which treats constitutional and parliamentary government as identical ideas will not find, in the constitution of the greatest and freest republic of all time, the slightest support for its doctrine. But although a parliamentary government is absolutely excluded by the fundamental ideas of the constitution, yet for several years past the question has been discussed with increasing interest, whether the executive power, by law or constitutional amendment, should not be brought into closer communication with the legislative, so that its measures and views could be openly and directly represented in both houses of congress by the secretary of the department concerned. That the development of affairs is tending in this direction, congress has frequently been compelled to acknowledge, at least indirectly, for the secretaries furnish it the materials for many of its legislative labors. Its committees are not satisfied with the written information obtained, and so summon the secretaries, in order to obtain the desired information by oral discussions. Thus, finally, had Grant become president than the most objectionable provisions were repealed by a new act of April 5, 1869. This is so framed that it can scarcely be declared to be unconstitutional. But the tendency to extend the constitutional authority of the senate glimmers even through this. Congress is unquestionably authorized to regulate by law the right of dismissal. Such a regulation in regard to administrative officials is urgently needed. An unqualified right of dismissal, conditioned only upon the senate's assent, should certainly not be accepted as such a legal regulation. As for the offices of a political character, the nature of things forbids bringing them into such a scheme. If the constitution had intended to confer on the senate a right of control over dismissals from them, it would have declared it as expressly as it does the senate's control over appointments. But, as to all other offices, the welfare of the state demands a limitation of the arbitrary power of dismissal exercised by the constantly changing political chiefs. The clause just mentioned of the act of April 5, 1869, simply couples the arbitrary will of the president and the arbitrary will of the senate.

many proposed laws, which officially have an entirely different paternity, are prepared in some bureau of the administration. But congress is too well aware of how very much the position of the executive would be strengthened, as against itself, if the secretaries received the right of debate in senate and house, and its tendency is too decided to elevate its own dignity and enlarge its own sphere of action at the cost of the executive, to permit those who perceive in such a change one of the most urgent and significant reforms to hope that their views may soon come to pass. But while the relation of the executive to the legislative power constitutes one of the greatest differences between the political institutions of the United States and those of all European constitutional nations, and probably will do so for a long time, the organization of the "administration" in America, and of the "government" in Europe, is in the main similar, and will become more so with the progressive development of the United States. Originally there were only four departments: that of state (foreign affairs), of the treasury (finances), of war, and of justice (attorney-general). In 1794 the postoffice department (postmaster-general) was added; in 1798 the navy department, and in 1849 the department of the interior.1

1 By act of May 15, 1862, an agricultural department was also created. But its head is only a "commissioner." He is subject to none of the secretaries, but is not a member of the "cabinet."

By act of March 2, 1867, there was created within the department of the interior an "office of education," also administered by a "commissioner." The suggestion has already been made to change this bureau into an independent department, but there is no immediate prospect of this and possibly no necessity for it, since the schoolsystem is a matter for the states.

Only the most important points of the organization and work of the departments can be sketched here.

The state department is not simply the ministry of foreign affairs. The secretary of state is also keeper of the great seal, and in the

27. THE FEDERAL COURTS. The constitution establishes only the supreme court of the United States and makes it the duty of congress, according to the changing necessities of the times, to create and organize such inferior courts as it shall see proper. To be eligible for appointment to the office of justice in the United States archives of this department the original records of the laws, of all resolutions of congress, etc., are preserved. The publication of the laws (in three newspapers), and the proclamation of an adoption of an amendment to the constitution, are among the secretary of state's functions. The fact deserves especial mention, that he is legally bound to present congress annually with a concise report of the changes made by other countries in their commercial and domestic policies. He has as aids a first and second assistant secretary of state, who are appointed by the president, subject to the consent of the senate.

