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128. The district attorneys, collectors of the customs, naval officers, and surveyors of the customs, navy agents, receivers of public moneys for lands, registers of the land offices, paymasters in the army, the apothecaries general, the assistant apothecary general, and the commissary general of pur. chases, shall be appointed for the term of four years, but shall be removable from office at pleasure (of the president.) (1).
129. The president may, in his discretion, regulate and increase the sums for which the bonds required, or which may be required by law to be given by the last above named officers, and by other officers employed in the disbursements of the public moneys, under the direction of the war and navy departments : and all bonds given in conformity with the regulations, (made by him) shall be as valid and effectual, to all intents and purposes, as if given for the sums respectively mentioned in the laws requiring the same.(2)*
130. The commissions of all officers employed in levying or collecting the public revenue shall be made out, and recorded in the treasury department, and the seal of that department shall be affixed thereto, but not until such commissions shall have been signed by the president.(3)
131. The president shall, from time to time, give to the congress information of the state of the union, and recornmend 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 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 law be faithfully executed, and shall commission all the officers of the United States.(4)
132. He shall in case of the prevalence of a contagious or epidemical disease at the seat of government, permit and direct the removal of any or all the public offices to such other place or places as in his discretion shall be deemed most safe and convenient for conducting the public business.(5)
In case of the removal of any public office, by reason of sickness which may prevail in the town or city where such office is located, a particular account of the cost of such removal shall be laid before congress, that they may be enabled to judge of the proper sum to be allowed for the same.(6)
(1) Act May 15th, 1820, sec. 1.
(4) Con. Art. 2. sec. 3.
• The claim of the United States upon an official bond, and upon all parties thereto, is not released by the laches of the officer to whom the assertion of this claim is entrusted by law. Such laches have no effect whatever on the rights of the United States, as well against the sureties, as the principal in the bond.-Dox & al. v. the postmaster general, 1 Pet. 318.
A bond voluntarily given to the United States, and not prescribed by law, is valid against the parties. The United States have, in their political capacity, a right to enter into a contract, or to take a bond in cases not previously provided by law. Such bond, taken by authority of the proper officers of the treasury, to whom the disbursement of public money is entrusted, to secure the fidelity in official duties of a receiver or an agent for disbursing public moneys, is a binding contract between him and his sureties and the United States, although such bond may not be prescribed or required by any positive law. But no officer of the government has a right, by colour of his office, to require from any subordinate officer, as a condition of his holding his office, that he should execute a bond with a condition different from that prescribed by law.-U. S. v. Tingey, 5 Peters, 115.
133. He is authorized, to send out a surveying and exploring expedition to the Pacific ocean and the South seas, and for that purpose to employ a sloop of war, and to purchase or provide such other smaller vessels as may be necessary and proper to render the said expedition efficient and useful, and for this purpose the sum of one hundred and fifty thousand dollars are appropriated, and in addition thereto, if necessary, he is authorized to use other means in the control of the Navy Department, not exceeding one hundred and fifty thousand dollars for the objects required.(1)
134. He is authorized to constitute and appoint an agent or agents, to assert and prosecute for and in behalf of the United States, and in their name, or otherwise, as may be advisable, in the Court of Chancery, or other proper tribunal of England, the right of the United States to the legacy bequeathed to them by the last will and testament of James Smithson, late of London, deceased, for the purpose of founding at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men: and to empower such agent or agents, so appointed, to receive and grant acquittances for all such sum or sums of money, or other funds, as may or shall be decreed or adjudged to the United States, for, or on account of, said legacy.(2)
The said agent or agents shall, before receiving any part of the said legacy, give a bond or bonds, in the penal sum of five hundred thousand dollars, to the treasurer of the United States, and his successors in office, with good and sufficient securities to the satisfaction of the secretary of the treasury, for the faithful performance of the duties of the said agency, and for the faithful remittance to the treasurer of the United States, of all and every sum or sums of money, or other funds, which he or they may receive, for pay. ment in whole or in part of the said legacy. And the treasurer of the United States is authorized and required to keep safely all sums of money or other sunds which may be received by him in virtue of the said bequest, and to account therefor separately from all other accounts of his office, and subject to such further disposal thereof as may be hereafter provided by congress.(3)
That any and all sums of money, and other funds, which shall be received for, or on account of, the said legacy, shall be applied in such manner as congress may hereafter direct, to the purpose of founding and endowing at Washington, under the name of the Smiihsonian Institution, an establishment for the increase and diffusion of knowledge among men; to which application of the said moneys, and other funds, the faith of the United States is hereby pledged.(4)
To the end that the claim to the said bequest may be prosecuted with effect, and the necessary expenses in prosecuting the same be defrayed, the president is authorized to apply to that purpose, any sum not exceeding ten thousand dollars, out of any moneys in the treasury not otherwise appropri. ated.(5)
To aid the executive in the administration of the government and laws of the United States, the following departments have been established, viz: The departments of state, of the treasury, of the general land office, of war, of the navy, of the post-office: the officers of these departments, together
(1) Act 14th May, 1836, sec. 2.
