The definition of the term "officer" of the United States has been determined in United States v. Germaine1 and United States v. Mouat.2 In the latter case the court say:

"What is necessary to constitute a person an officer of the United States, in any of the various branches of its service, has been fully considered by this court in United States v. Germaine, 99 U. S. 508; 25 L. ed. 48'2. In that case it was distinctly pointed out that, under the Constitution of the United States, all its officers were appointed by the President, by and with the consent of the Senate, or by a court of law, or the head of a department; and the heads of the departments were defined in that opinion to be what are now called the members of the cabinet. Unless a person in the service of the Government, therefore, holds his place by virtue of an appointment by the President, or of one of the courts of justice or heads of departments authorized by law to make such an appointment, he is not, strictly speaking, an officer of the United States." 3

1 99 U. S. 508; 25 L. ed. 482.

2 124 U. S. 303; 8 Sup. Ct. Rep. 505; 31 L. ed. 463.

The Constitution, it is seen, fixes absolutely the manner in which certain officers; namely, ambassadors, other public ministers and consuls, and judges of the Supreme Court, shall be nominated and appointed. The Constitution itself provides, in other clauses, for the selection of the President, the Vice-President, presidential electors, Senators, members of the House of Representatives, and the officers of the two Houses of Congress. In addition to these officers whose selection is thus constitutionally determined, it would appear that all other officers not properly to be styled "inferior" are to be nominated by the President and appointed by and with the consent of the Senate. The appointment of all other officers of the United States, not mentioned within the foregoing paragraph, is subject to regulation by law of Congress, at least to the extent that that body may determine whether they shall be appointed by the President with the approval of the Senate, or by the President alone, or by the courts of law or the heads of the departments.