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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.' Constitution, Art. II, sec. 2, par. 2. The


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paron crimes, and the President, having no title to forfeited property, can not restore it, though he may pardon the offense which caused the forfeiture. Property confiscated by judgment to the United States is beyond the reach of executive carency and is absolutely national property. Knote v. U. S., 10 C. Cls. R., 397, 4 U.Sr. Six Lots of Ground, 1 Woods, 234. Osborn v. U. S., 91 U. S., 474, 477. Pleading A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. The pardon may possibly apply to a different person or to a different crime. It may be absolute or conditional. It may be controverted by the prosecutor and must be expounded by the court. These circumstances combine to show that this, like any other deed, ought to be brought before the court by plea, motion, or otherwise. Ú. S. v. Wilson, 7 Pet., 150, 141 Ex parte Reno, 66 Mo., 266. The recital of a specific, distinct offense in a pardon by the President, limits its operation to that offense, and such pardon does not embrace any other offense for which separate penalties and punishments are provided. Ex parte Weimer, 8 Biss., C. Ct., 321. The conviction having been of two offenses and the pardon reciting only one, the pardon operates upon the offense rected. State v. Foley, 15 Nev., 64.



Fublic of ee - An office is public station, or employment, conferred by the ap pentment of Government. The term embraces the ideas of tenure, emolument, and d ties ... The duties are continuing and permanent, not occasional and transi tory, and are defined by rules prescribed by Government and not by contract. A Government office is different from a Government contract. The latter, from its nature, is necessarily limited in its duration and specific in its objects. The terms agreed upon define the rights and obligations of both parties, and neither may depart from them without the assent of the other. U S. v. Hartwell, 6 Wall.,385, 394; Ú. S.

Maurice, 2 Brockenbrough, 101. A public officer is the incumbent of an office *who exercises continuously, and as a part of the regular and permanent administration of the Government, its public powers, trusts, and duties." Sheboygan Co. v. Parker, 3 Wall 93, 96. Unless a person in the service of the Government holds his pace by virtue of an appointment by the President, or of one of the courts of justice or beads of Departments authorized by law to make such an appointment, he is not strictly speaking an officer of the United States. U. S. v. Mouat, 124 Us, ag 307; U Sr. Germaine, 99 U. S., 508, 510.

Aparm'ments to office. - Appointments provided for by act of Congress, merely in general terms must be made by and with the advice and consent of the Senate. app Att. Gen. 1 When a person has been nominated to an office by the Presi dert e strmed by the Senate, and his commission has been signed by the President, and the seal of the United States affixed thereto, his appointment to that office is eute Congress may provide that certain acts shall be done by the appointee before he shall enter on the possession of the office under the appointthent. These acts then become conditions precedent to the complete investiture of the office, but they are to be performed by the appointee, not by the Executive; all 1st the Executive can do to invest the person with his office has been completed when the commission has been signed and sealed, and when the person has performed the required condition, his title to enter on the possession of the office is also ojte S. Le Baron, 19 How., 73, 78; U. S. v. Stewart, ibid., 79; Marbury • Madion 1 Cranch. 137. Pover of oßeers – All the officers of the Government, from the highest to the west are but agents with delegated powers, and if they act beyond the scope of the delegated powers their acts do not bind the principal U. S. v. Maxwell Grant, 21 Fvd Rep., 19. An officer can only bind the Government by acts which come within a just exercise of his official power. Hunter v. U. S., 5 Pet., 173, 178, The Floyd Acceptances, 7 Wall. 666 State r. Hastings, 12 Wis., 596. It is a question of law for the court whether an act is a part of the official duty of a public officer. U.S. v. Fanan, 8 How,*! Every public officer is required to perform all duties which * atractiv official although they may be required by laws passed after he comes into and may be curulative upon his original duties, and although his compensation There for be wholly inadequate. In such case he must look to the bounty of ConTs for any additional reward. Andrews r. U.S., 2 Story, 202. An officer is bound to use that care and diligence in the discharge of his duties that a conscientious and 1′′dent man, acting under a just sense of his obligations, would exercise under the 17t mati ces of a particular case, and if he fails and neglects to do so he is culpab. Ur Baldridge, 11 Fed. Rep., 352.



shions as to oficial acts.-The acts of an officer to whom a public duty is ced within the sphere of that duty are prima facie within his power. U.S. v. Are dende, 6 Pet., 691; U. S v. Clarke, s ibid., 436, 452; Percheman r. Ú. S., 7 ibid., 51; In a mar. U.S.9 ibid., 117, 134; Strother v. Lucas, 12 ibid., 410, 438; U. S. v. Peralta, When a particular functionary is clothed with the duty of decid A certain question of fact, his decision in the absence of fraud, is conclusive. Logan The County 16 Wall.. 6. He who alleges that an officer intrusted with pertant duty has violated his instructions, must show it. The courts ought to

. 543 147.




UNITED STATES. – Har dept. –

Prepared, under the direction of the Honorable Daniel S. Lamont, Secretary of War,
by Lieutenant-Colonel George B. Davis, Deputy Judge-Advocate-
General, United States Army.



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