(4) Act 1st July, 1836, sec. 3.
with the attorney general, form the principal home ministers of the executive. *
The foreign ministers and agents of a permanent character, are ambassadors, charges des affaires, and consuls.
OF THE DEPARTMENT OF STATE.
How organized-duty of secretary 135 Secretary to publish amendments to
137 - to print and distribute laws of Secretary to keep seal of U. S. and each session
affix it to commissions : 138 Manner of contract for printing Description of seal
139 pamphlet laws Seal of department-use of 140 Compensation to printers of newsFees in secretary's office
141 papers publishing the laws Salary of secretary
142 Secretary to cause biennial register Secretary, &c. to report to congress
to be compiled-how the names, &c. of clerks employed 143 Distribution of such register Secretary to have custody of book, Secretary to procure laws of the
states - to receive laws enacted 145 Vacancy in office of secretary, &c. - to publish public laws and how filled treaties in newspapers
146 Secretary to transmit free of postage
ART. 135. There shall be an executive department denominated the department of state: and a principal officer therein, called the secretary of state, who shall perform such duties as shall be enjoined on, or intrusted to him by the president, agreeably to the constitution, relative to the correspondences, commissions or instructions, to or with public ministers or consuls from the United States, or to negotiations with foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the president of the United States shall assign to such department. The secretary shall conduct the business of his department in such manner as the president shall, from time to time, order or instruct.(1)
136. The secretary of state and every person to be appointed or employed in his department, shall, before he enters on the execution of his office or employment, take an oath or affirmation, well and faithfully to execute the trust committed to him.(2)
137. There shall be in such department an inferior officer, to be appointed by the secretary, and employed therein, as he shall deem proper, to be called
(1) Act 27th July, 1789.–15th Sep. tember, 1789, sec. 1.
(2) Act 27th July, 1789, sec. 3.
• The official deeds of the head of a department are not cognizable by a court of justice, whilst acting as the organ of the president in the exercise of the political discretion vested in him by the constitution and laws. But when the legislature imposes other duties upon the head of a department, when by law he is required to do certain acts, affecting the rights of individuals, he is the officer of the law and amenable thereto.-Marbury v. Madison, 1 Cranch, 137.
For provisions relating to patent office, attached to department of state, see infra
the chief clerk in the department of state, who, when the secretary shall be removed from office, by the president, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books, and papers, appertaining to such department.(1)
138. The secretary of state shall keep the seal of the United States : and shall make out and record, and affix such seal to, all civil commissions to officers of the United States, to be appointed by the president, by and with the advice and consent of the senate, or by the president alone : but such seal shall not be affixed to any comioission before it' shall have been signed by the president, nor to any other instrument or act, without his special war. rant therefor.(2)
139. The seal used by the United States in congress assembled, shall be the seal of the United States, viz:
Arms, paleways of thirteen pieces argent and gules; a chief azure; the escutcheon on the breast of the American eagle displayed proper, holding in his dexter talon an olive branch, and in his sinister, a bundle of thirteen arrows, all proper, and in his beak a scroll, inscribed with this motto, “E pluribus unum."
For the CREST: over the head of the eagle, which appears above the escutcheon, a glory, or breaking through a cloud, proper, and surrounding thirteen stars, forming a constellation argent on an azure field.
