judges  when  appointed  shall  hold  their  offices  during  good  be-
havior.  It  will  be  seen,  therefore,  that  a  very  few  offices
and  officers  are  entirely  beyond  the  control  of  either  Congress
or  President ;  that  a  very  few  are  entirely  under  the  control
of  the  respective  houses  of  Congress  ;  that  the  judges  when
appointed,  —  as  long  as  the  courts  shall  exist,  —  are  beyond
the  control  of  Congress  or  President,  because  they  cannot  be
removed  during  good  behavior,  nor  can  their  salaries  be
diminished  during  their  terms  of  office.
§  643.  In  regard  to  the  great  mass  of  subordinate  officers,
Congress  and  the  President  have  correlative  powers ;  neither
can  act  without  the  other.  Congress  has  full  power  to  create  the
office  by  law ;  to  fix  the  compensation  ;  to  allot  the  powers  and
duties  ;  to  prescribe  general  qualifications  or  conditions,  such  as
that  security  shall  be  given  for  a  faithful  discharge  of  duties,  and
perhaps  personal  qualifications,  such  as  loyalty ;  and,  I  have
no  doubt,  to  regulate  the  term  of  office.  This  done,  the  power
of  Congress  ceases ;  they  can  do  no  direct  act  towards  filling
the  office.  Such  act  is  the  sole,  independent  function  of  the
President,  by  and  with  the  consent  of  the  Senate  ;  except  that
in  the  case  of  "  inferior  officers,"  the  appointment  may  be
vested  by  law  in  the  President  alone,  or  in  the  courts,  or  in
the  heads  of  departments,  without  requiring  the  Senate's  con-
sent. What  class  of  officers  come  within  the  designation  of
"inferior,"  has  never  been  established,  and  cannot  be  deter-
mined with  any  precision  and  certainty.  The  practical  con-
struction which  Congress  has  placed  upon  the  clause,  confines
its  operation  to  those  pubHc  agents  whose  duties  are  quite  sub-
ordinate.
