58th Congress, 1 SENATE. /Document 3d Session. J I No. 196. EXECUTIVE REGISTER OF THE UNITED STATES 1789-1902 A list of the Presidents and their Cabinets, to which have been added the laws governing their election, appointment, qualification, and term of office, the electoral and popular vote at each election, and, as an appendix, literal copies of the Declaration of Independence, the Articles of Confederation, and the Constitution COMPILED BY ROBERT BRENT MOSHER WASHINGTON, D. C. L WASHINGTON GOVERNMENT PRINTING OFFICE 1905 58th Congress, 1 ■ SENATE. / Document Jd Session. J I No. 196. /'EXECUTIVE REGISTER UNITED STATES 1789-1903 A list of the Presidents and their Cabinets, to which have been added the laws governing their election, appointment, qualification, and term of office, the electoral and popular vote at each election, and, as an appendix, literal copies of the Declaration of Independence, the Articles of Confederation, and the Constitution COMPILED BY ROBERT BRENT MOSHER WASHINGTON, D. C. WASHINGTON GOVERNMENT PRINTING OFFICE 1905 vr^ February 24, 1905. Resolved by the Senate {the House of Representatives concurring). That there be printed from existing stereotype plates and bound in cloth 1,500 copies of the "Executive Register of the United States, 1789 to 1902," of which 500 copies shall be for the use of the Senate and 1,000 copies for the use of the House of Representatives. 19 AUG 1905 D. of D. PREFACE A compllete list of the heads of the executive departments from the beginning of the government, in 1789, to the pre- sent time does not exist even in the departments themselves, and it was the primary object of this publication to supply the need; but as the work progressed it seemed that its value as a book of reference would be materially enhanced if there should be added the constitutional provisions and the acts of Congress governing the election, qualification, and term of the President, and the appointment, qualifica- tion, and term of the heads of departments. There have also been included the electoral and popular vote at each election, the first acts providing for the several departments, and, as an appendix, literal copies of the Declaration of Independence, the Articles of Confederation, and the Con- stitution, from the originals in the archives of the Depart- ment of State. The dates of entry upon duty and termination of service of the members of the cabinet, which represent the actual beginning and close of their services in the departments, have been taken from the department records, contempor- ary newspapers, memoirs, biographies, and the correspond- ence of the forefathers. The term cabinet, which has no place in the Constitution or laws, has been popularly applied to the executive officers who are regularly consulted by the President. The Attor- ney General was included in this category from the begin- ning, although the Department of Justice was not estab- lished until 1870. The Postmaster General was not a mem- iv Peeface ber until 1829, and the Post Office Department was not established as an executive department until 1872; but as the office has always been a high one, not under the direction and control of any of the departments, it is included in this list. The order in which the departments appear follows the act of Congress providing for the Presidential succession in case of vacancy in the Presidency and Yice-Presidency; and, following the logic of Chief Justice Marshall's opinion of February 20, 1821, the commencement of the service of the Presidents is set down as of the date upon which the oath was administered. The popular vote for Presidential electors begins with the election of 1824, for the reason that until that year most of the State Legislatures " appointed " their electors, and there was no direct vote for them. EOBEET BkENT MoSHEK. Washington, D. C, January, 1903. CONTENTS PAGE Article II of the Constitution. The Executive 1 Article VI of the Constitution. Oath of office 4 Dates of Adoption and Ratification of the Constitution. 4 Journal of Congress, September 13, 1788. When the Con- stitution to go into effect 5 Washington's First Administration, 1789 to 1793 7 Electoral vote 8 His cabinet 9 Senate Journal, April 25 to 28, 1789. Oath of the Presi- dent 10 Senate Journal, April 30, 1789. Inauguration of the Presi- dent '. 11 Senate Journal, May 14, 1789. Title of the President 17 Act of June 1, 1789. Time and manner of administering oaths IS Act of July 27, 1789. Establishment of Department of Foreign Affairs 19 Act of August 7, 1789. Establishment of Department of War 20 Act of September 2, 1789. Establishment of Department of Treasury 21 Act of September 15, 1789. Establishment of Department of State 24 Act of September 22. 1789. Temporary establishment of Post Office 26 Act of September 24, 1789. Provision for Attorney Gen- eral 27 Senate Journal, May 14, 1790. Term of President — when it began 27 Act of August 4, 1790. Continuing temporary establish- ment of Post Office 29 Act of March 3, 1791. Continuing temporary establish- ment of Post Office 29 Act of February 20, 1792. Establishment of Post Office and Post Roads 30 Act of March 1, 1792. Provision for election of President and Vice-President, and for the temporary filling of vacancies . . . ^ 42 ^^ Contents PAGE Act of May 8, 1792. Vacancies in lieads of State, Treasury and War Departments, in cases of death, absence, or sickness. How to be filled temporarily 45 Washington's Second Administration, 1793 to 1797 47 48 Electoral vote ■ • ■ • Opinion of Cabinet as to manner of taking oath by the 4S President His cabinet Act of February 13, 1795. Vacancies in heads of State, Treasury, and War Departments. How to be filled temporarily "^^ Adams' Administration, 1797 to 1801 55 Electoral vote 56 His cabinet ^ ' Act of April 30, 1798. Establishment of Navy Depart- ment 5^ Act of March 2, 1799. Post Office. Assistant to perform duties in case of death, resignation, or removal of Postmaster General • • • 60 Jefferson's First Administration, 1801 to 1805 61 Electoral vote 62 Proceedings in the House of Representatives 62 His cabinet 64 Act of March 26, 1804. Supplementary provisions for election of President and Vice-President, and for the temporary filling of vacancies 66 Article XH of Amendments to the Constitution, pro- claimed September 25, 1804. President and Vice- President to be voted for separately 68 Jefferson's Second Administration, 1805 to 1809 71 Electoral vote 72 His cabinet 73 Madison's First Administration, 1809 to 1813 75 Electoral vote 76 His cabinet 77 Act of April 30, 1810. Post Office. Senior assistant to perform duties of Postmaster General in ease of death, resignation or removal 78 Madison's Second Administration, 1813 to 1817 81 Electoral vote 82 His cabinet 83 Monroe's First Administration, 1817 to 1821 87 Electoral vote 88 His cabinet 89 Contents vii PAGE Monroe's Second Adi^inistration, 1821 to 1825 91 Statement of the electoral vote 92 Counting the electoral vote 93 Letter of Chief Justice Marshall, February 20, 1821, giving his opinion as to President's oath when March 4 falls upon a Sunday. 93 His cabinet 95 Act of March 3, 1825. Post Office. Consolidation of pre- vious acts . . . > 96 John Quincy Adams' Administration, 1825 to 1829 99 Electoral and popular vote 100 Proceedings in House of Representatives. Election by States 101 His cabinet 102 Jackson's First Administration, 1829 to 1833 105 Electoral and popular vote lOG His cabinet 107 Resignation of Vice-President Calhoun 109 Jackson's Second Administration, 1833 to 1837 Ill Electoral and popular vote 112 His cabinet 113 Act of July 2, 1836. Post Office. First Assistant Post- master General to perform all the duties in case of death, resignation, or absence of Postmaster General. 115 Van Buren's Administration, 1837 to 1841 117 Electoral and popular vote 118 His cabinet 119 William H. Harrison's Administration, 1841 121 Electoral and popular vote 122 His cabinet 123 His death 124 Tyler's Administration, 1841 to 1845 127 His oath of office. The circumstances 128 His cabinet 130 Act of January 23, 1845. Establishing a uniform time for electors to vote for President and Vice-President 133 Polk's Administration, 1845 to 1849 135 Electoral and popular vote 136 His cabinet ■ . 137 Act of March 3, 1849. Establishment of Home Depart- ment, to be called the Department of the Interior 139 Taylor's Administration, 1849 to 1850 143 Electoral and popular vote 144 His cabinet 145 yiii Contents PAGE Fillmore's Administration, 1850 to 1853 147 His oath of office. The circumstances 148 His cabinet 1^^* Pierce's Administration, 1853 to 1857 153 Electoral and popular vote 154 His cabinet 1^^ Buchanan's Administration, 1857 to 1861 157 Electoral and popular vote 158 His cabinet 159 Lincoln's First Administration, 1861 to 1865 163 Electoral and popular vote 164 His cabinet 1^^ Act of February 20, 1863. Vacancy in head of any execu- tive department by death, resignation, absence or sickness. How filled temporarily 167 Lincoln's Second Administration, 1865. 169 Electoral and popular vote 170 His cabinet I'^^l Johnson's Administration, 1865 to 1869 173 His oath of office. The circumstances 174 His cabinet 177 Act of March 2, 1867. Tenure of civil offices 179 Act of July 23, 1868. Vacancies in heads of departments caused by death, resignation, absence or sickness. How to be filled. Repeals all previous laws for tem- porarily filling vacancies 183 Article XIV of Amendments to the Constitution. Rights of citizens. Proclaimed by Secretary of State July 28, 1868 184 Grant's First Administration, 1869 to 1873 187 Electoral and popular vote 188 His cabinet 189 Act of April 5, 1869. Tenure of office act amended 191 Article XV of Amendments to the Constitution. The right of citizens to vote not to be denied or abridged. Proclaimed March 30, 1870 193 Act of June 22, 1870. Establishment of Department of Justice , . . . 193 Act of May 23, 1872. Uniform time for holding elections for electors of President and Vice-President 199 Act of June 8, 1872. Establishment of Post Office Depart- ment .199 Grant's Second Administration, 1873 to 1877 : 201 Electoral and popular vote 202 His cabinet , 203 Contents ix PAGE Act of March 4, 1874. Chief Clerk, War Department, to sign requisitions, etc 206 Act of March 5, 1874. Oath of Postmaster General 206 Hayes' Administkation, 1877 to 1881 209 Electoral and popular vote 210 The Electoral Commission 211 Act of January 29, 1877. Counting of votes for President and Vice-President for term commencing March 4, 1877. Electoral Commission 212 Message of President, January 29, 1877, sent to the Senate with the electoral commission act approved same day. 218 His cabinet 221 Revised Statutes of the United States, 2d edition, 1878 223 Sees. 131 to 151. Presidential elections 223 Sec. 152. Term for which President elected. When it shall commence 227 Sees. 177 to 182. Vacancies in heads of departments How to be filled temporarily ; 227 Sec. 199. Establishment of Department of State 228 Sec. 214. Establishment of Department of War 228 Sec. 233. Establishment of Department of the Treas- ury 228 Sees. 346 and 347. Establishment of Department of Justice 228 Sec. 388. Establishment of Post Office Department.. 228 Sec. 391. Oath of office of Postmaster General 228 Sec. 415. Establishment of Department of the Navy. . 229 Sec. 437. Establishment of Department of the In- terior 229 Sees. 1756 to 1759. Oath of office 229 Sees. 1767 to 1772. Tenure of office act 230 Sec. 5520. Conspiracy to prevent support of any can- didate, etc 232 Garfield's Administration, 1881 233 Electoral and popular vote 234 His cabinet 235 His death 236 Arthur's Administration, 1881 to 1885 239 His oath of office. The circumstances 240 His cabinet 243 Act of August 5, 1882. Vacancy in head of War Depart- ment. President may authorize and direct command- ing general or chief of a military bureau to act tem- porarily 245 Act of May 13, 1884. Official oath, form of 246 X Contents PAGE Clea^eland's Fibst Administration, 1885 to 1889 247 Electoral and popular vote 248 His cabinet 249 Act of January 19, 1886. Vacancy in Presidency caused by removal, death, resignation, or inability both of the President and Vice-President. Who to act tem- porarily 251 Act of February 3, 1887. Presidential electors, when to meet. Provision for counting the votes 252 Act of March 3, 1887. Tenure of office act repealed 257 Act of October 19, 1888. Supplementary to electoral act of February 3, 1887 258 Act of February 9, 1889. Establishment of Department of Agriculture as an executive department 258 Benjamin Harrison's Administration, 1889 to 1893 261 Electoral and popular vote 262 His cabinet 263 Act of February 6, 1891. Vacancies in heads of depart- ments. How filled temporarily 265 Cleveland's Second Administration, 1893 to 1897 267 Electoral and popular vote 268 His cabinet 269 Act of February 8, 1894. Repeal of Sec. 5520, R. S. Elec- tion laws 271 McKinley's First Administration, 1897 to 1901 273 Electoral and popular vote 274 His cabinet 275 McKinley's Second Administration, 1901 279 Electoral and popular vote 280 His cabinet 281 Roosevelt's Administration, 1901 to 283 His oath of office. The circumstances 284 His cabinet 287 Appendix: Declaration of Independence 290 Articles of Confederation 295 Constitution of the United States 306 Index 333 EXECUTIVE REGISTER OF THE UNITED STATES 1789-1902 THE CONSTITUTION OF THE UNITED STATES. Article II. Section 1. (1) The executive Power shall he vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, he elected as follows: (2) Each State shall appoint, in such Manner as the Legis- lature thereof may direct, a Numher of Electors, equal to the whole Number of Senators and Eepresentatives to which the State may he entitled in the Congress: hut no Senator or Eepresentative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. [* The Electors shall meet in their respective States and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for Each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Eepresentatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than * This clause has been superseded by the 12th amendment. 2 Executive Register of the United States one who have such Majority, and have an equal Numher of Votes, then the House of Representatives shall immediately chuse'hy Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse- the President. But in chusing the President, the Azotes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Mem- bers from two-thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.] (3) The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. (4) No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this ■ Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. (5) In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a Presi- dent shall be elected. (6) The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased n'Or diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. The Constitution of the United States 3 (7) Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: — " I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will. to the best of my Ability, preserve, protect and defend the Constitution of the United States." Section 2. (1) The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Eeprieves and Pardons for Offences against the United States, except in Cases of Impeachment. (2) He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two- thirds of the Senators present concur; and he shall nomi- nate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Con- suls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the Presi- dent alone, in the Courts of Law, or in the Heads of Depart- ments,. (3) The President shall have Power to fill up all Vacan- cies that may happen during the Eecess of the Senate, by granting Commissions which shall expire at the End of their next Session. Section 3. He shall from time to time give to the Con- gress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge neces- sary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Dis- agreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he 4 Executive Eegistee of the UisriTED States shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faith- fully executed, and shall Commission all the Officers of the United States. Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of. Treason, Bribery, or other high Crimes and Misdemeanors. Article VI. ******* The Senators and Kepresentatives before mentioned, and the members of the several State legislatures, and all execu- tive and judicial officers, both of the United States and of the several States, shall be bound, by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. The Constitution was adopted by the Convention on the 17th of September, 1787, in pursuance of the resolution of the CongTess of the Confederation of the 31st of Feb- ruary, 1787, and was ratified by the Conventions of the several States, as follows, viz.: Delaware, on the 7th December, 1787. Pennsylvania, " 12th December, 1787. New Jersey, " 18th December, 1787. Georgia, " 2nd January, 1788. Connecticut, " 9th January, 1788. Massachusetts, " 6th February, 1788. Maryland, " 28th April, 1788. South Carolina, " 23d May, 1788. New Hampshire, " 21st June, 1788. Virginia, " 26th June, 1788. New York, " 26th July, 1788. North Carolina, " 21st November, 1789. Rhode Island, " 29th May, 1790. The Constitution of the United States 5 JOURNALS OF CONGRESS. Saturday, September 13, 1788. — " Whereas the conven- tion assembled in Philadelphia, pursuant to the resolution of Congress of the 21st of February, 1787, did, on the 17th of September in the same year, report to the United States in Congress assembled, a constitution for the people of the United States; whereupon Congress, on the 28th of the same September, did resolve unanimously, ' That the said report, with the resolutions and " letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates, chosen in each state by the people thereof, in conformity of the resolves of the convention made and provided in that case: ' And whereas the constitution so reported by the convention, and by Congress transmitted to the several legislatures, has been ratified in the manner therein declared to be sufficient for the establishment of the same, and such ratifications, duly authenticated, have been received by Congress, and are filed in the office of the secretary; therefore, Resolved, That the first Wednesday in January next, be the day for appointing electors in the several states, which, before the said day, shall have ratified the said constitution; that the first Wednesday in February next, be the day for the electors to assemble in their respective states, and vote for a president; and that the first Wednesday in March next, be the time, and the present seat of Congress the place for commencing proceedings under the said constitution." (Journals of Congress, Vol. XIII,, p. 105). THE ADMINISTEATION GEORGE WASHINGTON FIRST TERM April 30, 1789, to March 3, 1793 S. Doc. 196, 58-3—05 2 Executive Register of the United States p p^ ^ HH 1—1 !zi ir' P g [^ <1 W EH tf CO ^ (i O ^4 M H H ^ «1 M H g P 1— 1 ^ 02 W a 1 -^^ o M O '"' o ►-^ ^i p^ m > H o §5 H rt l-q o < M 'A o o M H H n o m H h-! l-q w s •s:j79snqoT3SST3j\[ jo •mSjlOQQ JO 'JIBJ19X pJ13Aipa •T31.3.IOaf) JO 'Suoajsnijy ■sv£ ■mSjQOQ JO •■BUTICIBO -g JO •2tJ0i M.Qi^ JO *no^ui70 eSj08Q •pn^iA'JBH JO 'UOSTJJBJJ "H 'H •eq.j9snqoBSSBi,\[ jo '5[oooii'BH uqof •Jiaoi jiiajSE Jo ^£V£ uqof CO • <-* •jnoT^OGunoQ jo 'noxjSiii:junH LIST'S •sjjasnqoTJSSBj^ jo 'Sui'Bpy nqof •Bint.oJtA JO 'uoj.SniqsB^ q JO aoqninjsi lO O I- CO O CO CO O I- lO £"1 CO p »0 O I- O O CO CO o t~ io The Administkation op George Washington 9 Geoege Washington, Virginia. John Adams, Massachusetts. Apiil 30, 1789, to March 3, 1793. Seceetart of State. John Jay, of New York, Secretary for Foreign Affairs under the Confederation, continued at the head of the State Department, at the request of Washington, until Jefferson arrived in New York on March 21, 1790. Thomas Jeffeeson, of Virginia, nominated September 25, 1789; confirmed and commissioned September 26, 1789; entered upon duties March 22, 1790, and served through remainder of tlie administration. Seceetary of the Teeasuey. Alexandee Hamilton, of New York, nominated, confirmed, and commissioned September 11, 1789; entered upon duties same day; sei*ved througli remainder of the administration. Seceetaey of Wae. Heney Knox, of Massachusetts, nominated September 11, 1789; confirmed and commissioned September 12, 1789; entered upon duties same day; served through remain- der of the administration. Attoeney Geneeal. Edmund Eandolph, of A-^irginia, nominated September 25, 1789; confirmed and commissioned September 26, 1789; entered upon duties February 2, 1790; served through remainder of the administration. 