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CHAPTER IV.

DEPARTMENT OF STATE.

1. As the Chief Executive of a government cannot, for want of time, attend to all the details of the business belonging to his office, he, according to the usage of all times, appoints various officers to attend to the different branches of public business. In most countries these officers, who are next in importance to the chief of the government, are called Ministers. In accordance with the practice of using plain and simple terms which was adopted in this country at the beginning, they are called Secretaries. They are subordinates of the President and supposed to act in his name and under his direction.

2. They are not specially named in the Constitution, but are several times referred to as Heads of Departments, and thus it was assumed that there would be such offices and officers, and their appointment was provided for. The first Congress under the Constitution organized these Executive Departments, the President nominating and the Senate confirming the appointment of the more responsible officers.

3. The first of these in rank is called the Department of State, and its head is named the Secretary of State. He is, by a law passed in 1853, aided by an Assistant Secretary, appointed in the same manner as himself. The numerous under officers required by the extensive business falling to this department. are appointed by the Secretary at its head.

4. This Department has charge of such business as may arise between this government and the governments of other

countries. In most countries it is called the Department, or Ministry, of Foreign Affairs, but the term Department of State was preferred here. The great Seal of the United States is in his keeping, and it is his duty to affix it to all civil commissions given to officers of the United States who are appointed by the President and Senate, or by the President alone. It is his duty, under the supervision and control of the President, to conduct the correspondence with, and give instructions to, the Foreign Ministers, Consuls, and Agents of the government abroad, to take charge of the official business and intercourse of the government with the representatives of foreign governments sent to us, and to attend to such other business arising from our Foreign Relations as shall be committed to him by the President.

5. It is his duty to keep in his office the original copies of all acts, resolutions, and orders of Congress. He must deliver to each Senator and Representative in Congress, and to the Governor of each State, a printed copy of the same; and during the session of each Congress he must publish the acts and resolutions passed by it in one newspaper in the District of Colum bia, and in not more than two in each State and Territory of the United States. He must also publish in like manner all amendments of the Constitution, and all public treaties made and ratified between the United States and any foreign State, Prince, or Power, or with any of the Indian tribes.

And at the close of each session of Congress he must cause to be published 11,000 copies in book form of all the laws, etc., as before stated; and to distribute the same as directed by law to the President and Vice-President, and to every ex-President; to all the members of the Senate and House of Representatives; to all the heads of the various departments and bureaus; to all the Judges of the United States Courts, their Clerks and Marshals; to all our Foreign Ministers, Consuls, and Public Agents; in short, to all the important officers of the government at home and abroad; in order that all who are in government employ may know what the laws are, and what

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changes have been made in acts formerly existing. remaining copies are distributed to the States and Territories according to the number of Representatives in Congress from each of them.

7. It is also made the duty of the Secretary of State to give passports to our own citizens who wish to travel in foreign countries; to cause passports to be issued by such Diplomatic or Consular officers of the United States as the President shall direct; to give such information to our people throngh the newspapers as he may from time to time receive from our Diplomatic and Consular agents abroad, as he may deem important to the nation, respecting our commercial interests in foreign countries, and to prepare a form of passport for the ships and vessels of the United States.

8. In the execution of extradition treaties between us and foreign governments, it is lawful for the Secretary of State, under his hand and seal of office, to issue an order for the rendition of any person who has been found guilty of crime in a foreign country, to any properly authorized person; that such criminal may be taken out of the United States to the country where the crime was committed.

9. It will be seen that, in addition to the duties connected with our Foreign Relations, he is a kind of General Secretary of the Legislative branch of the government, which probably led to his being called Secretary of State rather than Secretary of Foreign Affairs. The highest officer, in most other governments, under the Executive, is commonly called Prime Minister; but he usually has care of the general interests of the government, internal as well as external, and the term would not be fitting to the Secretary of State.

Our Foreign Relations require to be managed with great wisdom and skill, since they often involve peace and war, and the general prosperity of the country. It therefore requires a man of great ability, and of extensive knowledge. He is a member of the Cabinet, and one of the advisers or counselors of the President. His appointment is for four years, or during

a Presidential term; but he may be removed by the President at any time, if he deems it advisable.

10. As a matter of historical reference, we append the names of all the statesmen who have filled this high office, commencing with the first, placing them in the order of the dates of their appointments, together with the States from which they came:

SECRETARIES OF STATE.
Thomas Jefferson, Va., Sept. 26th, 1789.
Edmund Randolph, Va., Jan. 2d, 1794.
Timothy Pickering, Mass., Dec. 10th, 1795.
John Marshall, Va., May 13th, 1800.
James Madison, Va., March 5th, 1801.
Robert Smith, Md., March 6th, 1809.
James Monroe, Va., April 2d, 1811.

John Quincy Adams, Mass., March 4th, 1817.
Henry Clay, Ky., March 7th, 1825.

Martin Van Buren, N. Y., March 6th, 1829.
Edward Livingston, La., May 24th, 1831.
Louis McLane, Del., May 29th, 1833.
John Forsyth, Ga., June 27th, 1834.
Daniel Webster, Mass., March 5th, 1841.
H. S. Legaré, S. C., May 9th, 1843.
A. P. Upshur, Va., June 24th, 1843.
John Nelson, Md., Feb. 29th, 1844.
John C. Calhoun, S. C., March 6th, 1844.
James Buchanan, Pa., March 5th, 1845.
John M. Clayton, Del., March 7th, 1849.
Daniel Webster, Mass., July 20th, 1850.
Edward Everett, Mass., Dec. 9th, 1851.
William L. Marcy, N. Y., March 5th, 1853.
Lewis Cass, Mich., March 6th, 1857.

Jeremiah S. Black, Pa., Dec. 14th, 1860.
William H. Seward, N. Y., March 5th, 1861.

Elihu B. Washburne, Ill., March 5th, 1869.
Hamilton Fish, N. Y., March 11th, 1869.

Hamilton Fish, N. Y., reappointed March 4th, 1873.

CHAPTER V.

OUR REPRESENTATIVES IN FOREIGN LANDS.

1. Nations have business with each other, as individuals have; and their governments employ agents to represent them and transact business in their name. By these means their political and commercial relations and intercourse are regulated, treaties are made, and any disputes that may arise between them settled. Officers of this character have been employed from very early times, and by all nations. They are considered to be clothed with the authority and dignity of the government they represent, and therefore the office has ever been held in great honor, and men most familiar with the affairs of their own nation, of most extensive knowledge, prudence, and wisdom, are supposed to be selected for so eminent a service.

2. By the law (or general consent) of nations ambassadors are exempt from arrest, imprisonment, or prosecution. Any interference with them in this way might hinder the execution of the duties assigned them, and be a great damage to the public welfare, and an offense of that kind committed against them is considered as a dishonor to the government whose agents they are. On the other hand they require much judgment and tact that their conduct may not bring discredit on their government. Their inviolable character is carried so far as to exempt their servants from arrest, and their property from seizure for debt. The law of Congress protecting the Representatives of foreign governments to this country is but a re-enactment, or acceptance, of what has been known as the Law of Nations for many centuries all over the civilized world.

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