TITLE V THE DEPARTMENT OF STATE Sec. Sec. 296. Omitted. 297. Salaries of Secretary, Assistant 298. Distribution of duties of officers, 306. Reports of foreign regulations of 308. Copies of acts and treaties fur- 309. Passports. 310. Fees for copies of records. § 284. (R. S. § 199.) Establishment of the Department of State. There shall be at the seat of Government an Executive Department to be known as the Department of State, and a Secretary of State, who shall be the head thereof. Act July 27, 1789, c. 4, § 1, 1 Stat. 28. Act Sept. 15, 1789, c. 14, § 1, 1 Stat. 68. Notes of Decisions Acts establishing department.-The "Department of Foreign Affairs," with a principal officer therein, to be called the "Secretary for the Department of Foreign Affairs," was established by Act July 27, 1789, c. 4, 1 Stat. 28, and was denominated the "Department of State," and the principal officer was to be called the "Secretary of State," by Act Sept. 15, 1789, c. 14, § 1, 1 Stat. 68. In re Hennen (1839) 13 Pet. 230, 259, 10 L. Ed. 138; (1854) 6 Op. Atty. Gen. 583, 587; (1855) 7 Op. Atty. Gen. 453, 460. Nothing was said in the act establishing the department as to the method of appointing the Secretary; the matter was left to the provision of the Constitution, art 2, § 2, which vests the power of appointment in the President. (1884) 18 Op. Atty. Gen. 58. Cited without definite application, U. S. ex rel. Boynton v. Blaine (1891) 11 Sup. Ct. 607, 612, 139 U. S. 306, 35 L. Ed. 183. § 285. (Act Feb. 17, 1909, c. 137, § 1.) Salary of Secretary of State. That section four of the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eight, and for other purposes," approved February twenty-sixth, nineteen hundred and seven, fixing the annual compensation of heads of executive departments, be, and the same is hereby, repealed in so far as the same relates to the annual compensation of the Secretary of State; and the annual compensation of the Secretary of State shall be at the rate of eight thousand dol lars. (35 Stat. 626.) This section and the section next following were sections 1 and 2 of an act entitled "An act in relation to the salary of the Secretary of State," which, by section 3 thereof, was to take effect and be in force from and after March 4, 1909. Section 4 of Act Feb. 26, 1907, c. 1635, which fixed the compensation of the heads of Executive Departments who are members of the President's Cabinet at the rate of $12,000 per annum each, and which was repealed in part by this act, is set forth ante, § 36. An appropriation of $8,000 for compensation of the Secretary of State, was made for the fiscal year 1910, accompanied with provisions similar to those of this act, by Act March 4, 1909, c. 297, § 1, post, § 287, and a like appropriation was made for the fiscal year 1911, by Act June 17, 1910, c. 297, § 1, 36 Stat. 483. But the sum of $12,000 was appropriated for the Secretary of State for subsequent years. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, post, § 297. See notes to said § 297, post. § 286. (Act Feb. 17, 1909, c. 137, § 2.) Emoluments of office of Secretary of State. On and after March fourth, nineteen hundred and nine, there shall be no emoluments attached to the office of Secretary of State other than those which by the law in force on the first day of May, nineteen hundred and four, belonged and were then attached to said office. (35 Stat. 626.) See notes to preceding section. § 287. (Act March 4, 1909, c. 297, § 1.) Compensation of Secretary of State. For compensation of the Secretary of State, eight thousand dollars, and the annual compensation of the Secretary of State, including all emoluments or allowances fixed by law, except such as were fixed by law prior to the twenty-sixth day of February, nineteen hundred and seven, after the third day of March, nineteen hundred and nine, is hereby fixed at eight thousand dollars, and all laws or parts of laws providing different compensation, emoluments, or allowances, are hereby repealed, to take effect on the third day of March, nineteen hundred and nine. (35 Stat. 861.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1910, cited above. It was accompanied by a provision of a temporary nature making available the unexpended balance of the appropriation of $12,000 for the fiscal year 1909, to pay the salary at the rate of $8,000 per annum until June 30, 1909. Previous provisions similar to those set forth here were made by Act Feb. 17, 1909, c. 137. See notes to section 1 of that act, ante, § 285. See notes to § 297, post. § 288. (R. S. § 200.) ries of State. There shall be in the Department of State an Assistant Secretary of State, and a Second Assistant Secretary of State, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of [six thousand dollars] a year, to be paid monthly. Assistant and Second Assistant Secreta Act March 3, 1853, c. 97, § 6, 10 Stat. 212. Act July 25, 1866, c. 233, § 2, 14 Stat. 226. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. The salaries of the Assistant Secretary and Second Assistant Secretary, having been increased from $3,500 to $6,000 each by the provision of Act March 3, 1873, c. 226, § 1, incorporated into this section of the Revised Statutes and cited above, were reduced to $3,500 each, and the words of this section inclosed in brackets "six thousand dollars," were superseded, by the repeal of so much of that act as increased the amount, by Act Jan. 20, 1874, c. 11, 18 Stat. 4. The appointment of an additional Assistant Secretary, with like compensation, was authorized by Act June 20, 1874, c. 328, § 1, post, § 289. Subsequent appropriations were for increased amounts. The provisions for the fiscal year 1917 were for Assistant Secretary, $5,000, Second and Third Assistant Secretaries, $4,500 each, by Act May 10, 1916, c. 117, § 1, post, § 297. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof is required, unless otherwise directed, to perform the duties of the head of such Department until a successor is appointed, or such absence or sickness shall cease, by R. S. § 177, set forth ante, § 259. In case of the death, resignation, absence, or sickness of the head of any Department, except where the Attorney General is concerned, the President may authorize and direct the head of any other Department or any officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease, by R. S. § 179, also set forth ante, § 261. See notes to § 297, post. Cited without definite application, McCollum v. U. S. (1881) 17 Ct. Cl. 92, 101. § 289. (Act June 20, 1874, c. 328, § 1.) Third Assistant Secretary of State. For compensation of * * two Assistant Secretaries of State, at three thousand five hundred dollars each; and one additional Assistant Secretary of State, with like compensation, to be appointed by the President, by and with the advice and consent of the Senate, to be known as the Third Assistant Secretary of State. (18 Stat. 90.) These were provisions of the legislative, executive, and judicial appropriation act for the fiscal year 1875, cited above. The appointment of an Assistant Secretary and a Second Assistant Secretary, for whose compensation the appropriation in the first clause of this paragraph was made, was authorized by R. S. § 200, ante, § 288. The compensation of the Assistant Secretaries was increased by subsequent appropriation acts. See notes to R. S. § 200, ante, § 288, post, § 297. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, post, § 297. § 290. (R. S. § 201.) Subordinate officers, etc. There shall be in the Department of State: One chief clerk, at a salary of two thousand five hundred dollars a year. Two chiefs of the Diplomatic Bureaus, at a salary of two thousand four hundred dollars a year, each. Two chiefs of the Consular Bureaus, at a salary of two thousand four hundred dollars a year, each. Chief of the Bureau of Accounts, at a salary of two thousand four hundred dollars a year: Chief of the Bureau of Indexes and Archives, at a salary of two thousand four hundred dollars a year. One disbursing clerk. Act March 3, 1855, c. 175, § 4, 10 Stat. 669. Act May 22, 1872, c. 194, 17 Stat. 145. Act March 3, 1873, c. 226, § 3, 17 Stat. 508. This section enumerated the subordinate officers in the Department, and their salaries, at the time of the compilation of the Revised Statutes, as authorized by the then existing statutes, cited above. But the officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, § 249. Subsequent appropriation acts provide for officers and clerks and for salaries different from those fixed by the above section. The appropriations for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, post, § 297. For the chief clerk, recent appropriations are $3,000, accompanied by a provision that he "shall sign such official papers and documents as the Secretary of State may direct." The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, post, § 297. The appointment of the chief of the Bureau of Accounts disbursing clerk of the Department was authorized by a provision of Act March 3, 1875, c. 129, § 1, post, § 291, and thereafter, instead of an appropriation for such clerk, an additional sum was appropriated for the chief of said Bureau as disbursing clerk. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, post, § 297. In addition to the bureaus mentioned in this section a Bureau of Statistics was established in the Department, the name of which was changed to Bureau of Foreign Commerce, pursuant to a provision of Act Feb. 20, 1897, c. 268, 29 Stat. 590. It was transferred to the Department of Commerce, and consolidated with the Bureau of Statistics, transferred from the Treasury Department, to constitute one bureau, to be called the Bureau of Statistics, in the Department of Commerce, by provisions of the act establishing that Department, Act Feb. 14, 1903, c. 552, § 4, post, § 857. Thereafter the Bureau of Manufactures in that Department and said Bureau of Statistics were consolidated into one Bureau, to be known as the Bureau of Foreign and Domestic Commerce, by a provision of Act Aug. 23, 1912, c. 350, § 1, post, § 873. Besides said bureaus, also, the appointment of a person, to be designated by the Secretary of State, to prepare information for transmission to the Secretary of Commerce, such person to have the rank and salary of a chief of bureau, and to be furnished with clerical assistants, was authorized by Act Feb. 14, 1903, c. 552, § 11, post, § 292. For chiefs of bureaus, recent appropriations are for two at $2,250 each and five at $2,100 each. The provisions for the fiscal year 1917 were by Act: May 10, 1916, c. 117, § 1, post, § 297. An Examiner of Claims for the Department of State, in the Department of Justice, was provided for by R. S. § 349, post, § 521. The designation of the office was changed to Solicitor for the Department of State by a provision of Act March 3, 1891, c. 541, § 1, post, § 523. An assistant solicitor for the Department was authorized by appropriations in Act April 17, 1900, c. 192, § 1, 31 Stat. 97, and in subsequent similar acts. Two assistant solicitors were authorized by a provision of Act June 22, 1906, c. 3514, § 1, post, § 294, which was repeated in subsequent acts. A law clerk, and assistant, to edit the laws of Congre and perform other duties, were authorized by provisions of Act Feb. 25, 1903, c. 755, § 1, post, § 295, and subsequent acts. An appropriation for two clerks, to be employed by the Department of State, and to be charged with the distribution of information among the diplomatic missions, made by a provision of Act March 2, 1909, c. 235, 35 Stat. 675, was repeated, as a separate provision, in the subsequent