10 Executive Eegistek of the United States POSTMASTEE GeNEKAL. Samuel Osgood, of Massachusetts, nominated September 25, 1789; confirmed and commissioned September 26, 1789; entered upon duties same day; resigned July 11, 1791, and served to August 19, 1791. Timothy Pickeeing, of Pennsylvania, commissioned August 12, 1791, during recess of the Senate; entered upon duties August 19, 1791; nominated October 31, 1791; confirmed and recommissioned November 7, 1791; served through the remainder of the administration. [Senate Journal, 1st Congress, 1st session.] Satueday, Apeil 25, 1789. ****** * The Committee appointed to consider of the time, place and manner in which, and of the person by whom the oath prescribed by the Constitution shall be administered to the President of the United States, and to confer with a Com- mittee of the House appointed for that purpose, EEPOET, That the President hath been pleased to sig- nify to them that any time or place which both Houses may think proper to appoint, and any manner which shall appear most eligible to them, will be convenient and acceptable to him — That requisite preparations cannot probably be made before Thursday next — That the President be on that day FOKMALLY received by both Houses in the Senate Chamber — That the Eepresentative's Chamber being ca- pable of receiving the greater number of persons, that there- fore the President do take the oath in that place, and in the presence of both Houses. That after the formal reception of the President in the Senate Chamber, he be attended by both Houses to the Eepresentative's Chamber, and that the oath be adminis- tered by the Chancellor of the State of New-York. The Administration of George Washington 11 Monday, April 27, 1789. The Committee appointed to take order for conducting the ceremonial of the formal reception, &c. of the President, EEPORTED, That it appears to them more eligible, that the oath should he administered to the President in the outer gallery adjoining the Senate Chamber, than in the Representative's Chamber, and therefore, submit to the respective Houses the propriety of authorizing their Com- mittee to take order as to the place where the oath shall be administered to the President, the resolution of Saturday, assigning the Eepresentative's Chamber as the place, not- withstanding- ■ READ AND ACCEPTED. RESOLVED, That after the oath shall have been admin- istered to the President, he, attended by the Vice President and the members of the Senate and House of Representa- tives, proceed to St. Paul's Chapel, to hear Divine Service, to be performed by the Chaplain of Congress already ap- pointed. Tuesday, April 28, 1789. A LETTER was received from the Speaker of the House by the President of the Senate, containing the two following enclosures: ' The REPORT of a Joint Committee upon the ceremonial to be observed in administering the oath, &c. to the Presi- dent, as accepted in the House of Representatives; and The above mentioned report was read, and ordered to lie on the table. Thursday, April 30, 1789. The REPORT of the Committee on the mode of com- munication between the Senate and House of Representa- tives, was taken up, and after debate postponed. Mr, Lee, in behalf of the Committee appointed to take 12 Executive Eegister of the United States order for conducting the ceremonial of the formal reception, &c. of the President of the United States, having informed the Senate, that the same was adjusted; the House of Rep- resentatives were notified, that the Senate were ready to receive them in the Senate Chamher, to attend the Presi- dent of the United States while taking the oath required by the Constitution. — Whereupon, the House of Represen- tatives, preceded hy their Speaker, came into the Senate Chamber, and took the seats assigned them; and the joint Committee, preceded hy their Chairman, agreeably to order, introduced the PRESIDENT of the UNITED STATES to the Senate Chamber, where he was received by the VICE PRESIDENT, who conducted him to the CHAIR; Avhen the VICE PRESIDENT informed him, that ''The SEN- ATE and HOUSE of REPRESENTATIVES of the UNITED STATES were ready to attend him to take the oath required by the Constitution, and that it would be administered by the Chancellor of the State of New-York." —To which the PRESIDENT replied, HE WAS READY TO PROCEED:— and being attended to the gallery in front of the Senate Chamber, by the Vice President and Senators, the Speaker and Representatives, and the other public characters present, the oath was administered. — After which the Chancellor proclaimed, "LONG LIVE GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES" The PRESIDENT having returned to his seat, after a short pause, arose and addressed the Senate and House of Representatives as follows: — FELLOW-CITIZENS of the SENATE and of the HOUSE of REPRESENTATIVES: AMONG the vicissitudes incident to life, no event could have filled me with greater anxieties than that of which the notification was transmitted by your order, and received on the 14th day of the present month.— On the one hand, I was summoned by my country, whose voice I can never hear but with veneration and love, from a retreat which I had The Administration of Geoege Washington 13 chosen with the fondest predilection, and, in my flatterino- hopes, with an immutable decision, as the asylnm of my declining years: A retreat which was rendered every day more necessary as well as more dear to me, by the addition of habit to inclination, and of frequent interruptions in my health to the gradual waste committed on it by time. — On the other hand, the magnitude and difficulty of the trust to which the voice of my country called me, being sufficient to awaken in the wisest and most experienced of her citizens, a distrustful scrutiny into his qualifications, could not but overwhelm with despondence, one, who, inheriting inferior endowments from nature and unpracticed in the duties of civil administration, ought to be peculiarly conscious of his own deficiencies. — In this conflict of emotions, all I dare aver, is, that it has been my faithful study to collect my duty from a just appreciation of every circumstance, by which it might be affected. — All I dare hope, is, that, if in executing this talk,' I have been too much swayed by a grateful remembrance of former instances, or b}'^ an aifec- tionate sensibility to this transcendant proof, of the confi- dence of my fellow-citizens; and have thence too little con- sulted my incapacity as well as disinclination for the weighty and untried cares before me; my EEEOR will be palliated by the motives which misled me, and its consequences be Judged by my country, with some share of the partiality in which they originated. Such being the impressions under which I have, in obedi- ence to the public summons, repaired to the present station; it would be peculiarly improper to omit in this first official act, my fervent supplications to that Almighty being who rules over the universe, — who presides in the Councils of nations, — -and whose providential aids can supply every human defect, that his benediction may consecrate to the liberties and happiness of the people of the United States, a government instituted by themselves for these essential purposes: and may enable every instrument employed in its administration, to execute Avith success, the functions allot- ted to his charge. — In tendering this homage to the Great 14 Executive Register of the United States Author of every public and private good, I assure myself that it expresses your sentiments not less than my own: — nor those of my fellow-citizens at large, less than either. — No people can he hound to acknowledge and adore the invisible hand, which conducts the affairs of men, more than the people of the United States.— Every step, by which they have advanced to the character of an independent nation seems to have been distinguished by some token of providen- tial agency — and in the important revolution Just accom- plished in the system of their united government, the tran- quil deliberations and voluntary consent of so many distinct communities, from which the event has resulted, cannot be- compared with the means by which most governments have been established, without some return of pious gratitude along with an humble anticipation of the future blessings which the past seem to presage. — These reflections, arising out of the present crisis, have forced themselves too strongly on my mind to be suppressed. — You will join with me I trust in thinking, that there are none under the influence of which, the proceedings of a new and free government can more auspiciously commence. By the article establishing the executive department, it is made the duty of the President " To recommend to your consideration, such measures as he shall judge necessary and expedient." — The circumstances under which I now meet you, will acquit me from entering into that subject, farther than to refer to the great constitutional Charter under which you are assembled; and which, in defining your powers, designates the objects to which your attention is to be given. — It will be more consistent with those circum- stances, and far more congenial with the feelings which actuate me, to substitute, in place of a recommendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism which adorn the characters selected to devise and adopt them. — In these honorable qualifications, I behold the surest pledges, that as on one side, no local prejudices, or attachments; no separate views, nor party animosities, will misdirect the comprehensive and The Administration of Geoege Washington 15 equal eye which ought to watch over this great assemblage of communities and interests: so, on another, that the foundations of our national policy will be laid in the pure and immutable principles of private morality; and the pre- eminence of free government, be exemplified, by all the attri- butes which can win the aifections of its citizens, and com- mand the respect of the world. — I dwell on this prospect with every satisfaction which an ardent love for my country can inspire: since there is no truth more thoroughly estab- lished, than that there exists in the oeconomy and course of nature, an indissoluble union between virtue and happi- ness, — between dut}^ and advantage, — between the genuine maxims of an honest and magnanimous policy, and the solid rewards of public prosperity and felicity: — since we ought to be no less persuaded that the propitious smiles of Heaven, can never be expected on a nation that disregards the eternal rules of order and right, which Heaven itself haa ordained: — and since the preservation of the sacred fire of liberty and the destiny of the republican model of govern- ment, are justly considered as DEEPLY, perhaps as FINALLY staked, on the experiment entrusted to the hands of the American people. Besides the ordinary objects submitted to your care, it will remain with your judgment to decide, how far an exercise of the occasional power delegated by the fifth article of the constitution is rendered expedient at the pres- ent juncture by the nature of objections which have been urged against the system, or by the degree of inquietude which has given birth to them. — Instead of undertaking particular recommendations on this subject, in which I could be guided by no lights derived from official opportunities, I shall again give way to my entire confidence in your dis- cernment and pursuit of the public good: — for I assure myself that whilst you carefully avoid every alteration which might endanger the benefits of an united and effective gov- ernment, or which ought to await the future lessons of experience; a reverence for the characteristic rights of free- men, and a regard for the public harmony, will sufficiently 16 Executive Eegtstek of' the United States influence your deliberations on the question how far the former can be more impregnably fortilied, or the latter be safely and advantageously promoted. To the preceding observations I have one to add, which will be most properly addressed to the House of Represen- tatives. — It concerns myself, and will therefore be as brief as possible. — When I was first honored with a call into the service of my country, then oil the eve of an arduous strug- gle for its liberties, the light in which I contemplated my duty required that I should renounce every pecuniary com- pensation. — From this resolution I have in no instance departed. — And being still under the impressions which produced it, I must decline, as inapplicable to myself, any share in the^ personal emoluments, which may be indis- pensably included in a permanent provision for the executive department; and must accordingly pray that the pecuniary estimates for the station in which I am placed, may, during my continuance in it, be limited to such actual expenditures as the public good may be thought to require. Having thus imparted to you my sentiments, as they have been awakened by the occasion which brings us to- gether, — I shall take my present leave; but not without resorting once more to the benign Parent of the human race, in humble supplication that since he has been pleased to favor the American people, with opportunities for deliberat- ing in perfect tranquillity, and dispositions for deciding with unparalleled unanimity on a form of government, for the security of their union, and the advancement of their hap- piness; so his divine blessing may be equally' CONSPICU- OUS in the enlarged views, — the temperate consultations, — and the wise measures on which the success of this govern- ment must depend. Gr. Washhstgton". April 30. The PRESIDENT, the Vice President, the Senate and House of Ptepresentatives, &c. then proceeded to St. Paul's Chapel, where divine service was performed by the Chap- The Administkation of Geoege Washington 11 lain of Congress, after which the PRESIDENT was recon- ducted to his house, hy the Committee appointed for that purpose. The Vice President and Senate returned to the Senate Chamber, and. Upon motion, UNANIMOUSLY AGREED, that a com- mittee of three should be appointed to prepare an answer to the President's Speech — Mr. Johnson, Mr. Paterson, and Mr. Carroll, were elected. Adjourned to 11 o'clock to-morrow morning. TITLE TO BE ANNEXED TO THE PRESIDENT. [Senate Journal, 1st Congress, 1st Session, May 14, 1789.] * :J: Hs * * * * The Committee appointed on the 9th inst. to determine " Under what TITLE it will be proper for the Senate to address the PRESIDENT "—and to .confer with a Com- mittee of the House of Representatives " Upon the disagree- ing votes of the Senate and House," informed the Senate, that they had conferred with a Committee of the House of Representatives, but could not agree upon a report. The Committee appointed the 9th inst. " To consider and report under what TITLE it will be proper for the Senate to address the PRESIDENT OF THE UNITED STATES OP AMERICA," REPORTED— That in the opinion of the Committee it will be proper thus to address the PRESIDENT— HIS HIGHNESS THE PRESIDENT OF THE UNITED STATES OF AMERICA, AND PROTECTOR OF THEIR LIBERTIES.— Which report was postponed — Arid the following resolve was agreed to; to wit: — From a decent respect for the opinion and practice of civilized nations, whether under monarchical or republican forms of government, whose custom is to annex TITLES of 18 Executive Eegister of the United States respectability to the OFFICE of their CHIEF MAGIS- TEATE; and that, on' intercourse with foreign nations, a due respect for the majesty of the people of the United States, may not be hazarded by an appearance of singularity; the Senate have been induced to be of opinion, that it would be proper to annex a EESPECTABLE TITLE ta the OFFICE of PEESIDENT of the UNITED STATES: But the Sen- ate, DESIEOUS of PEESEEVING HAEMONY with the House of Eepresentatives, where the practice lately observed in presenting an address to the PEESIDENT was without the addition of TITLES, think it proper for the present to act in conformity with the practice of that House: — Therefore EESOLVED, that the present address be—" To the PEESIDENT of the UNITED STATES "—without ad- dition of TITLE. A motion was made to strike out the preamble as far as the words " But the Senate "; which passed in the negative — And on motion for the main question — it passed in the afl&rmative. [United States Statutes at Large, Vol. 1, p. 23.] June 1 1789. Chapter 1. — An Act to regulate the Time and Manner of administering certain Oaths. Constitution of the Scc. 1. Be it enacted hy the Senate and (House of) Bepre- ., ar ic e . gg^ff^ii^^gg qj f]^^ United States of America in Congress assem- hled, That the oath or affirmation required by the sixth arti- cle of the Constitution of the United States, shall be admin- Form of the oath istered in the form following, to wit: " I, A. B. do solemnly ma ion. ^^^^^^^, ^^, affirm (as the case may be) that I will support the Constitution of the United States." ******* To all officers of Scc. 4. And he it further enacted, That all officers ap- appointed, or to pointed, or hereafter to be appointed under the authority bcfore'they^act! of the United States, shall, before they act in tJieir respective ofifices, take the same oath or affirmation, which shall be administered by the jierson or persons who shall be author- ized by law to administer to such officers their respective The Administration of George Washington 19 oaths of office; and such officers shall incur the same penal- ties in case of failure, as shall be imposed by law in case of failure in taking their respective oaths of office. ******* Approved, June 1, 1789. [United States Statutes at Large, Vol. 1, p. 28.] Chap. IV. — An Act for establishing an Executive Depart- juiy 27, 1739, ment, to he denominated the Department of Foreign Affairs. Section 1. Be it enacted hy the Senate and House of Bepre- Altered by act of sentatives of the United States of America in Congress assem- ch. u, sec. 1.' bled, That there shall be an Executive department, to be denominated the Department of Foreign Affairs, and that there shall be a principal officer therein, to be called the Secretary for the Department of Foreign Affairs, who shall secretary of Foreign perform and execute such duties as shall from time to time be enjoined on or intrusted to him by the President of the United States, agreeable to the Constitution, relative to cor- respondences, commissions or instructions to or with public ministers or consuls, from the United States, or to negotia- tions with public ministers from foreigTi states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters re- To conform to pp 1 . -, P1XT-1CI instructions of spectmg foreign affairs, as the President of the u nited States the President, shall assign to the said department; and furthermore, that the said principal officer shall conduct the business of the said department in such manner as the President of the United States shall from time to time order or instruct. Sec. 2. And be it further enacted, That there shall be in principal cierk, the said department, an inferior officer, to be appointed by '^ " ^' the said principal officer, and to be employed therein as he shall deem proper, and to be called the chief Clerk in the Department of Foreign Affairs, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall during such vacancy have the charge and custody of all records, books and papers appertaining to the said depart- ment. 30 Executive Eegister of the United States Oath of office. Sec. 3. And be it further enacted, That the said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execu- tion of his office or employment, take an oath or affirmation, well and faithfully to execute the trust committed to him. Secretary to take Scc. 4. And 1)6 it further euacted, That the Secretary for "'&f!of E^the Department of Foreign Affairs, to be appointed in conse- department. ^^^^^^^ ^f ^l^-g ^^^^ gj^^U forthwith after his appointment, be entitled to have the custody and charge of all records, books and papers in the office of Secretary for the Department of Foreign Affairs, heretofore established by the United States in Congress assembled. Approved, July 27, 1789. [United States Statutes at Large, Vol. 1, p. 49.] Aug. 7, 1789. Chap. VII. — An Act to establish an Executive Ilepartment, to be denominated the Department of War. 1798, ch. 35. Sec. 1. Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assem- SecretSiTyior the bled, That there shall be an executive department to be war^his duty, denominated the Department of War, and that there shall be a principal officer therein, to be called the Secretary for the Department of War, who shall perform and execute such duties as shall from time to time be enjoined on, or entrusted to him by the President of the United States, agreeably to the Constitution, relative to military commissions, or to the land or naval forces, ships, or warlike stores of the United States, 1798, ch. 35, sec. 5. or to sucli othcr matters respecting military or naval affairs, as the President of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs; and furthermore, that the said principal officer shall conduct the business of the said Department in such manner, as the President of the United States shall from time to time order or instruct. Principal clerk, Sec. 2. And bc it further enacted, That there shall be in ' the said department an inferior officer, to be appointed by The Admhstisteation of George Washington 21 the said principal oflficer;, to be employed therein as he shall deem proper, and to be called the chief clerk in the depart- ment of war, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books and papers, appertaining to the said department. Sec. 3. And he it further enacted, That the said principal oath of office. officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execu- tion of his office or employment, take an oath or affirmation well and faithfully to execute the trust committed to him. Sec. 4. And he it further enacted, That the Secretary for secretary to take ' the department of war, to be appointed in consequence of &c., of war this act, shall forthwith after his appointment, be entitled to have the custody and charge of all records, books and papers in the office of Secretary for the department of war, heretofore established by the United States in Congress assembled. Approved, August 7, 1789. [United States Statutes at Large, Vol. 1, p. 65.] Chap. XII. — An Act to establish the Treasury Department. Sept. 2, i789. Section 1. Be it enacted hy the Senate and House of Bspre- Department sentatives of the United States of America in Congress assem- bled, That there shall be a Department of Treasury, in which shall be the following officers, namely: a Secretary of the otBcers: secretary, „ 1 T T T n P 1 T , ; r-i Comptroller, Auditor, Treasury, to be deemed head of the department: a Comp- Treasurer, Register, Assista.nt to S6cr6t3,rv, troller, an Auditor, a Treasurer, a Eegister, and an Assistant to the Secretary of the Treasury, which assistant shall be appointed by the said Secretary. Sec. 2. And he it further enacted, That it shall be the Duties of the Secretary. duty of the Secretary of the Treasury to digest and prepare plans for the improvement and management of the revenue, and for the support of public credit; and to prepare and report estimates of the public revenue, and the public expen- ditures; to superintend the collection of the revenue; to 33 Executive Eegister Or the United States decide on the forms of keeping and stating accounts and making returns, and to grant under the limitations herein established, or to be hereafter provided, all warrants for monies to be issued from the Treasury, in pursuance of ap- propriations by law; to execute such services relative to the sale of the lands belonging to the United States, as may be by law required of him; to make report and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Eepresentatives, or which shall appertain to his office; and generally to perform all such services relative to the finances, as he shall be directed to perform. Duties of the Scc. 3. A7id he it further enacted, That it shall be the duty Comptroller. ^^ ^^^ Comptroller to superintend the adjustment and preser- vation of the public accounts; to examine all accounts settled by the Auditor, and certify the balances arising thereon to the Eegister; to countersign all warrants drawn by the Secre- tary of the Treasury, which shall be warranted by law; to report to the Secretary the official forms of all papers to be issued in the diffierent offices for collecting the public revenue, and the manner and form of keeping and stating Act of March 3, the accouuts of the several persons employed therein. He 1809, ch. 28, sec. 2. ^-^^^i morcover provide for the regular and punctual payment of all monies which may be collected, and shall direct prose- cutions for all delinquencies of officers of the revenue, and for debts that are, or shall be due to the United States. Duties of the Scc. 4. And he it further enacted, That it shall be the duty reasurei. ^^ ^^^ Treasurer to receive and keep the monies of the United States, and to disburse the same upon warrants drawn by the Secretary of the Treasury, countersigned by the Comptroller, recorded by the Eegister, and not other- wise; he shall take receipts for all monies paid by him, and all receipts for monies received by him shall be endorsed upon warrants signed by the Secretary of the Treasury, with- out which warrant, so signed, no acknowledgment for money received into the public Treasury shall be valid. And the said Treasurer shall render his accounts to the Comptroller The Administration of George Washington 23 quarterly, (or oftener if required,) and shall transmit a copy thereof, when settled, to the Secretary of the Treasury. He shall moreover, on the third day of every session of Congress, lay before the Senate and House of Eepresentatives, fair and accurate copies of all accounts by him from time (to time) rendered to, and settled with the Comptroller as aforesaid, as also, a true and perfect account of the state of the Treas- ury. He shall, at all times, submit to the Secretary of the Treasury, and the Comptroller, or either of them, the inspec- tion of the monies in his hands; and shall, prior to the enter- ing upon the duties of his office, give bond, with sufficient sureties, to be approved by the Secretary of the Treasury and Comptroller, in the sum of one hundred and fifty thou- sand dollars, payable to the United States, with condition Act of March 3, for the faithful performance of the duties of his office, and ■•=•"• ^^'^• for the fidelity of the persons to be by him employed, which bond shall be lodged in the office of the Comptroller of the Treasury of the United States. Sec. 5. And he it further enacted, That i{ shall be the duty Duties of the of the Auditor to receive all public accounts, and after exam- ination to certify the balance, and transmit the accounts with the vouchers and certificate to the Comptroller for his Act of May s, 1792, decision thereon: Provided, That if any person whos'e ac-'^ ' '^^^' count shall be so audited, be dissatisfied therewith, he may Act of March 3* 1809, ch 28 sec 2 within six months appeal to the Comptroller against sucn settlement. Sec. 6. And he it further enacted. That it shall be the nuties of the duty of the Kegister to keep all accounts of the receipts and ^^^^ ^''' expenditures of the public money, and of all debts due to or from the United States; to receive from the Comptroller the accounts which shall have been finally adjusted, and to pre- serve such accounts with their vouchers and certificates; to record all warrants for the receipt or payment of monies at the Treasury, certify the same thereon, and to transmit to the Secretary of the Treasury, copies of the certificates of balances of accounts adjusted as is herein directed. secretary removed, Sec. 7. And he it further enacted, That whenever the assistant secretary' Secretary shall be removed from office by the President of of records, &c. S, Doc. 196, 58-3—05 3 24 Executive Kegistee of the United States the United States, or in any other case of vacancy in the office of Secretary, the Assistant shall, during the vacancy, have the charge and custody of the records, books, and papers appertaining t.' the said office. Persons appointed, Scc. 8. And he it fuvther enacted, That no person ap- ° act^Prohibition pointed to any office instituted by this act, shall directly or "''°"' 18, se'cf i! indirectly he concerned or interested in carrying on the business of trade or commerce, or be owner in whole or in part of any sea-vessel, or purchase by himself, or another in trust for him, any public lands or other public prop- erty, or be concerned in the purchase or disposal of any public securities of any State, or of the United States, or take or apply to his own use, any emolument or gain for negotiating or transacting any business in the said depart- ment, other than, what shall be allowed by law; and if any Penalty for breach pcrsou sliall offeud agaiust any of the prohibitions of this act, of the prohibitions j^^ shall bc deemed guilty of a high misdemeanor, and forfeit to the United States the penalty of three thousand dollars, and shall upon conviction be removed from office, and for- ever thereafter incapable of holding any office under the United States; Provided, That if any other person than a public prosecutor shall give information of any such offence, upon which a prosecution and conviction shall be had, one half the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information. Approved, September 2, 1789. [United States Statutes at Large, Vol. 1, p. 68.] Sept. 15, 1789. Chap. XIV. — An Act to provide for the safe-heeping of the Acts, Records and Seal of the United States, and for othef^ purposes. (Act of July 27, Scctiou 1. Bc it enactcd hj the Seriate and Rouse of Repre- ' '^ '■ ■ sentatives of the United States of America in Congress assem- T)epa.Ttment oihled. That the Executive department, denominated the De- "'chTnged to partment of Foreign Affairs, shall hereafter be denominated '''^of%Ta™. the Department of State, and the principal officer therein shall hereafter be called the Secretary of State. The Administkation of Geoege Washington 25 Sec. 2. And he it further enacted, That whenever a bill, Additional duties order, resolution, or vote of the Senate and Honse of Kepre- slcrltarVot%he sentatives, having been approved and signed by the President ^^'^ department, 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 said Secretary 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, be agreed to be passed, and be approved by two-thirds of both Houses of Congress, and thereby become a law or take effect, it shall, in such case, be received by the said Secretary from the President of the Senate, or the Speaker of the House of Eepresentatives, in whichsoever House it shall last have been so approved; -and the said Secretary shall, as soon as conveniently may be, after he shall receive the same, cause every such law, order, resolution, and vote, to be published in at least three of the public newspapers printed within the United States, and shall also cause one printed copy to be delivered to each Senator and Eepresentative of the United States, and two Act of March 2, 1799, printed copies duly authenticated to be sent to the Executive ^^' ^'^' ^^'^' ^ ^^'^ *' authority of each State; and he shall carefully preserve the originals, and shall cause the same to be recorded in books to be provided for the purpose. Sec. 3. And he it further enacted, That the seal heretofore seai of the used by the United States in Congress assembled, shall be, ^' ^*^^^^^- and hereby is declared to be, the seal of the United States. Sec. 4. And he it further enacted. That the said Secretary secretary to keep and shall keep the said seal, and shall make out and record, andcivu commissions. • shall affix the said 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. Provided, That the said seal shall not be affixed to any commission, before the same shall have been signed by the President of the United States, nor to any other instru- ment or act, without the special warrant of the President therefor. Sec. 5. And he it further enacted, That the said Secretary 26 Executive Eegister of the United States Secretary to provide shall cause a Seal of officG to be made for the said depart- a seal of office. ^^^^^ ^^ ^^^^^^ ^^^^-^^ ^^^ ^^^ President of the United States Copies, shall approve, and all copies of records and papers in the said office, authenticated under the said seal, shall be evidence equally as the original record or paper. Fees of ofHce to be Scc. 6. And be U further enacted. That there shall be paid ''"^hea'states!to the Secretary, for the use of the United States, the fol- lowing fees of oflEiee, 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 the seal of office, twenty-five cents. Secretary to have cus- Scc. 7. And he it further enacted, That the said Secretary ° ofkte^ccmgress! shall forthwith after his appointment be entitled to have the custody and charge of the said seal of the United States, and also of all books, records and papers, remaining in the office of the late Secretary of the United States in Congress assem- bled; and such of the said books, records and papers, as may appertain to the Treasury department, or War department, shall be delivered over to the principal officers in the said departments respectively, as the President of the United States shall direct. Approved, September 15, 1789. [United States Statutes at Large, Vol. 1, p. 70.] Sept. 22, 1789. Chap. XVI. — An Act for the temporary establishment of the Post-Office. Section 1. Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assem- bled, That there shall be appointed a Postmaster General; Powers and salary, his powcrs and Salary, and the compensation to the assistant or clerk and deputies which he may appoint, and the regu- lations of the post-office shall be the same as they last were under the resolutions and ordinances of the late Congress. The Postmaster General to be subject to the direction of the The Administration of GtEgege Washington 27 President of the United States in performing the duties of his office, and in forming contracts for the transportation of the mail. Sec. 2. And he it further enacted, That this act shall con- Limitation, tinue in force nntil the end of the next session of Congress, 1791', °ch 23 -1 1 " 1792,' ch. 7. and no longer. Approved, September 22, 1789. [United States Statutes at Large, Vol. 1, p. 73.] Chap. XX. — A71 Act to establish the Judicial Courts of the Sept. 24, 1789. United States. Section 1. Be it enacted hy the Senate and House of Repre- sentatives of the United States of America in Congress assem- bled. Sec. 35. And be it further enacted. ******* And there shall also be appointed a meet person, learned Attomey-oenerai of in the law, to act as attorney-general for the United States, who shall be sworn or affirmed to a faithful execution of his office; whose duty it shall be to prosecute and conduct all Duties, suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon ques- tions of law when required by the President of the United Act of May 29, isso, ch 153 States, or when requested by the heads of any of the depart- ments, touching any matters that may concern their depart- ments, and shall receive such compensation for his services compensation, as shall by law be provided. Approved, September 24, 1789. Term of President, when it began. — Senate Journal, 1st Congress, 2nd session. May 14, 1790. The Senate proceeded to consider the report of the joint Committee, appointed the 28th of April, which is as follows: 28 Executive Register of the United States The Committee of Senate, to join with a Committee ap- pointed by the House of Representatives, to consider and report their opinion on the question, when, according to the Constitution, the terms for which the President, Vice Presi- dent, Senators and Representatives, have been respectively chosen, shall be deemed to have commenced? and also to consider of, and report their opinion on such other matters as they should conceive to have relation to this question. Report as the opinion of the said joint Committees — That the terms for which the President, Vice President, Senators and Representatives of the United States, were respectively chosen, did, according to the Constitution, com- mence on the 4th day of March, 1789; and so the Senators of the first class, and the Representatives, will not, according to the Constitution, be entitled by virtue of the same election by which they hold seats in the present Congress, to seats in the next Congress, which will be assembled after the 3d day of March 1791; and further, that whenever a vacancy shall hap- pen in the Senate or House of Representatives, and an elec- tion to fill such vacancy, the person elected, will not, accord- ing to the Constitution, be entitled by virtue of such elec- tion, to hold a seat beyond the time for which the Senator or Representative in whose stead such person shall have been elected, would, if the vacancy had not happened, have been entitled to hold a seat, — That it will be advisable for the Congress to pass a Law or Laws for determining, agreeable to the provision in the first section of the 2d article of the Constitution, the time when the electors shall, in the year which will terminate on the 3d day of March 1793, and so in every fourth year there- after, be chosen, and the day on which they shall give their votes: Por declaring what officer shall, in case of vacancy, both in the office of President and Vice President, act as President: For assigning a public office where the lists, mentioned in the 2d paragraph of the 1st section of the 2d article of the Constitution, shall, in case of vacancy in the office of President of the Senate, or his absence from the seat of government, be in the mean time deposited: And The Administeation of George Washington 29 for directing the mode in which such lists shall he trans- mitted, — Whereupon, Eesolved, That the Senate do agree to this report. Ordered, That a message be sent to the House of Eepre- sentatives, to acquaint them herewith. - [United States Statutes at Large, Vol. 1, p. 178.] Chap. XXXVI. — An Act to continue in force for a limited August i, i^do. time, an act intituled "An Act for the temporary estab- lishment of the Post-Office." Be it enacted iy the Senate and House of Representatives' of Former act declared the United States of America^in Congress assembled, That the session! March^^^ act passed the last session of Congress, intituled " An act mi; ch. 23. for the temporary establishment of tlie post-olhce," be, and the same hereby is continued in force until the end of the next session of Congress, and no longer. Approved, August 4, 1790. [United States -Statutes at Large, Vol. 1, p. 218.] Chap. XXIII. — An Act to continue in force for a limited Murch 3,1791. tim.e, an act intituled "An act for the temporary establish- ment of the Post-Office." Section 1. Be it enacted by th9 Senate and House of Repre- Former act for tem- sentatives of the United States of America in Congress assem- of post-office con- bled, That the act passed the first session of Congress, inti- 1739, ch. 16. 