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PART II

DEPARTMENT OF STATE

21 *

THORPE DEPT.PRAO.

CHAPTER 3

DEPARTMENT OF STATE 1. Mission

The Department of State, under the direction of the President, conducts the correspondence with the public ministers and the consuls of the United States and with the representatives of foreign powers accredited to the United States, and is charged with the negotiations of whatever character relating to the foreign affairs of the United States. It is also the medium of correspondence between the President and the chief executives of the several states of the United State, and has the custody of the great seal ? of the United States, which is affixed to all executive proclamations, to various commissions, and to warrants for the extradition of fugitives from justice. The department has custody of the treaties made with foreign states, and of the laws of the United States, and publishes the laws and resolutions of Congress, amendments to the Constitution, and proclamations declaring the admission of new states into the Union. grants and issues passports and exequaturs to foreign consuls in the United States.

2. History

Before the formation of the Union, several of the colonies had agents in England. They were called “friends of American liberty." To them was sent the loyal address, adopted by the Continental Congress in 1774, for presentation to the King, asking him to recall unjust and oppressive measures. The efforts of the American agents, among whom were Benjamin Franklin and Arthur Lee, having failed, the Congress had to choose its next course of action in the drift toward revolution. An important means of rebellion was provided in the selection, November 29, 1775, of a Committee of Secret Correspondence, with Benjamin Franklin as chairman, and Benjamin Harrison, Thomas Jefferson, John Dickinson, and John Jay as members. This was really a Committee of Foreign Affairs. It got in touch with Arthur Lee, who was instructed to communicate with the French Minister of Foreign Affairs, and thus was found the way to the French alliance. The title of the committee, which by 1777 had lost its importance, was changed to "Committee of Foreign Affairs" on April 17th of that year. This, too, sank into near oblivion, and in August 10, 1781, a Department of Foreign Affairs was organized. The "Secretary to the United States for Foreign Affairs” in 1783 had a salary of $4,000 per annum, while Franklin, Adams, Jay, Jefferson, and Laurens, as ministers plenipotentiary abroad, received more than $11,000. The new government under the Constitution assembled in New York early in April, 1789. After Washington had been elected President and John Adams Vice President, the business of providing executive departments was taken up, and the first one considered was a Department for 34. Contract; Signing and Reducing to Writing

1R. S. & 202 (Comp. St. § 300). 2 R. S. $ 203 (Comp. St. § 301).

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any person proposed for transfer must have received absolute appointment and must have actually served for at least six months next preceding transfer. 38. Voluntary Service Not Acceptable

No department or officer of the United States may accept voluntary service for the government or engage service in excess of that authorized by law, except in case of sudden emergency involving loss of human life or destruction of prop

erty: 56

39. Attorney Disqualified to Act as Notary

A notary appointed in one of the states is not authorized to certify in his official capacity to an instrument filed by him in one of the departments as attorney for the party to whom he has administered the oath; and when such an instrument is in opposition to an application for registration of a trade-mark, a demurrer thereto on such ground will be sustained, and the opposition dismissed. 57 40. Budget Officer

A budget officer for each department and establishment is required to be designated by the head of such department or establishment.58 41. Bureau of the Budget; Information for

Under regulations prescribed by the President, (1) every department and establishment must furnish the Bureau of the Budget such information as the bureau may from time to time require, and (2) the personnel of the Bureau of the Budget, when duly authorized, has access to, and the right to examine, any books, documents, papers, or records of any such department or establishment for the purpose of securing information for the preparation of the budget.59 42. Comptroller General; Information for

All departments and establishments are required to furnish the Comptroller General such information regarding the powers, duties, activities, organization, financial transactions, and methods of business of their respective offices as he may from time to time require, and the Comptioller General is authorized to have access to obtain such information.60 43. Copies of Departmental Records; Evidence

Copies of any books, records, papers, or documents in any of the executive departments authenticated under the seals of such departments, respectively, are admissible in evidence equally with the originals thereof.61 This does not include every paper on file but only such as were made by an officer or agent of the government in the course of his official duty. 62

56 Act May 1, 1884 (23 Stat. 17).

57 Hall's Safe Co. v. Herring-Hall-Marvin Safe Co., 31 App. D. C. 498. See Code D. C. $ 555 (31 Stat. 1279, c. 854, and 34 Stat. 6:22).

58 Act June 10, 1921, $ 214 (42 Stat. 23 (Comp. St. Ann. Supp. 1923, $ 40044h]).
59 Act June 10, 1921, $ 213 (42 Stat. 23 (Comp. St. Ann. Supp. 1923, § 4001428g]).
60 Act June 10, 1921, $ 313 (42 Stat. 26 [Comp. St. Ann. Supp. 1923, $ 400 %g]).
61 R. S. S 882 (Comp. St. § 1494).
62 Block's Case, 7 Ct. Cl. 406.

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