The direction of war implies the
direction of the common strength; and the power of directing and
employing the common strength, forms a usual and essential part in the
definition of the executive authority.
"The President may require the opinion, in writing, of the principal
officer in each of the executive departments, upon any subject relating
to the duties of their respective officers." This I consider as a mere
redundancy in the plan, as the right for which it provides would result
of itself from the office.
He is also to be authorized to grant "reprieves and pardons for offenses
against the United States, except in cases of impeachment." Humanity and
good policy conspire to dictate, that the benign prerogative of
pardoning should be as little as possible fettered or embarrassed. The
criminal code of every country partakes so much of necessary severity,
that without an easy access to exceptions in favor of unfortunate guilt,
justice would wear a countenance too sanguinary and cruel. As the sense
of responsibility is always strongest, in proportion as it is undivided,
it may be inferred that a single man would be most ready to attend to
the force of those motives which might plead for a mitigation of the
rigor of the law, and least apt to yield to considerations which were
calculated to shelter a fit object of its vengeance.
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