1792 ch. 7. tuled " an act for the temporary establishment of the post- office," be, and the same is hereby continued in full force until the end of the next session of Congress, and no longer. Sec. 2. And be it further enacted, That all letters to and Letters on public from the treasurer, comptroller and auditor of the treasury, the treasury to be and the assistant to the secretary of the treasury, on public postage, service, shall be received and conveyed by the post, free of postage. Sec. 3. And be it further enacted. That the postmaster Mail to be extended general shall be and he is hereby authorized to extend the Bennington. 30 Executive Register of the United States carrying the mail from Albany, in the state of New York, to Bennington in the state of Vermont. Approved, March 3, 1791. [United States Statutes at Large, Vol. 1, p. 232.] Feb. 20, 1792. Chap. VII.— A/i Act to establish the Post-Office and Post Roads within the United States. Establishing post Section 1. Be it enacted ly the Senate and House of Repre- roads after 1st June ^^^^^^^^g^ o/ the United States of America, in Congress assem- 1794, ch. 23. j^g^^ rpj^^^ f^^^ ^^^ ^f^gj, ^j^g g^st day of June next, the following roads he established as post roads, namely: From Wisscassett in the district of Maine, to Savannah in Georgia, by the following route, to wit: Portland, Portsmouth, Few- buryport, Ipswich, Salem, Boston, Worcester, Springfield, Hartford, Middletown, New Haven, Stratford, Fairiield,' Norwalk, Stamford, New York, Newark, Elizabethtown, Woodbridge, Brunswick, Princeton, Trenton, Bristol, Phila- delphia, Chester, Wilmington, Elkton, Charlestown, Havre de Grace, Hartford, Baltimore, Bladensburg, Georgetown, Alexandria, Colchester, Dumfries, Fredericksburg, Bowling Green, Hanover Court House, Eichmond, Petersburg, Hali- fax, Tarborough, Smithfield, Fayetteville, Newbridge over Drowning creek, Cheraw Coiirt House, Camden, Statesburg, Columbia, Cambridge and Augusta; and from ihence to Savannah, and from Aug\ista by AVashington in Wilkes County to Greenborough, and from thence by the great falls of Ogechee and Georgetown, to Augusta, and from States- burg to Charleston, and from Charleston to Georgetown, from Charleston to Savannah, and from Savannah, by New- port bridge to Sunbury; and also from Portsmouth by^ Exeter and Concord, to Hanover in New Hampshire; and from Salem to Mablehead, and from Salem to Gloucester; and from Boston, by Providence, Newport, and New London, to New Haven, and from Boston, through Taunton, to New Bedford; and from Taunton, through Warren and Bristol, to Newport, and from Boston, by Plymouth, to Barnstable; and from Springfield in the The Administration op George Washington 31 state of Massachusetts, to Kinderhook in the state of New York, and from Springfield, by Northampton, Brattle- borough, and Charlestown, by Windsor in Vermont, to Han- over, and from Hartford, by Middletown, to New London; also from Hartford to Norwich, and Providence; and from Providence to Worcester, and from Philadelphia, by Lan- caster, Yorktown, Carlisle, Shippensburg, Chambersburg, Bedford, and Greensburg, to Pittsburg; and from Philadel- phia to Bethlehem; from Bethlehem, by Eeading and Harris- burg, to Carlisle, and from Bethlehem, by Easton, Sussex Court House, Goshen, Ward's Bridge, and Kingston, to Rhinebeck; from Philadelphia, by Salem, to Bridgetown; and from Wilmington, by Warwick, Georgetown, Cross Eoads, Chestertown, Chester Mills, and Easton, to Vienna; and from Vienna, by Salisbury, to Snow Hill; also from Wilming- ton, by Newcastle, Cantwell's Bridge and Duck Creek, to Dover; and from thence by Milford, Dagsborough, Snow Hill, and Northampton Court House, to Norfolk in Vir- ginia; and from Baltimore to Annapolis, Upper Marlborough, Piscatawa, Port Tobacco, Allen's Fresh, Newport, and Chap- tico, to Leonardtown; and from Richmond, by Williamsburg, Yorktown and Hampton, to Norfolk; and from Fredericks- burg, by Port Royal and Tappahannock,to Urbanna; and from thence, crossing Rappahanock, and proceeding by Northum- berland Court House, to Kinsale on the river Yeocomico, thence by Westmoreland Court House, through Leedstown, to Fredericksburg; and from Petersburg, ,by Cabin Point, Smithfield, and Suffolk, to Portsmouth, and from Suffolk, to Edenton, and by Plymouth to Washington; and from Washington to Newborn, and thence to Wilmington; and from Fayettevile, by Elizabethtown, to Wilmington; and from Halifax, by Warrington, Hillsborough, Salem, to Salis- bury; from Halifax, by Bluntsville, Williamston, Daileys to Plymouth; and from Edenton, by Hertford, Nixonton, Saw- yer's Ferry, in Camden county, to Indiantown, in Currituck county; and from New York, by Albany, Bennington, Man- chester and Rutland, to Burlington, on Lake Champlain; and from Albany, by Schenectady, to Connajorharrie; from 33 Executive Eegister of the United States New York to Hartford, through Whiteplams, North Castle, Salem, Poimdridge, Eidgefield, Danbury, NewtoAvn, New Milford, Litchfield, Harrington and Farniington; from New- ark or Elizabeth town, by Morristown, to Sussex Court House; from Woodbridge to Amboy; from Alexandria, by Salisbury, Leesburg, Sheperdstown, Martinsburg, Winchester, Stevens- burg, Strasburg, Woodstock, and Eockingham Court House, to Staunton; and from Eichmond, by Columbia, Charlottes- ville, Staunton, Lexington, Fincastle, Montgomery Court House, Wythe Court House, Abingdon, and Hawkins Court House, in the territory South of the river Ohio, to Danville in Kentucky; and from Baltimore, by Fredericktown and Sharpsburg, to Hagerstown; and from thence to Chambirs- burg: Provided, That the route, by which the mails are at present conveyed, shall in no case be altered, without the consent of the contractors, till the contracts made by the Postmaster General shall be determined. p. M. Gen. may Sec. 2. And he it further enacted, That it shall and may ^"t^r carrying mail be lawful for the Postmastcr General to enter into contracts, not to exceed eight p . . -,■ •ij_ j; xi-jit years, lor a term not exceeding eight years, tor extending the line of posts, and to authorize the person or persons, so contract- ing, to receive, during the continuance of such contract, according to the rates by this act established, all the postage which shall arise on letters, newspapers and packets, con- veyed by any such post; and the roads, therein designated, shall, during the continuance of such contract, be deemed and considered as post roads, within the terms and provisions of this act: Provided, That no such contract shall be made, to the diminution of the revenue of the general post-office, and that a duplicate of every such contract, under hand and seal, shall, within sixty days after the execution thereof, be lodged in the office of the comptroller of the treasury of the United States. General post-office Scc. 3. And he it further enacted, That there shall be government, established, at the seat of the government of the United States, a general post-office. And there shall be one Post- master General, who shall have authority to appoint an assistant, and deputy postmasters, at all places where such The Administkation of George Washington 33 shall be found necessary. And lie shall provide for carrying the mail of the United States, by stage carriages or horses, as he may judge most expedient; and as often as he, having regard to the productiveness thereof, as well as other cir- cumstances, shall think proper, and defray the expenses thereof, with all other expenses arising on the collection and management of the revenue of the post-office. He shall also have power to prescribe such regulations to the deputy postmasters, and others employed under him, as may be found necessary, and to superintend the business of the department, in all the duties that are, or may be assigned to it, and also to direct the route or road, where there are more than one, between the places above established, which route or road shall be considered as the post road. Sec. 4. And he it further enacted, That the Postmaster p. m. oen. to settle General shall, once in three months, obtain from his depu- ties, the accounts and vouchers of their receipts and expen- ditures, and the balances due thereon, and render to the secretary of the treasury, a quarterly account of all the re- ceipts and expenditures in the said department, to be ad- justed and settled as other public accounts, and shall pay, quarterly, into the treasury of the United States, the balance in his hands. And the Postmaster General, and his assist- and, with persons ant, the deputy postmasters, and such as they may employ in their offices, shall, respectively, before they enter upon the duties, or be entitled to receive the emoluments of their offices, and the contractors for carrying the mail, and their agents or servants, to whom the mail shall be entrusted, be- fore they commence the execution of said trust, shall, re- spectively, take and subscribe before some justice of the to take oath, peace, the following oath or affirmation, and cause a certifi- ^ cate thereof to be filed in the office of the Postmaster Gen- eral: " I do swear (or affirm as the case may be) that I will faithfully perform all the duties required of me, and abstain from everything forbidden by the law in relation to the establishment of post-offices and post-roads within the United States." Sec. 5. And he it further enacted, That if any person shall 34 Executive Register of the United States Penalty on obstruct or retard the passage of the mail, or of any horse maii°andTSi|ence or Carriage carrying the same, he shall, upon conviction for oi ferrymen. ^^^^.^ gy^Q\i offeuce, pay a fiiie not exceeding one hundred dollars. And if any ferryman shall, by wilful negligence, or refusal to transport the mail across any ferr}^ delay the same, he shall forfeit, and pay, for each half hour that the same shall be so delayed, a sum not exceeding ten dollars. Postmaster General Scc. 6. And he it further enacted, That it shall be the previousTo m'aidng duty of tlic Postmastcr General, to give public notice in one '^°"ing''the m'aXai^d or morc of the uewspapcrs published at the seat of govern- ment of the United States, and in one or more of the news- papers published in the state or states where the contract is to be performed, for at least six weeks before the entering into any contract for the conveyance of the mail that such contract is intended to be made, and the day on which it shall be concluded; describing the places, from and to which such mail is to be conveyed; the time at which it is to be made up; the day and hour, at which it is to be delivered; and the penalty or penalties for non-performance of the stip- ulations. He shall, moreover, within thirty days after the lodge the contract making of any contract, lodge the same, together with the in the comptroikr^s pj-gposals which lic shall liavc received respecting the same, in the office of the comptroller of the treasury of the United States. Dep. p. M. to keep Scc. 7. And he it further enacted, That every deputy post- an office, jj^g^gj^gj. g^all kccp an office in which one or more persons shall attend at such hours as the Postmaster General shall direct, for the purpose of performing the duties thereof. And all letters brought to any post-office, half an hour before the time of making up the mail at such office, shall be forwarded therein. Allowance to ^^c. 8. And hc it further enacted. That from and after the ^' "assStant! P^ssiug of this act, the Postmaster General shall be allowed, for his services, at the rate of two thousand dollars per annum, his assistant, at the rate of one thousand dollars per annum, to be paid quarterly, out of the revenues of the post- office: and no fees or perquisites shall be received by either of them, on account of the duties to be performed in virtue of their appointments. The Administration of George Washington 35 Sec. 9. And he it further enacted, That from and after the Rates of postage first day of June next, the deputy postmaster and persons authorized by the Postmaster General, shall demand and receive, for the postage and conveyance of letters and pack- ets, except such as are herein after excepted, according to the several rates and sums following: For the postage of every single letter, to or from any place by land not exceed- ing thirty miles, six cents; over thirty miles, and not exceed- ing sixty, eight cents; over sixty miles, and not exceeding one hundred, ten cents; over one hundred miles, and not exceeding one hundred and fifty, twelve cents and a half; over one hundred and fifty miles, and not exceeding two hundred, fifteen cents; over two hundred miles, and not exceeding two hundred and fifty, seventeen cents; over two hundred and fifty miles, and not exceeding three hundred and fifty, twenty cents; over three hundred and fifty miles, and not exceeding four hundred and fifty, twenty-two cents; and to or from any place by land, more than four hundred and fifty miles, twenty-five cents; and every double letter shall pay double the said rates; every triple letter, triple; every packet weighing one ounce avoirdupois, to pay, at the rate of four single letters for each ounce, and in that propor tion, for any greater weight. Sec. 10. And he it further enacted, That all letters and Rates of letters and packets, passing by sea to and from the United States, or sea. from one port to another therein, in packet boats or vessels, the property of, or provided by the United States, shall be rated and charged as follows : For every single letter, eight cents ; for every double letter, sixteen cents ; for every triple letter or packet, twenty-four cents; for every letter or packet brought into the United States, or carried from one port therein to another by sea, in any private ship or vessel, four cents, if delivered at the place where the same shall arrive; and if directed to be delivered at any other place, with the addition of the like postage, as other letters are made subject to the payment of by this act. Sec. 11. And he it further enacted, That if any deputy Penalty on demand- ._- i-r»j.x ^"^ °^ receiving postmaster, or other person authorized by the Postmaster beyond stipulated ■'■■'■ postage. 36 Executive Kegistek of the United States General, to receive the postages af letters, shall fraudulently demand or receive any rate of postage, or any gratuity or reward, other than is provided by this act for the postage of letters or packets on conviction thereof, he shall forfeit for every such offence, one hundred dollars, and shall be ren- dered incapable of holding any office under the United States. Duty of masters of ^ec. 13. And U U further enacted, That no ship or vessel, maS ?eport?