Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/420

nominations are not then made to them by the president, he cannot appoint to such offices during the recess of the senate, because the vacancy does not happen during the recess of the senate. In many instances, where offices are created by law, special power is on this very account given to the president to fill them during the recess; and it was then said, that in no other instances had the president filled such vacant offices without the special authority of law.^[1]

§ 1554. The next section of the second article is,

He (the president) 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 a 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.

§ 1555. The first part, relative to the president's giving information and recommending measures to congress, is so consonant with the structure of the executive departments of the colonial and state governments, with the usages and practice of other free governments, with the general convenience of congress, and with a due share of responsibility on the part of the executive, that it may well be presumed to be above all real objection. From the nature and duties of the executive department, he must possess more extensive sources of

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1. Sergeant on Const. ch. 29, (ch. 31); 2 Executive Journal, p. 415, 500; 3 Executive Journal, 297.