 283-4.

The statute of the State of Georgia, which subjected to punishment all white people residing within the limits of the Cherokee nation, and authorized their arrest and forcible removal therefrom, was held repugnant to the laws and treaties of the United States. Worcester v. State of Georgia, 6 Pet., 515.

The treaty of peace between the United States and Great Britain, concluded on the 3rd of September, 1783 (8 Stat. at L., p. 80) enables British creditors to recover debts, previously contracted to them by our citizens, notwithstanding a payment into a State treas

ury had been made during the war, under the authority of a State law of sequestration. Ware v. Hylton, 3 Dall., 199.

The treaty with the Cherokee Indians, made Dec. 29, 1835, was made under the treaty-making power vested by the Constitution in the President and Senate. Holden v. Joy, 17 Wall., 211.

Vice-Consuls.-Secs. 1695, 1703, Rev. St., empowering the President to provide for the appointment of vice-consuls, are valid, though not requiring the advice and consent of the Senate. They fall under the class of those inferior officers, whose appointment Congress may vest in the President alone. United States v. Eaton, 169 U. S., 331.

The power of appointment.-The appointment and commission of a collector of internal taxes "until the end of the next session of Congress and no longer," is not continued by a new appointment and commission during the pleasure of the President. The latter is a new appointment distinct from the first and requires a new bond. United States v. Kirkpatrick, 9 Wheat., 720.

POWER TO FILL VACANCIES.

"The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session."

Appointments.-Where the President makes an appointment to hold till the end of the next session, and then after the session, appoints the same officer to hold during pleasure, it is a new appointment requiring a new bond, and the sureties on the first bond are not liable for acts done under the second commission. United States v. Kirkpatrick, 9 Wheat., 720.

DUTIES AND POWERS AS TO CONGRESS.

SECTION 3. "He shall from time to time give to the 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 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 the officers of the United States."

"Shall commission all the officers of the United States."-When a commission has been signed the appointment is made; and the commission is complete when the seal of the United States has been affixed to it by the Secretary of State. Where the officer is removable at the will of the President, the circumstance which completes his appointment is of no concern, be