&c° arriving at any port within the United States, w^here a post- office is established, shall be permitted to report, make entry or break bulk, till the master or commander shall have delivered to the postmaster, all letters directed to any person or persons within the United States, which, under his care or within his power, shall be brought in such ship or vessel, other than such as are directed to the owner or consignee: but when a vessel shall be bound to another port, than that, at which she may enter, the letters belonging to, or to be delivered at the said port of delivery, shall not be delivered to the postmaster at the port of entry. And it shall be the duty of the collector or other officer of the port, empowered to receive entries of ships or vessels, to require from every master or commander of such ship or vessel, an oath or affirmation, purporting that he has delivered all such letters, except as aforesaid. )ut,y of p. M. on Scc. 13. And he it further enacted, That the postmasters rccBiot of letters from foreign to whom such Icttcrs may be delivered, shall pay to the packets, &c. , , ,•; -,[... master, commander, or other person delivering the same, except the commanders of foreign packets, two cents for every such letter or packet; and shall obtain from the person delivering the same, a certificate specifying the number of letters and packets, with the name of the ship or vessel, and the place from whence she last sailed ; which certificate, together with a receipt for the motiey, shall be with his half-yearly accounts, transmitted to the Postmaster General, who shall credit the amount thereof to the postmaster for- warding the same. Penalty on persons Scc. 14. And hc it further cuacted. That if anv nerson offending against xi, j,i , i t^ , , ^ '' ^ this act. otner than the Postmaster General, or his deputies, or per- The Administration of George Washington 37 sons by them employed, shall take up, receive, order, dis- patch, convey, carry or deliver any letter or letters, packet or packets, other than newspapers, for hire or reward, or shall be concerned in setting np any foot or ,horse post, wagon or other carriage, by or in which any letter or packet shall be carried for hire, on any established post-road, or any packet, or other vessel or boat, or any conveyance whatever, whereby the revenue of the general post-office may be in- jured, every person, so offending, shall forfeit, for every such offence, the sum of two hundred dollars. Provided, That it shall and may be lawful for every person to send letters or packets by special messenger. Sec. 15. And he it further enacted, That the deputy post- Deputies to account masters or agents of the Postmaster Greneral, shall duly bye letters. account and answer to him, for all bye or way-letters, and shall specify the number and rates in the post bill. And if any deputy postmaster or agent shall neglect so to account, he or they so offending, shall, on conviction thereof, forfeit, for every such offence, a sum not exceeding one hundred Penalty on T „ neglecting, dollars. Sec. 16. And he it further enacted, That if any person, employed in any of the departments of the general post- office, shall unlawfully detain, delay, or open, any letter, detaining, delaying, packet, bag or mail of letters, with which he shall be en- letters, &c. trusted, or which shall have come to his possession, and which are intended to be conveyed by post: Or if any such person shall secrete, embezzle or destroy any letter or packet, entrusted to him, as aforesaid, and which shall not contain any security for, or assurance relating to money, as herein after described, every such offender, being thereof duly con- victed, shall, for every such offence, be fined not exceeding three hundred dollars, or imprisoned not exceeding six months, or both, according to the circumstances and aggrava- tions of the offence. And if any person employed as afore- said, shall secrete, embezzle or destroy, any letter, packet, bag, or mail of letters, with which he shall be entrusted, or which shall have come to his possession, and are intended to be conveyed by post, containing any bank note, or bank 38 Executive Register of the United States post bill, bill of exchange, warrant of the treasury of the United States, note of assignment of stock in the funds, letters of attorney for receiving annuities or dividends, or for selling stock in the funds, or for receiving the interest thereof, or any letter of credit, or note for, or relating to the payment of money, or other bond or warrant, draft, bill, or promissory note whatsoever, for the payment of money; or if any such person, employed as aforesaid, shall steal or take any of the same out of any letter, packet, bag or mail of letters, that shall come to his possession, he shall, on con- viction for any such offence, suffer death. And if any per- son, who shall have taken charge of the mail of the United States, shall quit or desert the same, before his arrival at the next post-office, every such person, so offending, shall forfeit and pay a sum, not exceeding five hundred dollars, for every such offence. And if any person, concerned in carrying the mail of the United States, shall collect, receive or carry any letter or packet, or shall cause or procure the same to be done, contrary to this act, every such offender shall forfeit and pay, for every such offence, a sum not ex- ceeding fifty dollars. Penalty on persons Scc. 17. And he it further enacted, That if any person or ing e mai . pgj.gQj^g shall rob any carrier of the mail of the United States, of such mail, or if any person shall rob the mail, in which letters are sent to be conveyed by post, of any letter or packet, or shall steal such mail, or shall steal and take from or out of the same, or from or out of any post-office, any letter or packet, such offender or offenders shall, on conviction thereof, suffer death. Deputies to publish Sec. 18, And he it further enacted, That the deputy post- every three months , ini , ■ ^ ni-iin -i- p a list of letters then mastcrs shali, respectively, publish at the expiration or every ' ' three months, in one of the newspapers published at, or nearest the place of his residence, for three successive weeks, a list of all the letters then remaining in their respective offices; and at the expiration of the next three months, shall send such of the said letters as then remain on hand, as dead letters, to the general post-office, where the same shall be opened and inspected; and if any valuable papers or matter The Administration op George Washington 39 of consequence, shall be found therein, it shall be the duty of the Postmaster General, to cause a descriptive list thereof to be inserted in one of the newspapers, published at the place most convenient to where the owner may be supposed to reside, if within the United States, and such letter and the contents shall be preserved, to be delivered to the per-' ,son, to whom the same shall be addressed, upon payment of the postage, and the expense of publication. See. 19. And he it further enacted, That the following let- certain letters to ters and packets, and no other, shall be received and con-orpostlg^! veyed by post, free of postage, under such restrictions, as are hereinafter provided; that is to say: All letters and packets to or from the President or Vice President of the United States, and all letters and packets, not exceeding two ounces in weight, to or from any member of the Senate or House of Representatives, the Secretary of the Senate or Clerk of the House of Representatives, during their actual attendance in any session of Congress, and twenty days after such session. All letters to and from the Secretary of the Treasury, and his assistant, Comptroller, Register, and Audi- tor of the Treasury, the Treasurer, the Secretary of State, the Secretary at War, the Commissioners for settling the accounts between the United States and individual states, the Postmaster General and his assistant: Provided, That no person shall frank or enclose any letter or packet, other than his own; but any public letter or packet from the de- partment of the Treasury may be franked by the Secretary of the Treasury, or the assistant Secretary, or by the Comp- troller, Register, Auditor or Treasurer; and that each person before named shall deliver to the post-office every letter or paxiket enclosed to him, which may be directed to any other person, noting the place, from whence it came by post, and the usual postage shall be charged thereon. Sec. 20. And he it further enacted. That if any person penalty on counter- shall counterfeit the hand-writing of any other person, in order to eva'de postage. to evade the payment of postage; such person or persons, so offending, and being thereof duly convicted, shall forfeit and pay, for every such offence, the sum of one hundred dollars. S. Doc. 196, 58-3—05 4 40 Executive Kegister of the TJisriTED States Privilege of news Sec. 21. And 1)6 U fuHlier enacted, That every printer of printers, j-^g^gpapers may send one paper to each and every other printer of newspapers within the United States, free of post- age, nnder snch regulations, as the Postmaster General shall provide. Newspapers how to Sec. 32. And be it further enacted, That all newspapers, be put up fo^the ^Qj^^gyg^l jj^ l-l^g j^ail, shall be under a cover open at one end, carried in separate hags from the letters, and charged with the payment of one cent, for any distance not more than one hundred miles, and one cent and a half for any greater dis- tance: And it shall be the duty of the Postmaster General and his depnt}^, to' keep a separate account for the news- papers, and the deputy postmasters shall receive fifty per cent, on the postage of all newspapers: And if any other matter or thing be enclosed in such papers, the whole packet shall be charged, agreeably to the rates established by this act, for letters or packets. And if any of the persons em- ployed in any department of the post-of&ce, shall unlawfully detain, dela}^, embezzle or destroy any newspaper, with which he shall be entrusted, such offenders, for every such offence, shall forfeit a sum, not exceeding fifty dollars: p. M. Gen. may Pvovided, That the Postmaster General, in any contract, he permit contractor /■pi o ^ -i to carry newspapers; may enter luto, tor the conveyance of the mail, may author- ize the person, with whom such contract is made, to carry newspapers, other than those conveyed in the mail. allow such commis- Scc. 23. And he it further enacted, That the Postmaster sion to deputies as he may deem ade- General be, and he is hereby authorized to allow to the quate, not to exceed, &c. deputy postmastcrs respectively, such commission on the monies arising from the postage of letters and packets, as he shall think adequate to their respective services: Pro- vided, That the said commission shall not exceed forty per cent, to any deputy, whose compensation thereby shall not exceed fifty dollars, nor thirty per cent, to any deputy, whose compensation thereby shall not exceed one hundred dollars, nor twenty per cent, to any other deputy, except the post- master at the port, where the European packets do, or shall steadily arrive: to whom such farther allowance, in addition to the emoluments of his office, shall be made, as the Post- The Administration of Gteorge Washington 41 master General shall deem a reasonable corajDensation for his extra services in the receipt and dispatch of letters, originally received into his office, from on board such packets, and by him forwarded to other offices: And provided also, That the compensations aforesaid shall not exceed eio-hteen hun- to any one $i8oo per annum. dred dollars per annum to any one postmaster for all services by him rendered. Sec. 24. And de it further enacted, That if any deputy p. m. oen. to , , ,, n-Tj-n prosecute deputies postmaster or other person, authorized to receive the postage neglecting to of letters and packets, shall neglect or refuse to render his and penalty on his nC'lGCt tllGPGOf accounts, and pay over to the Postmaster General, the bal- ance by him due, at the end of every three months, it shall be the duty of the Postmaster General, to cause a suit to be commenced against the person or persons so neglecting or refusing: And if the Postmaster General shall not cause such suit to be commenced within three months, from the end of every such three months, the balances due from every such delinquent shall be charged to, and recoverable from the Postmaster General. Sec. 25. And ie it further enacted, That all pecuniary Appropriation of penalties and forfeitures, incurred under this act, shall be, this act. one half for the use of the person or persons informing and prosecuting for the same, the other half to the use of the United States. Sec. 26. And he it further enacted, That it shall be lawful p. m. cen. to make for the Postmaster General, to make provision, where it may of letters sent or be necessary, for the receipt of all letters and packets in- tended to be conveyed by any ship or vessel, beyond sea, or from any port of the United States to another port therein; and the letters so received shall be formed into a mail, sealed up, and directed to the postmaster of the port to which such ship or vessel shall be bound. And for every letter or packet so received, there shall be paid, at the time of its reception, a postage of one cent. And the Postmaster General may make arrangements with the postmasters in any foreign country for the reciprocal receipt and delivery of letters and packets, through the post-offices. Postmasters, &c. Sec. 27. And he it further enacted. That the deputy post- mmtia d'uty. 42 Executive Kegistek of the United States masters, and the persons employed in the transportation of the mail, shall be exempt from militia duties, or any fine or penalty for neglect thereof. Appropriations of Sec. 28. A7id 1)6 U fuHker enacted, That all the surplus geneJaipoItTffice! reveuue of the general post-office, which shall have accrued, previous to the first day of June next, not heretofore appro- priated, be and the same is hereby appropriated towards defraying any deficiency Avhich may arise in the revenue of the said department for the year next ensuing. Former acts Scc. 29. Aiid be it fuHJier 'enacted, That the act passed ''°° ist'june. the last session of Congress, intituled " An act to continue in force, for a limited time, an act, intituled ' An act for the 1791, ch. 23. temporary establishment of the post-office,' " be, and the same is hereby continued in full force, until the first day of June next, and no longer. Limitation of Scc. 30. And 1)6 it fuHliev euactcd, That this act shall be IS ac . ^^ fQi-QQ f Qj. |;i-^Q term of two years, from the said first day of June next, and no longer. Approved, February 20, 1792. [United States Statutes at Large, Vol. 1, p. 239.] March 1, 1792. Chap. VIII. — An Act relative to the Election of a President and Vice President of the United States, and declaring the Officer ivho shall act as President in case of Vacancies in the offices both of President and Vice-President. March 26, 1S04, Scctiou 1. Be it enttcted by the Senate and House of Repre- states howTo sentatives of the United States of America in Congress assem,- eSraof pfe°sident ^^^f^j That cxcept in case of an election of a President and '""^ ''wLrto meei ^^icB President of the United States, prior to the ordinary and vote; pg^^Q^ as herein after specified, electors shall be appointed in each state for the election of a President and Vice Presi- dent of the United States, within thirty-four days preceding the first Wednesday in December, one tliousand seven hun- dred and ninety-two, and within thirty-four days preceding the first Wednesday in December in every fourth year suc- ceeding the last election, which electors shall be equal to the number of Senators and Eepresentatives, to which the The Administration of George Washington 43 several states may by law be entitled at the time, when the President and Vice President, thus to be chosen, should come into office: Provided alivays, That where no appor- tionment of Eepresentatives shall have been made after any enumeration, at the time of choosing electors, then the num- ber of electors shall be according to the existing apportion- ment of Senators and Eepresentatives. Sec. 3. And h& it further enacted, That the electors shall meet and give their votes on the said first Wednesday in December, at such place in each state as shall be directed, by the legislature thereof; and the electors in each state shall make and sign three certificates of all the votes by them to sign three certifi- given, and shall seal up the same certifying on each that a votes given, list of the votes of such state for President and Vice Presi- dent is contained therein, and shall by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of and deliver to the President of the Senate, at the seat of government, before the first Wednes- day in January then next ensuing, one of the said certificates, and the said electors shall forthwith forward by the post- How to be dis- office to the President of the Senate, at the seat of govern- ''"^^ ment, one other of the said certificates, and shall forthwith cause the other of the said certificates to be delivered to the judge of that district in which the said electors shall isoi, ch. so, sec. i. assemble. Sec. 3. And he it further enacted, That the executive Duty of executive authority of each state shall cause three lists of the names of the electors of such state to be made and certified and to be delivered to the electors on on before the said first Wed- nesday in December, and the said electors shall annex one of the said lists to each of the lists of their votes. Sec. 4. And he it further enacted, That if a list of votes, from any state, shall not have been received at the seat of government on the said first Wednesday in January, that then the Secretary of State shall send a 'gpecial messenger of sec. of state on to the district jndge in whose custody such list shall have "f votes"^ been lodged, who shall forthwith transmit the same to the seat of government. 44 Executive Register of the United States con<^ress to be in Sgc. 5. And U it further enaxted, That Congress shall be Jedn°sd°ayinin sessioD Oil the second Wednesday in February, one thou- Feb. 1793. g^^^-^ seven hundred and nmety-three, and on the second Wednesday in Febrnary succeeding every meeting of the Twelfth amendment elcctors, and the Said certificates, or so many of them as shall of the constitution, j^^^^ ^^^^ rcceived, shall then be opened, the votes counted, and the persons vs^ho shall fill the offices of President and Vice President ascertained and declared, agreeably to the constitution. Duty of persons Soc. 6. And le it furtlur enacted, That in case there shall '""* "^f^votel! be no President of the Senate at the seat of government on the arrival of the persons entrusted with the lists of the votes of the electors, then such persons shall deliver the lists of votes in their custody into the office of the Secretary of State, to be safely kept and delivered over as soon as may be, to the President of the Senate, auowance to them. Scc. 7. And be it further enacted, That the persons ap- pointed by the electors to deliver the lists of votes to the President of the Senate, shall be allowed on the delivery of the said lists twenty-five cents for every mile of the esti- mated distance by the most usual road, from the place of meeting of the electors, to the seat of government of the United States. Penalty on their Sec. 8. And 1)6 it further enacted, That if any person ap- negiect of duty, pointed to deliver the votes of the electors to the President of the Senate, shall after accepting of his appointment neg- lect to perform the services required of him by this act, he shall forfeit the sum of one thousand dollars. Provision in cast Scc. 9. And 1)6 it further enacted, That in case of removal, pre^sideM and vice 'leath, resignation or inability both of the President and president, y-^g President of the United States, the President of the Senate pro tempore, and in case there shall be no President of the Senate, then the Speaker of the House of Eepresen- tatives, for the time being shall act as President of the United States until the disability be removed or a President shall be elected, duty of Sec. of Sec, 10. And he it further enacted. That Avhenever the event, ^fg^gg ^f President and Vice President shall both become The Administration of George Washington 45 vacant, fhe Secretary of State shall forthwith cause a notifi- cation thereof to he made to the executive of every state, and shall also cause the same to be published in at least one of the newspapers printed in each state, specifying that electors of the President of the United States shall be ap- pointed or chosen in the several states within thirty-four days preceding the first Wednesday in December then next ensuing: Provided, There shall be the space of two months between the date of such notification and the said first " Wednesday in December, but if there shall not be the space of two months between the date of such notification and the first Wednesday in December; and if the term for which the President and Vice President last in offiice were elected shall not expire on the third day of March next ensuing, then the Secretary of State shall specify in the notification that the electors shall be appointed or chosen within thirty- four days preceding the first Wednesday in December in the year next ensuing, within which time the electors shall accordingly be appointed or chosen, and the electors shall meet and give their votes on the said first Wednesday in December, and the proceedings and duties of the said elec- tors and others shall be pursuant to the directions prescribed in this act. Sec. 11. And he it further enaded, That the only evidence Evidence of refusal, of a refusal to accept or of a resignation of the office of Presi- president, &c. dent or Vice President, shall be an instrument in writing declaring the same, and subscribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the Secretary of State. Sec. 12. And be it further enacted, That the term of four when the term of years for which a President and Vice President shall be commence. elected shall in all cases commence on the fourth day of March next succeeding the day on which the votes, of the electors shall have been given. Approved March 1, 1792. [United States Statutes at Large, Vol. 1, p. 279.] Chap. XXXVII. — An Act mahing alterations in the Treas- ury and War Departments. 