REVERSE: A pyramid unfinished. In the zenith an eye in a triangle, surrounded with a glory proper: over the eye, these words, “Annuit cæptis." On the base of the pyramid the numerical letters MDCCLXXVI; and underneath, the following motto, “ Novus ordo Seclorum.”(3)
140. The secretary of state shall cause a seal of office to be made for his department, of such device as the president of the United States shall approve, and all copies of records and papers in his office, authenticated under such seal, shall be evidence equally as the original record or paper.(4)
141. There shall be paid to the secretary, for the use of the United States, the following fees of office, by the persons requiring the services to be performed, except when they are performed for any officer of the United States, in a matter relating to the duties of his office, to wit: for making out and authenticating copies of records, ten cents for each sheet containing one hundred words; for authenticating a copy of a record, or paper, under seal of office, twenty-five cents.(5)
142. The salary of the secretary of state shall be six thousand dollars per annum, commencing on the first day of January, and payable quarterly:(6)
143. The secretaries for the departments of state, treasury, war, and navy, the commissioners of the navy, and the postmaster-general, shall report to congress, at the beginning of each year, the names of the clerks they have employed in the preceding year, together with the time each was actually employed during the year, and the sums paid to each : and no higher or ather allowance shall be made to any clerk in such departments than is authorized by law.(7)
144. The secretary of state shall have the custody of all books, records, and papers, formerly in the office of secretary for the department of foreign affairs, heretofore established by the United States in congress assembled ; except such books, records, and papers as may appertain to the treasury or war department, which shall be delivered over to the principal officers in such departments, respectively, as the president shall direct.(1)
(1) Act 27th July, 1789, sec. 2. (2) Act 15th Sept. 1789, sec. 4.
13) Resolution of congress, June 20, 1782.-Act 15th Sept. 1789, sec. 3.
(4) Ibid. sec. 5.
145. Whenever a bill, order, resolution, or vote of the senate and house of representatives, having been approved and signed by the president of the United States, or not having been returned by him with his objections, shall become a law, or take effect, it shall forthwith thereafter be received by the secretary of state, from the president: and whenever a bill, order, resolution; or vote, shall be returned by the president with his objections, and shall, on being reconsidered by congress, become a law, or take effect, it shall be received by the secretary from the president of the senate, or the speaker of the house of representatives, in whichsoever house it shall have last been approved.(2)
146. The secretary shall, as soon as conveniently may be, after he shall receive any order, resolution, or law, passed by congress, except such as are of a private nature, cause it to be published in a number of public news, papers, not exceeding one in the District of Columbia, nor more than three in each of the several states and territories. And he shall cause to be pub. lished in like manner, all public treaties ratified by the United States, except Indian treaties, which shall be published in one newspaper only, within the limits of the state, or territory to which the subject matter of such treaty shall belong.(3)
147. He shall, whenever official notice shall have been received, at the department of state, that any amendment which has been, or may be, proposed to the constitution of the United States, has been adopted according to the provisions of the constitution, forthwith cause such amendment to be published in the newspapers authorized to promulgate the laws, with his certificate, specifying the states by which the same may have been adopted, and that the same has become valid, to all intents and purposes.(4)
148. He shall cause to be published at the close of every session of con. gress, and as soon as practicable, eleven thousand copies of the acts of congress at large, including all resolutions passed by congress, amendments to the constitution adopted, and all public treaties made and ratified since the then last publication of the laws, with an alphabetical index thereto. Such copies shall be printed on paper, and in the size of the sheet and type to correspond with the revised edition of the laws, published by Bioren & Co., and shall be distributed under the direction of the secretary of state, or such officer as he shall appoint for that purpose, in the following manner: To every person who has been president of the United States, one copy, during their respective lives; to the president, and any future president and vicepresident, one copy to each during their lives; one copy to the actual president and vice-president, to be deemed appurtenant to their offices respect. ively; to each member of the sepate and house of representatives and to each delegate in congress from any territory, one copy each; twenty copies to the secretary of the senate, and fifty copies to the clerk of the house of representatives, for the general use of the committees and members of the respective houses; to the judges and clerks of the Supreme and District Courts, and to the marshal and attorney of each district, or section of a dis.
(1) Act July 27, 1789, sec. 4.
Sept. 15, 1789, sec. 7. (2) Ibid. sec. 2.
(3) Ibid. Act May 11, 1820, sec. 1.