legislative, executive and judicial appropriation acts, down to and including the act for the fiscal year 1914, Act March 4, 1913, c. 142, § 1, 37 Stat. 750. This appropriation was omitted in the subsequent legislative, executive, and judicial appropriation acts. An appropriation for expenses in connection with foreign trade relations within the jurisdiction of the Department, and for the maintenance of a division of far eastern affairs in the Department, including the payment of necessary employés, was made by a provision of Act Aug. 5, 1909, c. 7, post, § 293. For the fiscal year next following, ending June 30, 1911, appropriations were made, in the legislative, executive, and judicial appropriation act for that year, Act June 17, 1910, c. 297, § 1, 36 Stat. 484, under a separate heading, “Advancement of Commercial and Other Interests as Provided in the Act Approved August 5, 1909," for a Director of the Consular Service, a Counselor for the Department of State and a Resident Diplomatic Officer, to be appointed by the Secretary of State in accordance with said Act of Aug. 5, 1909, eight officers to be appointed in like manner and to be employed as chief of division or otherwise in connection with foreign relations an assistant solicitor, a law clerk, clerks of various classes and other employés, and for expenses under the provisions of said Act of Aug. 5, 1909. Substantially the same provisions were made in the similar act for the fiscal year 1912, Act March 4, 1911, c. 237, § 1, 36 Stat. 1186. But these provisions for appointment of the officers, etc., mentioned were superseded by the provisions, similar to a great extent, accompanying the appropriations for subsequent years, which were not placed under a separate heading of the appropriation acts, but were incorporated with the appropriations for the officers, clerks, etc., of the Department generally. The provisions so made for the fiscal year 1913, by Act Aug. 23, 1912, c. 350, § 1, 37 Stat. 372, were repeated, with some changes, retaining the additional assistant solicitor and law clerk, in the appropriations for the fiscal year 1917, by Act May 10, 1916, c. 117, § 1, post, § 297. Provisions applicable to all the Departments, as to the employment of clerks and others, are contained in R. S. § 169, and Act Aug. 5, 1882, c. 389, § 4, ante, §§ 248, 249. Provisions applicable to all the Departments, as to the duties of chief clerks and disbursing clerks, are contained in R. S. §§ 173, 174, 176, ante, §§ 255, 256, 258. No personal services are to be employed in the Department or in connection with it in the District of Columbia, other than those specifically authorized or appropriated for, by a provision of Act June 22, 1906, c. 3514, § 1, post, § 299. All laws or parts of laws inconsisent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, 3228a. The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b. Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a. Notes of Power to appoint chief clerk, chiefs of bureaus, etc.-The chief clerk and chiefs of bureaus, authorized by this section, and the translator in the State Department are all "clerks," within the meaning of R. S. § 169, ante, § 248, and are to be appointed by the Secretary of State. (1896) 21 Op. Atty. Gen. 363. The chiefs of bureaus in the department, which were originally established Decisions by departmental regulations and presided over by persons who were nominally, as well as actually, department clerks, were not taken out of the operation of said section 169, ante, § 248, by being mentioned by Congress in appropriation acts, or otherwise, as chiefs of bureaus, nor are they chiefs of bureaus within the meaning of R. S. § 178, ante, § 260. Id. § 291. (Act March 3, 1875, c. 129, § 1.) counts, disbursing clerk. Chief of Bureau of Ac The chief of the Bureau of Accounts may be appointed by the head of the Department disbursing-clerk of the Department of State. (18 Stat. 349.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1876, cited above. An additional appropriation for the Chief of the Bureau of Accounts as disbursing clerk is made annually. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, post, § 297. § 292. (Act Feb. 14, 1903, c. 552, § 11.) Chief of Bureau and assistants to prepare information pertaining to work of Department of Commerce. A person, to be designated by the Secretary of State, shall be appointed to formulate, under his direction, for the instruction of consular officers, the requests of the Secretary of Commerce and Labor; and to prepare from the dispatches of consular officers, for transmission to the Secretary of Commerce and Labor, such information as pertains to the work of the Department of Commerce and Labor; and such person shall have the rank and salary of a chief of bureau, and be furnished with such clerical assistants as may from time to time be authorized by law. (32 Stat. 830.)· This section was part of the act to establish the Department of Commerce, cited above, other provisions of which are set forth post, under Title XII A, "The Department of Commerce." § 293. (Act Aug. 5, 1909, c. 7.) Foreign trade relations; appropriations for expenses; statement of expenditures; estimates for further appropriations. Foreign trade and treaty relations: For defraying the necessary expenses incurred in connection with foreign trade relations which come within the jurisdiction of the Department of State, under tariff legislation and otherwise, and in the negotiation and preparation of treaties, arrangements, and agreements for the advancement of commercial and other interests of the United States, and for the maintenance of a division of far eastern affairs in the Department of State, including the payment of necessary employees, at the seat of government or elsewhere, to be selected, and their compensation fixed, by |