46 Executive Register of the United States Mays, 1792. Sectioii 1. B& U enacteclhy HiB Senate and HousB of Re pvc- sentatives of the United States of America in Congress assem- bled, ******* Power of the Sec. 8. And le it further enacted, That in case of th(3 &To1:The°hel'crs*of death, absence from the seat of government, or sickness of department! the Secretary of State, Secretary of the Treasury, or of the Secretary of the War department, or of any officer of either of the said departments whose appointment is not in the head thereof, whereby they cannot perform the duties of their said respective offices, it shall be lawful for the Presi- 1795, ch. 21. dent of the United States, in case he shall think it necessary, to anthorize any person or persons at his discretion to per- form the dnties of the said respective offices nntil a successor be appointed, or nntil such absence or inability by sickness shall cease. Approved, May 8, 1792. THE ADMINISTRATION OF GEORGE WASHINGTON SECOND TEEM March 4, 1793, to March 3, 1797 48 Executive Eegistee of the United States ELECTION FOR THE SECOND TERM COMMENCING 4th MARCH, 1793, AND TERMINATING 3rd MARCH, 1797. 16 4 9 3 12 7 15 3 8 21 4 13 STATES. New Hampshire. Massachusetts. . . Ehode Island. . . . Connecticut Vermont New York New Jersey Pennsylvania. . . . Delaware Maryland Virginia Kentucky North Carolina. . South Carolina. , Georgia by a ■■z '"J .a u xn --H . O d5 6 16 4 9 3 13 7 1.5 8 31 4 13 8 4 6 16 4 14 3 a, a) 13 1 21 12 4 5 !< 133, whole number; necessary to elect, 67. 133 77 50 [Works of Hamilton, by John C. Hamilton, Vol. IV, p. 341.] Washington to Hamilton and Knox. February 27, 1793. Sir: As the day is near at hand when the President elect is to take the oath of qualification, and no mode is pointed out by the Constitution or by law, I could wish that you, Mr. Jefferson (Gen. Knox or Col. Hamilton), and Mr. Eandolph, could meet tomorrow morning at any place which you may fix between yourselves, and communicate to me the result of your opinions as to time, place, and manner of qualification. George Washington. The Administration of George Washington 49 P. S. Mr. Jefferson and Mr. Eandolph have suggested the idea of meeting at the War Office, at nine o'clock, to- morrow morning. If this is convenient and agreeable to yon, you will be there accordingly; if otherwise, you will be so good as to let me know. Cabinet Opinion. Feb. 27, 1793. If the qualification is to be in private, T. J., A. H., H. K., and E. E. are of opinion that Mr. Gushing should administer the oath to the President at his own house, where such officers, or others, as he may notify, will attend. T. J. and A. H. think that it ought to be in private. Cabinet Opinion. March 1, 1793. It is our opinion, 1. That the President ought to take the oath in public. 2. That the time be on Monday next, at twelve o'clock in the forenoon. 3. That the place be the Senate chamber. 4. That the Marshal of the district inform the Vice- President, that the Senate chamber, being the usual place of the President's public acts, is supposed to be the best place for taking the oath, and that it is wished that the chamber be open. 5. That it may be informally notified to the Vice-Presi- dent, Governor, and Foreign Ministers, that the oath is to be taken at the time and place above mentioned. 6. That Mr. Gushing be requested to attend, and admin- ister the oath. 7. That the President go without form, attended by such gentlemen as he may choose, and return without form, ex- cept that he be preceded by the Marshal. H. Knox. Edm. Eandolph. 50 Executive Eegister of the United States My opinion given yesterday was founded upon prudential considerations of the moment; though I think it right, in the abstract, to give publicity to the act in question. If this is to be done on the present occasion, I see no objection to the above form. I am not, however, satisfied that pru- dential considerations are not equally balanced. A. Hamilton. The Admlnistr-vtion or George Washington 51 George Washington, Virginia. John Adams, Massachusetts. March 4, 1793, to March 3, 1797. Secretary of State. Thomas Jefferson, of Virginia, continued from last admin- istration; resigned and ceased to act December 31, 1793. Edmund Eandolph, of Virginia, nominated January 1, 1794; confirmed and commissioned January 2, 1794; entered upon duties January 2, 1794; resigned August 19, 1795, and served to August 20, 1795. Timothy Pickering, of Pennsylvania (Secretary of War), ad interim August 20, 1795, to December 9, 1795. Timothy Pickering, of Pennsylvania, nominated Decem- ber 9, 1795; confirmed and commissioned December 10, 1795; served through remainder of the administration. Secretary of the Treasury. Alexander Hamilton, of New York, continued from last administration; resigned and ceased to act January 31, 1795. Oliver Wolcott, Jr., of Connecticut, nominated February 2, 1795; confirmed February 3, 1795; commissioned Feb- ruary 2, 1795; entered upon duties February 2, 1795; served through remainder of the administration. Secretary of "War. Henry Knox, of Massachusetts, continued from last admin- istration; resigned December 28, 1794; served to Decem- ber 31, 1794. Timothy Pickering, of Pennsylvania, nominated, confirmed and commissioned January 2, 1795; entered upon duties January 2, 1795; commissioned Secretary of State De- cember 10, 1795. 52 Executive Kegister of the United States Timothy Pickering, of Pennsylvania (Secretary of State), ad interim December 10, 1795, to February 5, 1796. James McPIenry, of Maryland, nominated Jannary 26, 1796; confirmed and commissioned Jannary 27, 1796; entered npon duties February 6, 1796; served through remainder of the administration. Attorney General. Edmund Eandolph, of A^irginia, continued from last ad- ministration; comxinissioned Secretary of State January 2, 1794. William Bradford, of Pennsylvania, nominated January 24, 1794; confirmed and commissioned January 27, 1794; entered upon duties January 29, 1794; died August 23, 1795. Charles Lee, of Virginia, nominated December 9, 1795 ; confirmed and commissioned December 10, 1795; en- tered upon duties same day; served through remainder of the administration. Postmaster General. Timothy Pickering, of Pennsylvania, continued from last administration; recommissioned during recess of the Senate June 1, 1794, under act of May 8, 1794; nomi- nated December 10, 1794; confirmed and recommis- sioned December 11, 1794; commissioned Secretary of AVar January 2, 1795. Joseph Habersham, of Georgia, nominated February 24, 1795; confirmed and commissioned February 25, 1795; served through remainder of the administration. [United States Statutes at Large, Vol. 1, p. 415.] Feb. 13, 1795. ^^ap. XXI. — An Act to amend the act intituled "An act Act of May 8^ m2, ,,^^^.^-^^ alterations in the Treasury and War departments." iXTlpirt^entl ^^ ^^ enacted hy the Seriate and House of Representatives President torn of the United States of America in Congress assemUed, That in case of vacancy in the office of Secretary of State, Secre- The Administration of George Washington 53 tary of the Treasury, or of the Secretary of the department of War, or of any officer of either of the said departments, whose appointment is not in the head thereof, whereby they cannot perform the duties of their said respective offices; it shall he lawful for the President of the United States, in case he shall think it necessary, to authorize any person or per- sons, at his discretion, to perform the duties of the said respective offices, until a successor be appointed, or such vacancy be filled : Provided, That no one vacancy shall be sup- proviso, plied, in manner aforesaid, for a longer term than six months. Approved, February 13, 1795. THE ADMINISTEATIOK OF JOHN ADAMS March 4, 1797, to March 3, 1801 S. Doc. 196, 58-3—05 5 56 Executive Kegister of the United States •pntiiXJupi JO N • « '^jn8H nqor i ••BuyioaBO -g JO ,H K '^9niioai O"! ■* • CO ■* • a> *ii9U5[onid; 'soiix '^ • ^ •biuiSjia jo CO'if-^OO^OrJH .^ CO 'nosjCQjjec "saqx i-< OJ • r-( M H •sjjasnqo-BSSBK: Jo •i-ii-li.-C0T-lt-0."!O3TtlCOTj t33 H d N t- W H o CfJ 03 ca t- tf W fl n 03 'S O o o C3 .rH d > -^ "S ^ rt 9 <» o o fl S C O O .2 1 1: ^ '^^'l s ^ ^ g o s a ^ Da)iDQO.rtOSaJaJ«^'i^b.'3°'aJ( h^ HWOaj^>gQP-,|z;:z;otfS;>;2 ; 5 « N •S9J0A TBao:j08ia CO-!jHTiH00(MrHrHCOlCt>(MaJ-*«OTt<«£ > oT JO joqran^ ^ ^ c\ T-T r H "" '" H CO r-l The Administration of John Adams 57 John Adams, Massachusetts. Thomas Jefpeeson, Virginia. March 4, 1797, to March 3, 1801. Seceetaey of State. Timothy Pickeeing, of Pennsylvania, continued from last administration; resignation requested May 10, 1800; he declined to resign, and was dismissed May 13, 1800. Chaeles Lee, of Virginia (Attorney General), ad interim May 13, 1800 to June 6, 1800. John Maeshall, of Virginia, nominated May 12, 1800; con- firmed and commissioned May 13, 1800; entered upon duties June 6, 1800; commissioned Chief Justice of the United States January 31, 1801; accepted Fehruary 4, 1801. Samuel Dextee, of Massachusetts (Secretary of War), was " authorized and requested " by the President on Jan- uary 31, 1801, "to execute the office of Secretary of State so far as to affix the seal of the United States to the enclosed commission to the present Secretary of State, John Marshall, of Virginia, to be Chief Justice of the United States, and to certify in your own name on the commission as executing the office of Secretary of State pro Tiac vice." John Maeshall, of Virginia (Chief Justice of the United States), ad interim February 4, 1801, to March 3, 1801. Seceetaey of the Teeasuey. Olivee Wolcott, Je., of Connecticut, continued from last administration; resigned November 8, 1800, to take ef- fect December 31, 1800. Samuel Dextee, of Massachusetts, nominated December 24, 1800; confirmed December 31, 1800; commissioned Jan- uary 1, 1801; entered upon duties same day; served through remainder of the administration. 58 Executive Kegister of the United States Secretary of War. James McHenrt, of Maryland, continued from last adminis- tration; resigned May 6, 1800, to take effect June 1, 1800; served to May 31, 1800. John Marshall, of Virginia, nominated May 7, 1800; de- clined, and was nominated as Secretary of State May 12, 1800. Benjamin Stoddert, of Maryland (Secretary of the Navy), ad interim June 1, 1800 to June 12, 1800. Samuel Dexter, of Massachusetts, nominated May 12, 1800; confirmed and commissioned May 13, 1800; entered upon duties June 12, 1800; commissioned Secretary of the Treasury, January 1, 1801. Lucius H. Stockton, of New Jersey, nominated January 11, 1801; nomination withdrawn at request of Stockton January 29, 1801. Samuel Dexter, of Massachusetts (Secretary of the Treas- ury), ad interim January 1, 1801, to close of the ad- ministration. Roger Grisavold, of Connecticut, nominated January 29, 1801; confirmed and commissioned February 3, 1801; declined. Attorney General. Charles Lee, of Virginia, continued from last administra- tion; served to March 3, 1801; commissioned Chief Judge of the 4th Circuit February 20, 1801. Theophilus Parsons, of Massachusetts, nominated Febru- ary 18, 1801; confirmed February 20, 1801; was not com- missioned, having declined. Postmaster General. Joseph Habersham, of Georgia, continued from last admin- istration; served through this administration. Seceetary of the Navy.* George Cabot, of Massachusetts, nominated May 1, 1798; confirmed and commissioned May 3, 1798; declined May 11, 1798. *The Navy Department was established by act of April 30, 1798. The Administration of John Adams 59 Benjamin Stoddert, of Maryland, nominated May 18, 1798; confirmed and commissioned May 21, 1798; entered upon duties June 18, 1798; served through remainder of the administration. [United States Statutes at Large, Vol. 1, p. 553.] Chap. XXXV. — An Ad to establish an Executive depart- April so, i798. ment, to he denominated the Department of the Navy. Section 1. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That there shall he an executive department Department of the under the denomination of the Department of the Navy, ^^^^' the chief officer of which shall be called the Secretary of the secretary of the Navy, whose duty it shall be to execute such order's as he ^^"^'-^^^ <^"*y- shall receive from the President of the United States, rela- tive to the procurement of naval stores and materials and the construction, armament, equipment and employment of vessels of war, as well as all other matters connected with the naval establishment of the United States. Sec. 2. And he it further enacted, That a principal clerk jje may appoint and such other clerks as he shall think necessary, shall be °^®'"'^^- appointed by the Secretary of the Navy, who shall be em- ployed in such manner as he shall deem most expedient. In case of vacancy in the office of the secretary, by removal or otherwise, it shall be the duty of the principal clerk to take the charge and custody of all the books, records and documents of the said office. Sec. 3. And he it further enacted, That the Secretary of He may take pos- the Navy be and he is hereby authorized and empowered, &cf hfthl war °°''^' immediately after he shall be appointed and shall enter upon ^o^hTs (kmrtmelft*'^ the duties of his office, to take possession of all the records, books and documents and all other matters and things ap- pertaining to this department, which are now deposited in the office of the Secretary at War. Sec. 4. And he it further enacted, That there shall be g^j^^^y ^j ^^^ g^^^g. allowed to the Secretary of the Navy an annual salary of ^^''y ^"<^ ^'^^ '^''^'■''^■ three thousand dollars, payable quarter yearly at the treas- ury of the United States, and the respective clerks m the office of the said department shall receive the same compen- 60 Executive Kegister of the United States sations and be subject to the same regulations, as are pro- vided by an act, supplemental to the act, establishing the treasury department, and for a further compensation to certain officers, in the offices of the other executive depart- ments. Part of the act Scc. 5. And 1)6 it furtlicr enacted, That so much of an act, ostabiishvng^the War g^^^^^^g^ « j^^ ^ct to establish an executive department, to be i789rc^h.i: denominated the department of war," as vests any of the powers contemplated by the provisions of this act, in the Secretary for the department of War, shall be repealed, from and after the period when the Secretary of the Navy shall enter on the duties of his office. Approved, April 30, 1798. [United States Statutes at Large, Vol. 1, p. 733.] March 2, 1799. Chap. XLIII. — An Act to establish the Post-Office of the United States. Repealed April 30 Sectiou 1. Bc it cuactcd % the Senate and House of Act of March 3*^\'s25 Representatives of the United States of America in Congress ch- 65. assembled, That there be established at the seat of govern- Generai post-ofSce to ment of the United States, a General Post-office, under the ' direction of a Postmaster General. In case of vacancy ProvidcdyThat in casc of the death, resignation, or removal on his assistant, from officc of the Postmastcr General, all his duties shall be performed by his assistant, until a successor shall be appointed and arrive at the general post-office to perform the business. :^ ^ ^ ii: d: ^ ^ Sec. 31. And be it further enacted, ******* Provided also. That the Postmaster General, deputy post- masters, contractors for carrying the mail, and others em- ployed under the aforesaid acts, shall continue to hold their several offices, appointments and trusts, until they are other-, wise removed; any thing herein contained that might be con- strued to the contrary notwithstanding; ***** * * Approved, March 2, 1799. THE ADMINISTEATION OF THOMAS JEFFERSON FIRST TERM March 4, 1801, to March 3, 1805. 62 Executive Eegister of the United States ELECTION FOR THE EOUETH TERM, COMMENCING 4th MARCH, 1801, AND TERMINATING 3bd MARCH, 1805. 16 4 9 4 13 7 15 21 4 12 3 STATES. New Hampshire Massachusetts. . Rhode Island. . . Connecticut .... Vermont New York New Jersey .... Pennsylvania. . . Delaware .... Maryland Virginia Kentucky North Carolina. Tennessee South Carolina . Georgia 138, whole number; necessary to elect, 70. 5 O 13 .5 21 4 8 3 8 4 S^ 12 5 21 4 8 3 8 4 73 16 4 6.5 6 16 3 9 4 64 electioin" of the peesident in the house op eepeesentatives. Jefferson and Burr having an equal number of electoral votes, and consequently there being no choice, the House of Eepresentatives proceeded on Pebruary 11, 1801, to choose a President in the manner prescribed by the Constitution. The first ballot resulted in the votes of eight states for Jefferson, six states for Burr, and the votes of two states divided. The balloting continued until February 17, when thirty-five ballots had been taken without any change in the vote. On the thirty-sixth ballot one Federalist from Ver- The Administration of Thomas Jefferson 63 mont withdrew, leaving a Eepublican to vote for that state; four Federalists from Maryland put in blanks, leaving the four Eepublicans to vote for that state; and the votes of South Carolina and Delaware were cast in blank. The re- sult was the votes of New York, New Jersey, Pennsylvania, Virginia, North Carolina, Georgia, Tennessee, Kentucky, Vermont, and Maryland (ten states) were cast for Thomas Jefferson, of Virginia; the votes of New Hampshire, Massa- chusetts, Connecticut, and Ehode Island (four states) for Aaron Burr, of New York; and South Carolina and Dela- ware (two states) blank. The Speaker then announced that Thomas Jefferson, of Virginia, had been elected President of the United States for the term of four years commencing on the 4th of March, 1801. G4: Executive Kegistee of the United States Thomas Jefferson, Virginia. Aaeon Burr, New York. March 4, 1801, to March 3, 1805. Secretary of State. John Marshall*, of Virginia (Chief Justice of the United States), ad interim March 4, 1801. Levi Lincoln, of Massachusetts (Attorney General), ad interim March 5, 1801, to May 1, 1801. James Madison, of Virginia, nominated, confirmed and commissioned March 5, 1801; entered upon duties May 2, 1801; served through remainder of the administra- tion. Secretary of the Treasury. Samuel Dexter, of Massachusetts, continued from last ad- ministration; resigned March 30, 1801, to take effect April 20, 1801; served to May 6, 1801. Albert Gallatin, of Pennsylvania, commissioned (recess of the Senate) May 14, 1801; entered upon duties same day; nominated January 6, 1802; confirmed and recom- missioned January 26, 1802; served through remainder of the administration. Secretary of War. Henry Dearborn, of Massachusetts, nominated, confirmed and commissioned March 5, 1801; entered upon duties same day; served through remainder of the adminis- tration. * For the special purpose of countersigning some sea letters for use after March 4, 1801. (Jefferson to Marshall, March 2, 1801, Jefferson's Works, Vol. IV., p. 364.) The Administration of Thomas Jefferson 65 Attorney General. Levi Lincoln, of Massachusetts, nominated, confirmed and commissioned March 5, 1801; entered npon duties same day; resigned December 26, 1804, to take effect De- cember 31, 1804, to which date he served. Robert Smith, of Maryland, nominated and confirmed March 2, 1805; commissioned March 3, 1805. Did not take office as Attorney General, but continued as Sec- retary of the Navy. Postmaster General. Joseph Habersham, of Georgia, continued from last ad- ministration; resigned and served to November 2, 1801. Gideon Granger, of Connecticut, commissioned (recess of the Senate) November 28, 1801; entered upon duties same day; nominated January 6, 1802; confirmed and recommissioned January 26, 1802; served through re- mainder of the administration. Secretary of the Navy. Benjamin Stoddert, of Maryland, continued from last ad- ministration; resigned February 18, 1801, to take effect in March; served to March 31, 1801. Henry Dearborn, of Massachusetts (Secretary of War), ad interim April 1, 1801, to July 17, 1801. General Samuel Smith, a member of the House of Eepre- sentatives from Maryland, was in reality in charge of Naval Affairs from March 31 to June 13, 1801, while General Dearborn was nominally Secretary of the Navy ad interim. Egbert Smith, of Maryland, commissioned (recess of the Senate) July 15, 1801; entered upon duties July 27, 1801; nominated January 6, 1802; confirmed and re- commissioned January 26, 1802; nominated and con- firmed as Attorney General March 2, 1805; commis- sioned March 3, 1805; did not take office as Attorney General, but continued as Secretary of the Navy through the remainder of the administration. 