The treasury department more than any of the others was from the beginning brought into a legal relation with congress, independent of the president. And as to this department it was admitted from the beginning that congress, in its legislation, could not do without executive co-operation. The very act of organization of September 2, 1789, provides: "That it shall be the duty of the secretary of the treasury to digest and prepare plans for the improvement and management of the revenue, and for the support of the public credit, to make report, and give information, to either branch of the legislature in person or in writing (as he may be required) respecting all matters referred to him by the senate or house of representatives or which shall appertain to his office." Stats. at Large, I., 65, 66. An act of May 10, 1800, further provides: "That it shall be the duty of the secretary of the treasury to digest, prepare and lay before congress, at the commencement of every session, a report on the subject of finance, containing estimates of the public revenue and public expenditures, and plans for improving or increasing the revenues, from time to time, for the purpose of giving information to congress in adopting modes of raising the money requisite to meet the public expenditures." Ibid., II., 79, 80. Among the reports which the secretary must annually lay before congress are particularly to be mentioned those prepared by the bureau of statistics "on the statistics of commerce and navigation" (act of February 10, 1820, Ibid., III., 541), and “ upon the condition of the agriculture, manufactures, domestic trade, currency and

supreme court requires no particular qualifications, according to the constitution. It provides only that the members of the supreme court shall be appointed by the president, with the advice and consent of the senate. In regard to the other federal judges, this is not expressly required, but the fact that congress has not reckoned banks of the several states and territories" (June 15, 1844, Ibid., V., 719), and a summary of the exports and imports of the past fiscal year (July 1 to June 30). Every three months a report of the expenditures and revenue, and once a month a report of the condition of the treasury during the last week of the month, must be published (June 17, 1844, Ibid., V., 696). The accounts are examined by six auditors, above whom two comptrollers are placed in charge. The moneys are received and paid out by the treasurer. Payments are made on vouchers of the treasurer, countersigned by a comptroller and entered by the registrar. A commissioner of customs has charge of the revenue arising from custom duties. The system of internal taxation is managed by a commissioner of internal revenue. Among the other officials of the department, the director of the mint and the comptroller of the currency may be mentioned.

The most important officers of the war department are the adjutant-general, quartermaster-general, paymaster-general, commissarygeneral, surgeon-general, judge-advocate-general, chief of engineers and chief of ordnance. It is odd that the signal service also (chief signal officer) is placed under the war department, although its main object is to give information by telegram and by signals, for the benefit of agricultural and commercial interests, of the approach and force of storms, by means of observations taken at fixed meteorological stations.

The department of justice consists of an attorney-general, solicitorgeneral, two assistant-attorneys-general, solicitor of the treasury, solicitor of internal revenue, naval solicitor, and an examiner of claims for the state department. In the separate judicial districts, legal matters are attended to by a district attorney. The executive officers are called marshals. ("The marshals and their deputies shall have, in each state, the same powers, in executing the laws of the United States, as the sheriffs and their deputies in such state may have, by law, in executing the laws thereof." Rev. Stat., sec. 788.) In respect to the postoffice department, it need only be said that on account of the great number of postmasters necessarily appointed,

them among the "inferior officers," the appointment of which it may commit "to the president alone, to the courts, or to the heads of departments," is unquestionably in harmony with the intent of the constitution. This appears, too, from the fact that none of the federal judges, without exception, according to the constitution, can be removed from office during good behavior.' The the department, under the "spoils" principle, has reached a commanding importance in party politics, with which, so far as its legitimate duties are concerned, it should have no connection.

The navy department is divided into eight "bureaus:" yards and docks; navigation (combined with a "hydrographic office"); ordnance; provisions and clothing; medicine and surgery; equipment and recruiting; construction and repair; and steam engineering. The heads of the bureaus must be chosen from particular ranks of the officers of the navy.

The duties of the interior department are the most extensive and comprise the most different objects: (1) census; (2) public lands; (3) Indian affairs; (4) patents; (5) bureau of education; (6) the geological surveys; (7) pensions, a branch which, since the civil war, and particularly of late years, has attained vast importance by reason of sweeping legislation; in the fiscal year 1883-84, $55,429,228 were paid out for pensions, more than one dollar per capita of the population; (8) preservation and distribution of the government's publications.

The business of the department of agriculture is "to acquire and diffuse among the people of the United States useful information on subjects connected with agriculture in the most general and comprehensive sense of that word, and to procure, propagate and distribute among the people new and valuable seeds and plants." Rev. Stat., sec. 520. See W. Elmes, Executive Departments of the U. S. Government, Washington, 1879.

1 Territorial judges are not federal judges within the meaning of article III., section 1. Although the inferior federal courts within the states are first created by law, they are nevertheless "constitutional” courts, i. e., they are made by this article co-bearers of the judicial power of the United States. The territorial courts, on the other hand, are "legislative,” i. e., they were created by congress, not by virtue of this constitutional provision, but by virtue of its own general legislative power over the territories. American Insurance Co. vs. Canter, Peters, I., 546. I know of no judicial decision