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. 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. He is also to be 4 authorised “to grant reprieves and pardons for offences against the United States except in cases of impeachment.” Humanity and good policy conspire to dictate, that the benign prerogative for pardoning should be as little as possible fettered or embarrassed. “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 offices.” This I consider as a mere redundancy in the plan as the right for which it provides would result of itself from the office. The direction of war implies the direction of the common strength and the power of directing and employing the common strength, forms an usual and essential part in the definition of the executive authority. Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand.

Even those of them, which have in other respects coupled the Chief Magistrate with a Council, have for the most part concentrated 3 the military authority in him alone. THE President of the United States is to be “Commander in Chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States.” The propriety of this provision is so evident in itself 2 and it is at the same time so consonant to the precedents of the State constitutions in general, that little need be said to explain or enforce it.

Hamilton and the federalist papers