66 Executive Eegister of the United States Jacob Crowninshield, of Massachusetts, nominated and confirmed Marcli 2, 1805; commissioned March 3, 1805; declined, and Eobert Smith continued as Secretary of the Kavy. [United States Statutes at Large, Vol. II, p. 295.] March 26, 1804. Chap. L. — An Ad supplementary to the act intituled "An Twelfth amendmont flcif vcUtive to the eUctiou of a President and Vice President oftL"u.Tates."'2"2!o/ the United States, and declaring the officer who shall act as President, in case of vacancies in the offices both of Presi- dent and Vice President." Act of March 1, 1792, Be it cuacted by the Senate and House of Representatives ch. 8, vol. 1, 239. ^y, ^^^^ United States of America in Congress assembled, That whenever the amendment proposed during the present ses- sion of Congress, to the constitution of the United States, respecting tlie manner of voting for President and Vice- President of the United States, shall have been ratified by the legislatures of three fourths of the several states, the The, secretary ot Secretary of State shall forthwith cause a notification thereof state to notify the , ■, i x j.i j_- j? x j. t i n i executives of tiie to 06 made to tlic cxecutivc ot cvcry state, and shall also proposed amendment ,n , ^ itit- , ^ , en when ratified and to cause the Same to DC published, m at least one oi the news- pu IS le . pg^pgpg printed in each state, in which the laws of the United States are annually published.* The executive authority of Transcripts of the cRcli statc shall causc a trauscript of the said notification to delivered to the be delivered to the electors appointed for that purpose, who give their votes shall first thereafter meet in such state, for the election tiie amenctaint! of a President and Vice President of the United States: and whenever the said electors shall have received the said transcript of notification, or whenever they shall meet more than five days subsequent to the publication of the ratifi- cation of the above-mentioned amendment, in one of the s newspapers of the state, by the Secretary of State, they shall vote for President and Vice President of the United States, respectively, in the manner directed by the above-men- tioned amendment, and having made and signed three certi- * The amendment was proposed in October, 1803, and was rati- fied before September, 1804. The Administration of Thomas Jefferson 67 ficates of all the votes given by them, each of which certifi.- How certificates cate shall contain two distinct lists, one, of the votes given are to be made, for President, and the other, of the votes given for Vice President: they shall seal up the said certificates, certifying on each, that lists of all the votes of svich state given for President, and of all the votes given for Vice President, is contained therein, and shall cause the said certificates to be transmitted and disposed of, and in every other respect act in conformity with the provisions of the act to which this is a supplement. And every other provision of the act to Provisions of Avhich this is a supplement, and which is not virtually re- inconsistent with pealed by this act, shall extend and apply to every election to aii future of a President and Vice President of the United States, made in conformity to the above-mentioned amendment to Act of March i, the constitution of the United States. i, 239. And whereas, the above-mentioned amendment may be rat- ified by the legislatures of three fourths of the states, and thereupon become immediately valid, to all intents and pur- poses, as part of the constitution, on a day so near the day fixed by law for the meeting of the electors in the several states, that the electors shall not in every state be apprised of the said ratification, and may vote in a manner no longer conformable with the constitution, as amended, whereby several states might be deprived of their vote in the election of a President and Vice President : for remedy whereof, Sec. 2. Be it further enacted, That the electors who shall Eiectorg to vote , • J 1 • 1 I I p 11 1 j_- p -r> • 1 1. t>y distinct ballots be appointed m each state lor the election ot a President for president and and Vice President of the United States, shall at every such according- to the election, unless they shall have received a transcript of the art. of the consti- i-n !• -c XT, J.-J2 J.- i! j-T, 1, X' J tution, and accord- notification ot the ratification ot the above-mentioned jng to the proposed amendment to the constitution, or unless they shall meet they"b™uninformed more than five days subsequent to the publication of the said ?he*^fete^of the ratification by the Secretary of State, in one of the news- a™^"^*^"^" •" papers of the state, vote for President and Vice President of the United States, in the following manner, that is to say : they shall vote for two persons as President and Vice Pres- ident, in conformity with the first section of the second ar- ticle of the constitution. And in other respects act in con- 68 Executive Kegistek of the United States And to make returns formity witli the provisions of the act to which this act accordingly. .^ ^ supplement; and they shall likewise vote for one person as President, and for one person as Vice President, in con- formity with the above-mentioned amendment of the con- stitution; and in other respects act in conformity with the provisions of the first section of this act. But those certifi- which of these arc catcs ouly, of votcs givcn for President and Vice President opned am^ of the United States, shall be opened by the president of the Senate, for the purpose of being counted, which shall con- tain the list or lists of votes given in conformity with the constitution, as in force on the day fixed by law for the meeting of the electors, by whom the said votes shall have been given. In case of a vote Sec. 3. And he it further enacted, That whenever, by the ™ '^ tion of the u. provisious of the second section of this act, it shall be the states, as it now . „, ,, „ j.j.x x- M -x stands, and one duty of the electors f or any state, to vote m coniormity, ' amendmlnt°pro^ botli with the constitutiou, and of the proposed amendment eiectms'toVe°given thereto, the cxccutive authority of such state shall cause ° one of^these' lists six lists of the iiaiues of the electors for the state, to be made and certified, and to be delivered to the said electors, on or before the day fixed by law for them to meet and and vote for President and Vice President; and the said electors shall enclose one of the said lists in each of the certificates by them made and sealed, in conformity with the provisions of this act, and of the act to which this is a sup- plement. Approved, March 26, 1804. AETICLE XII. OF THE AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. The Electors shall meet in their respective states, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the per- son voted for as President, and in distinct ballots the per- son voted for as Vice-President, and they shall make dis- tinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of The Administration of Thomas Jefferson 69 votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — The Pres- ident of the Senate shall, in the presence" of the Senate and House of Eepresentatives, open all the certificates and the votes shall then be counted ; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Eepresentatives shall choose immediately, by ballot, the President. But in choosing the President, tlie votes shall be taken by States, the representation from each state having one vote; a quorum for this purpose shall consist of a mem- ber or members from two-thirds of the states, and a major- ity of all the states shall be necessary to a choice. And it the House of Eepresentatives shall not choose a President whenever the right of choice shall devolve upon them, be- fore the fourth day of March next following, then the Vice- President shall act as President, as in the case of the death or other constitutional disability of the President. — The person having the greatest number of votes as Vice-Presi- dent, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest num- bers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person con- stitutionally ineligible to the office of President shall be elig- ible to that of Vice-President of the United States. Note. — The Twelfth Amendment was declared in a proclamation of the Secretary of State, dated September 25, 1804, to have been ratified by the legislatures of three-fourths of the States. THE ADMINISTEATION" OF THOMAS JEFFERSON SECOND TEEM March 4, 1805, to March 3, 1809 S. Doc. 196, 58-3—05 6 n Executive Eegister of the United States ELECTION FOR THE FIFTH TERM, COMMENCING 4th MARCH, 1805, AND TERMINATING 3rd MARCH, 1809. a ® 7 19 4 9 6 19 8 20 3 11 24 14 10 6 5 STATES. New Hampshire Massachusetts . Rhode Island . . Connecticut . . . Vermont New York. . . . New Jersey. . . . Pennsylvania . . Delaware Maryland Virginia North Carolina South Carolina. Georgia Tennessee Kentucky Ohio 1 76, whole number ; necessary to elect, 89. President. Vice-Pres't. £.5 O =*-! si O 7 19 4 6 19 8 20 9 24 14 10 6 .5 16S .M cS 14 5 !>^ ® (D O =H 0) o 7 19 4 6 19 8 20 9 24 14 10 6 5 8 3 162 1^ 3 ^ 3 O 14 The Administkation of Thomas Jeffekson 73 Thomas Jeffeeson, Virginia. Geokge Clinton, Xsw York. March 4, 1805, to March 3, 1809. Secketary of State. James Madison, of Virginia, continued from last admin- istration, served to March 3, 1809; inaugurated Presi- dent March 4, 1809. Secretaey of the Treasury. Albert Gallatin, of Pennsylvania, continued from last administration; served through this administration. Secretary of War. Henry Dearborn, of Massachusetts, continued from last administration; resigned and served to February 16, 1809. John Smith (Chief Clerk), ad interim February 17, 1809, to close of the administration. Attorney General. John Breckenridge, of Kentucky, commissioned (recess of the Senate), August 7, 1805; entered upon duties same day; nominated December 20, 1805; confirmed and re- commissioned December 23, 1805; died December 14, 1806. Caesar A. Rodney, of Pennsylvania, nominated January 15, 1807; confirmed and commissioned January 20, 1807; served through remainder of the administration. Postmaster General. Gideon Granger, of Connecticut, continued from last ad- ministration; served through this administration. Secretary of the Kavy. Robert Smith, of Maryland, continued from last adminis- tration; served through this administration. THE ADMINISTRATION OF JAMES MADISON FIRST TERM March 4, 1809, to March 3, 181S 76 Executive Register of the United States ELECTION FOR THE SIXTH TERM, COMMENCING 4th MARCH, 1809, AND TERMINATING 3bd MARCH, 1813. 55 7 19 4 9 6 19 8 20 3 11 24 14 10 6 7 5 3 STATES. New Hampshire . . . Massachusetts Rhode Island Connecticut Vermont New Yoriv New Jersey Pennsylvania Delaware Maryland Virginia , North Carolina . . . . South Carolina . . . . Georgia Kentucliy Tennessee Ohio 175, whole number; necessary to eiect, 88. President. I -a dq-i 6 13 8 30 9 34 11 10 6 7 .5 3 132 a> o 47 Vice President. 5^ ® o 13 8 30 9 34 11 10 6 7 .5 113 MIS 2.S a a OS ? s ^ d o 7 19 4 47 The Administration of James Madison 77 James Madison^ Virginia. George Clinton^ New York (Died April 20, 1813). William H. Crawford, Georgia (President fro tempore of the Senate). March 4, 1809, to March 3, 1813. Secretary of State. KoBERT Smith, of Maryland, nominated, confirmed and com- missioned March 6, 1809; entered upon duties same day; served to March 31, 1811; resigned April 1, 1811. James Monroe, of Virginia, commissioned (recess of the Senate) April 2, 1811; entered upon duties April 6, 1811; nominated November 13, 1811; confirmed No- vember 25, 1811; re-commissioned November 26, 1811; served through remainder of the administration. Secretary of the Treasury. Albert Gallatin, of Pennsylvania, continued from last ad- ministration; served through this administration. Secretary of War. John Smith (Chief Clerk), ad interim from last administra- tion to April 7, 1809. William Eustis, of Massachusetts, nominated March 6, 1809; confirmed and commissioned March 7, 1809; en- tered upon duties April 8, 1809; resigned December 3, . 1812; served to December 31, 1812. James Monroe, of Virginia (Secretary of State), ad interim January, 1, 1813, to February 4, 1813. John Armstrong, of New York, nominated January 8, 1813; confirmed and commissioned January 13, 1813; entered upon duties February 5, 1813; served through remain- der of the administration. ^8 Executive Eegister of the IJnited States Attorney General. Caesae a. Rodney, of Pennsylvania, continued from last ad- ministration; served to December 5, 1811, when he re- signed. William Pinkney, of Maryland, nominated December 10, 1811; confirmed and commissioned December 11, 1811; entered npon duties January 6, 1813; served through remainder of the administration. Postmaster General. Gideon Granger, of Connecticut, continued from last ad- ministration; served through this administration. Secretary of the Navy. Robert Smith, of Maryland, continued from last adminis- tration; served to March 7, 1809; commissioned Secre- tary of State March 6, 1809. Charles W. Goldsborough (Chief Clerk), ad interim, March 8, 1809, to May 11, 1809. Paul Hamilton, of South Carolina, nominated, confirmed and commissioned March 7, 1809; entered upon duties May 15, 1809; resigned December 30, 1812; served to December 31, 1812. Chakles W. Goldsborough (Chief Clerk), ad interim Jan- uary 7, 1813 to January 18, 1813. ' William Jones, of Pennsylvania, nominated January 8, 1813; confirmed and commissioned January 12, 1813; entered upon duties January 19, 1813; served through remainder of the administration. [United States Statutes at Large, Vol. 2, p. 592.] April 30, 1810. Chap. XXXVII. — An Act regulating the Post-office Es- tablishment. Repealed by act of Be it enacted hy the Senate and House of Representatives March 3, 1825, ch. 64. j: ,7 7-7 -j 7 cyj j r a • ■ ^ , Of the United btates of America m Congress ossemhied. That there be established, at the seat of government of the United The Administration of James Madison 79 States, a general post-office, under the direction of a Post- General post-omce master-General. The Postmaster-General shall appoint two the seat of government. assistants, and such clerks as may be necessary, for perform- Duties of the ,11 . PI- ni Postmaster-General. mg the business oi his othce. ******* Provided, that in case of the death, resignation or re- moval from office of the Postmaster-General, all his duties shall he performed by his senior assistant, until a successor shall be appointed and arrive at the general post-office to perform the business. ***** * * Sec. 42. And le it further enacted, * * * * * * * * * Provided Wkeivise, that the Postmaster-General, assistant officers of the post- Postmaster-General, deputy postmasters, contractors for car- hSTthe?r offices* *° rying the mail, and others employed under the aforesaid removed!^'^'^^ acts, shall continue to hold their several offices, appoint- ments and trusts, until they are otherwise removed; any thing herein contained that might be construed to the con- trary notwithstanding; * * * * ******* Approved, April 30, 1810. THE ADMINISTEATION OF JAMES MADISON SECOND TEEM March 4, 1813, to March 3, 1817 82 Executive Kegister of the United States ELECTION FOR THE SEVENTH TERM, COMMENCING 4th MARCH, 1813, AND TERMINATING 3rd MARCH, 1817. STATES. President. V. President. O o g b. o d 2. ^ '•3 'S io « o p ,-r '3 is >» to fl a 1-5 8 New Hampshire 8 25 6 25 15 11 8 12 8 7 3 8 22 4 9 29 8 4 5 1 2 8 25 6 25 15 11 8 12 8 7 3 7 22 Massachusetts 20 4 9 Rhode Island Connecticut 4 9 8 Vermont 29 New York 29 8 New Jersey 8 25 Pennsylvania 4 Delaware 4 11 Maryland 5 25 Virginia 15 North Carolina 11 South Carolina 8 Georgia 12 Kentucky .... 8 Tennessee 7 Ohio 3 Louisiana 217, whole number; necessary to elect, 109. 128 89 131 86 The Administration of James Madison 33 James Madison, Virginia. Elbeidge Gerry, Massachusetts (Died jSTovember 23, 1814). John GtAILLAed, South Carolina (President pro tempore ol the Senate). March 4, 1813, to March 3, 1817. Secretary of State. James Monroe, of Virginia, continued from last adminis- tration; served to September 30, 1814; confirmed as Secretary of War September 27, 1814. James Monroe, of Virginia (Secretary of War), ad interim October 1, 1814, to February 28, 1815. James Monroe, of Virginia, nominated February 27, 1815; confirmed and commissioned February 28, 1815; served to March 3, 1817; inaugurated President March 4, 1817. Secretary of the Treasury. Albert Gallatin, of Pennsylvania, continued from last administration; while holding this office, he was com- missioned Envoy Extraordinary and Minister Plenipo- tentiary on April 17, 1813, with John Quincy Adams and James A. Bayard, to negotiate a peace with Great Britain. He left Washington April 21, 1813, and his nomination as such was rejected by the Senate July 19, 1813. On February 9, 1814, his seat as Secretary of the Treasury was declared vacant because of his ab- sence in Europe, and on the same day he was reap- pointed Envoy Extraordinary and Minister Plenipoten- tiary to Great Britain. William Jones, of Pennsjdvania (Secretary of the Navy), ad interim April 21, 1813, to February 9, 1814. George W. Campbell, of Tennessee, nominated February 8, 1814; confirmed and commissioned February 9, 1814; 84 Executive Kegister of the United States entered upon duties same day; served to September 26, 1814, on which day he resigned. Alexander J. Dallas, of Pennsylvania, nominated Octo- ber 5, 1814; confirmed and commissioned October 6, 1814;' entered npon duties October 14, 1814; resigned April 8, 1816 ; to take effect October 1, 1816 ; served to October 21, 1816. William H. Crawford, of Georgia, commissioned (recess of the Senate), October 22, 1816; entered upon duties same day; served .through remainder of the administra- tion. Secretary of War. John Armstrong, of Xew York, continued from last admin- istration; resigned August 29, 1814; not accepted, served to August 30, 1814. James Monroe, of Virginia (Secretary of State), ad interim August 30, 1814, to September 30, 1814. James Monroe, of Virginia, nominated September 26, 1814 ; confirmed September 27, 1814; qualified October 1, 1814; served to February 28, 1815, when he was commissioned Secretary of State. James Monroe, of Virginia (Secretary of State), ad interim March 1, 1815 to March 14, 1815. Henry Dearborn, of Massachusetts (Major General of the i\rmy), nominated March 1, 1815; nomination with- drawn March 2, 1815. ALEXiVNDER J. DALLAS, of Pennsylvania (Secretary of the Treasury) ad interim March 14, 1815, to August 8, 1815. William H. Crawford, of Georgia, nominated March 2, 1815; confirmed March 3, 1815; commissioned August 1, 1815; entered upon duties August 8, 1815; served to October 21, 1816; commissioned Secretary of the Treas- ury October 22, 1816. George Graham (Chief Clerk), ad interim October 22, 1816, to close of the administration. The Administration of James Madison 85 Attorney General. William Pinkney^ of Maryland, continued from last ad- ministration; resigned January 35, 1814; served to Feb- ruary 10, 1814. EiCHARD EusH, of Pennsylvania, nominated February 8, 1814; confirmed and commissioned February 10, 1814; entered upon duties February 11, 1814; served througb remainder of the administration. Postmaster General. Gideon Granger, of Connecticut, continued from last ad- ministration; served to February 25, 1814. Eeturn J. Meigs^ Jr.^ of Ohio, nominated February 35, 1814; confirmed and commissioned March 17, 1814; entered upon duties April 11, 1814; served through re- mainder of the administration. Secretary op the ISTavy. William Jones^ of Pennsylvania, continued from last ad- ministration; resigned September 11, 1814, to take ef- fect December 1, 1814; served to December 1, 1814. Benjamin Homans (Chief Clerk), ad interim December 3, 1814, to January 15, 1815. Benjamin W. Crowninshield, of Massachusetts, nominated December 15, 1814; confirmed and commissioned De- cember 19, 1814; entered upon duties January 16, 1815; served through remainder of the administration. THE ADMINISTRATION OF JAMES MONEOE FIRST TERM March 4, 1817, to March 3, 1831 S. Doc. 196, 58-3—05 -7 Executive Register of the United States ELECTION FOR THE EIGHTH TERM, COMMENCING 4th MARCH, 1817, AND TERMINATING 3iiD MARCH, 1831. X! O 22 4 9 8 29 8 25 3 8 25 15 11 8 12 STATES. New Hampshire Massachusetts. . Rhode Islard. . . Connecticut. . . . Vermont New Torli New Jersey .... Pennsylvania. . . Delaware Maryland Virginia North Carolina. South Carolina. Georgia, Kentucky Tennessee Ohio Louisiana Indiana 217, whole number; necessary to elect, 109. President o oS 5 -a 183 b£0 (D ■■W«H 3 O 34 Vice President. P. • 3 o P 183 ^ C O OS h5 23 22 pi d •So The Administeation of James Moneoe 89 James Monroe, Virginia. Daniel D. Tompkins, ISTew York. March 4, 1817, to March 3, 1821. Secretary of State. John G-raham (Chief Clerk), ad interim March 4, 1817, to March 10, 1817. EiCHARD EusH, of Pennsylvania (Attorney General), ad in- terim March 10, 1817, to September 32, 1817. John Quincy Adams, of Massachusetts, nominated, con- firmed and commissioned March 5, 1817; entered upon duties September 22, 1817; served through remainder of the administration. Secretary of the Treasury. William H. Crawford, of Georgia, continued from last administration; nominated, confirmed and recommis- sioned March 5, 1817; served through remainder of the administration. Secretary of War. George Graham (Chief Clerk), ad interim from last admin- istration to December 9, 1817. Isaac Shelby, of Kentucky, nominated, confirmed and com- missioned March 5, 1817; declined. John C. Calhoun, of South Carolina, commissioned (recess of the Senate), October 8, 1817; entered upon duties December 10, 1817; nominated December 13, 1817; confirmed December 15, 1817; recommissioned Decem- ber 16, 1817; served through remainder of the admin- istration. 90 Executive Register of the United States Attorney General. EiCHARD EusH, of Pennsylvania, continued from last ad- ministration ; served to October 30, 1817; appointed En- voy Extraordinary and Minister Plenipotentiary to England. William Wirt, of Virginia, commissioned (recess of the Senate), November 13, 1817; entered upon duties No- vember 15. 1817; nominated December 12, 1817; con- firmed December 15, 1817; recommissioned December 16, 1817; served through remainder of the adminis- tration. Postmaster General. Return J. Meigs, Jr., of Ohio, continued from last admin- istration; served through this administration. Secretary of the Navy. Benjamin W. Crowninshield, of Massachusetts, continued from last administration; resigned, and served to Sep- tember 30, 1818. John C. Calhoun, of South Carolina (Secretary of War), ad interim October 19, 1818, to December 31, 1818. Smith Thompson, of New York, commissioned (recess of the Senate), November 9, 1818; nominated November 27, 1818; confirmed and recommissioned November 30, 1818; entered upon duties January 1, 1819; served through remainder of the administration. THE ADMINISTEATION OF JAMES MONEOE SECOND TEEM March 5, 1831, to March 3, 1835 92 Executive Eegister of the United States ELECTION FOR THE NINTH TERM, COMMENCING 4th MARCH, 1821, AND TERMINATING anD MARCH, 1825. 3 f^ 8 15 4 29 8 25 4 11 25 15 11 8 12 8 8 3 3 3 3 3 9 3 STATES. New Hampshire Massachusetts. . Rhode Island. . . Connecticut. . . . Vermont New Yorli New Jersey ... Pennsylvania. . . Delaware Maryland Virginia North Carolina. South Carolina. Georgia Kentucky Tennessee Ohio Louisiana Indiana Mississippi Illinois Alabama Maine Missouri 235, whole number; necessary to elect, 118. President 7 15 4 9 8 29 8 24 4 11 25 15 11 8 12 7 8 3 3 231 CO Vice President. o o 03 o 318 o 1) sZ; .Q-4-( O O 3 >> O g ^ 0) OS O Q The Administration of James Monroe 93 [Counting of the electoral votes, February, 1821.] The House of Eepresentatives having rejected the Eeso- liition of the Senate declaring the admission of tiie State of Missouri into the Union, and objection being made to the counting of the votes of that State, the President of the Senate, on February 14, 1821, and in pursuance of a resolu- tion adopted by the two Houses, announced the state of the vote as follows : " Were the votes of Missouri to be counted, the result would be: For James Monroe, of Virginia, for President of the United States, two hundred and thirty-one votes. If not counted, for James Monroe, of A^irginia, two hundred and twenty-eight votes. For Daniel D. Tompkins, of New York, for Vice President of the United States, two hundred and eighteen votes: if not counted, for Daniel D. Tompkins, of New York, for Vice President of the United States, two hundred and fifteen votes. But, in either event, James Monroe, of Virginia, has a majority of the votes of the whole number of electors for President, and Daniel D. Tompkins, of New York, has a majority of the votes, of the whole num- ber of electors, for Vice President of the United States." " I therefore declare, that James Monroe, of Virginia, is duly elected President of the United States, for four years, to commence on the fourth day of March, 1821; and that Daniel D. Tompkins, of New York, is duly elected Vice President of the United States, for the like term of four 3'ears, to commence on the said fourth day of March, 1821." [Miscellaneous Letters to Department of State.] Washington Feb. 20th 1821. Sir I have conversed with my bretheren on the subject you suggested when I had the pleasure of seeing you, & will take the liberty to communicate the result. As the constitution only provides that the President shall take the oath it prescribes " before he enter on the execution of his office," and as the law is silent on the sub- 94 Executive Register of the United States ject, the- time seems to be in some measure at the discretion of that high officer. There is an obvious propriety in tak- ing the oath as soon as it can conveniently be taken, & thereby shortening the interval in which the executive power is suspended. But some interval is inevitable. The time of the actual President will expire, and that of the Presi- dent elect commence, at twelve in the night of the 3d of March. It has been usual to take the oath at mid day on the 4th. Thus there has been uniformly & voluntarily an interval of twelve hours during which the Executive power could not be exercised. This interval may be unavoidably prolonged. Circumstances may prevent the declaration of the person, who is chosen imtil it shall be too late to com- municate the intelligence of his election until after the 4th of March. This occurred at the first election. Undoubtedly, on any pressing emergency the President might take the oath in the first hour of the 4th of March; but it has never been thought necessary so to do, & he has always named such hour as he deemed most convenient. If any circumstance should render it unfit to take the oath on the 4th of March, and the public business would sustain no injury by its being deferred till the 5th, no impropriety is perceived in deferring it till the 5th. Whether the fact that the 4th of March comes this year on sunday be such a circumstance may perhaps depend very much on public opin- ion and feeling. Of this, from our retired habits, there are few perhaps less capable of forming a correct opinion than ourselves. Might we hazard a conjecture, it would rather be in favor of postponing the oath tUl Monday unless some official duty shoidd reqviire its being taken on sunday. But others who mix more in society than we do, can give conjec- tures on this subject much more to be confided in than ours. With very great respect, I have the honor to be Your obedt. sert. J. Marshall The Administeation of James Monroe 95 James Monroe, Virginia. Daniel D. Tompkins, New York. March 5, 1821, to March 3, 1825. Secretaky or State. John Quincy Adams, of Massachusetts, contiDued from last administration; served to March 3, 1825; inaugurated President March 4, 1825. Secretary of the Treasury. William H. Crawford, of Georgia, continued from last administration; served to March 3, 1825, on which day he resigned. Secretary of War. John C. Calhoun, of South Carolina, continued from last administration; served to March 3, 1825; inaugurated Vice President March 4, 1825. Attorney General. William Wirt, of Virginia, continued from last administra- tion; served through this administration. Postmaster General. Eeturn J. Meigs, Jr., of Ohio, continued from last adminis- tration; resigned to take effect July 1, 1823; served to June 30, 1823. John McLean, of Ohio, commissioned (recess of the Sen- ate) June 26, 1823, to take effect from and after July 1, 1823; entered upon duties July 1, 1823; nominated December 5, 1823; confirmed and recommissioned De- cember 9, 1823; served through remainder of the ad- ministration. 96 Executive Eegister of the United States Secretary of the Navy. Smith Thompson^ of New York, continued from last admin- istration; served to August 31, 1823; commissioned Associate Justice of the Supreme Court of the United States September 1, 1833. John Eodgers (Commodore, U. S. Navy, and President of the Board of Navy Commissioners) ad interim Septem- ber 1, 1823, to September 15, 1823. Samuei- L. Southard^ of New Jersey, commissioned (recess of the Senate), September 16, 1823; entered upon duties same day; nominated December 5, 1823; confirmed and recommissioned December 9, 1823; served through re- rgainder of the administration. [United States Statutes at Large, Vol. 4, p. 102.] March 3, 1825. Chap. LXIV. — All Act to reduce into one the several acts Act of March i, establishing and regulating the Post-office Department. Act of July 2, 1836, ]^g {f enacted hit the Senate and House of Representatives ch. 270, ch. 352, -^ ' ^ see. 12. of tJig United States of America, in Congress assemtjled, That Resolution of ' i ' ^ March 2, 183T. there be establislied, at the seat of the government of the Act of Jan. 25, ° 1839, ch. 4. United States, a general post-office, under the direction of a Act of March 3, ' & J. ' 1845, ch. 43. Postmaster General. The Postmaster General shall appoint General post-office and a Postmaster twO aSSlStauts. General provided for. ^ ^ ^ 5j, ^ ^ ^ Proviso. Provided, That, in case of the death, resignation, or re- moval from office, of the Postmaster General, all his duties shall be performed by his senior assistant, until a successor shall be appointed, and arrive at the general post-office, to perform the business. Aiipersons Sec. 2. And he it further enacted, That the Postmaster employed m the ^ -, post-office, and General, and all other persons employed in^ the general post- others attached to . ^ c j or it in any way to office, or ill the carc, custody, or conveyance of the mail, take an oath before t n . ' entering upon the shall, prcvious to entering upon the duties assigned to them, duties of their /• ! , office, or (m) the execution of their trusts, and before they shall be entitled to receive any emolument therefor, respectively take and subscribe the following oath, or affirmation, before The Administration of James Monroe 97 some magistrate, and cause a certificate thereof to be filed in the general post-office : "I, A. B. do swear or affirm, oath. (as the case may be,) that I will faithfully perform all the duties required of me, and abstain from every thing forbid- den by the laws in relation to the establishment of the post- office and post-roads within the United States." Sec. 46, And he it further enacted. That all acts and parts ah acts, &c., of acts which have been passed for the establishment and establishment of regulation of the General Post-office, shall be, and the same repealed. are hereby, repealed : Provided, That the act, entitled " An ch. 48. ^" ' act concerning public contracts," approved on the twenty- proviso, first of April, one thousand eight hundred and eight, shall not be affected hereby, but shall remain in full force and virtue: And provided, also, That nothing herein contained shall be construed to affect or extend to, any offence com- mitted against the laws, now in force, intended by this act to be repealed; but the same shall be prosecuted, and determ- ined, and punished, according to the said laws, nor to affect any existing contract, or debt, or demand, due to or from the department; but all such offences, crimes, debts, duties, demands, and contracts, shall be held in force, and adjudged, determined, and executed, according to the present laws in force, as though this act had not passed; nor shall it affect any appointments to office made under the laws hereby re- pealed. Approved March 3, 1825. THE ADMINISTRATION OF JOHN QUINCY ADAMS March 4, 1825, to March 3, 1829 100 Executive Eegister of the United States •iCsion^naAi jo •99SS9naox JO •Bunoauo q:^JOJ«J jo •\JOX ^9N JO 'pjojuBg uBqjBM •Bmio-iBO qjnog jo 'unoqiBQ -0 nqof t— 11^^ - t- OS CO OD r^ O ■li^'-H -t*i— I '\OiOC0C0i^Oi • •X3Ion^u9>i JO '^Bio Xaa9H •■biSjo90 jo •B^^^asnqoBssBpi jo 'sniBpv 'b nqof •99es9nn9x Jo 'uos^ioBf Ai9jpnv 0DiO-*00t-«D • 1— ICOOO -t^ -ICrH - ■— ' •C^^lOCOO'liC J5 1=1 •s9:;oA.lBJOjooia JO a9quin>i OD»CM b» Mi (^ a a ® 30 30 bs OJ o Bo 11 The Administratioist oi-' Andrew Jackson 113 Andrew Jackson^ Tennessee Martin Van Buren, New York. March 1, 1833, to March 3, 1837. Secretary of State. Edward Livingston^ of Louisiana, continued from last ad- ministration; served to May 29, 1833, on which day he resigned and was appointed Envoy Extraordinary and Minister Plenipotentiary to France. Louis McLane, of Delaware, commissioned (recess of the Senate) May 29, 1833; entered upon duties same day; resigned June 18, 1831, to take effect June 30, 1834, to which day he served. John Forsyth^ of Georgia, nominated, confirmed and com- missioned June 27, 1831; entered upon duties July 1, 1834; served through remainder of the administration. Secretary of the Treasury. Louis McLane^ of Delaware, continued from last adminis- tration; served to May 29, 1833, when he was appointed Secretary of State. ■William J. Duane^ of Pennsylvania, commissioned (recess of the Senate), May 29, 1833; entered upon duties June 1, 1833; removed September 23, 1833. Roger B. Taney, of Maryland, commissioned (recess of the Senate), September 23, 1833; entered upon duties Sep- tember 24, 1833; nominated June 23, 1834; rejected) June 24, 1834; resigned June 25, 1834. McClintock Young (Chief Clerk), ad interim June 25, 1834, to June 30, 1834. Levi Woodbury^ of New Hampshire, nominated, confirmed and commissioned June 27, 1834; entered upon dutieti July 1, 1834; served through remainder of the. admin- istration. 114 Executive Registee of the United States Secretary of War. Lewis Cass, of Ohio, continued from last administration; served to October 4, 1836, on which day he was commis- sioned Envoy Extraordinary and Minister Plenipoten- tiary to France. Carey A. Harris, of Tennessee (Commissioner of Indian Affairs), ad interim October 5, 1836, to October 25, 1836. Benjamin E. Butler, of New York (Attorney General), ad interim October 26, 1836, to March 3, 1837. Benjamin F. Butler, of New York, nominated, confirmed and commissioned March 3, 1837, to be Secretary of War " during the pleasure of the President, until a successor, duly appointed, shall accept such office and enter upon the duties thereof." Attorney General. Eoger B. Taney, of Maryland, continued from last adminis- tration; served to September 23, 1833, on which day he resigned and was appointed Secretary of the Treasury. Peter V. Daniel, of Virginia, commissioned (recess of the Senate), October 22, 1833; declined November 4, 1833. Benjamin F. Butler, of New York, commissioned (recess of the Senate), November 15, 1833; entered upon duties November 18, 1833; nominated June 23, 1834; con- firmed June 24, 1834; recommissioned June 26, 1834; served through remainder of the administration. Postmaster General. William T. Barry, of Kentucky, continued from last ad- ministration; served to April 30, 1835; appointed En- voy Extraordinary and Minister Plenipotentiary to Spain April 10, 1835. Amos Kendall, of Kentucky, commissioned (recess of the Senate), May 1, 1835; entered upon duties same day; nominated December 28, 1835; confirmed and recom- missioned March 15, 1836; served through remainder of the administration. The Administration of Andrew Jackson 115 Secretary of the Navy. Levi Woodbury, of New Hampshire, continued from last ad- ministration; resigned to take effect June 30, 1834; appointed Secretary of the Treasury June 27, 1834. Mahlon DickersoNj of New Jersey, nominated June 38, 1834; confirmed and commissioned June 30, 1834; en- tered upon duties July 1, 1834; served through remain- der of the administration. [United States Statutes at Large, Vol. 5, p. 80.] Chap. CCLXX. — An Act to change the organization of i/te July 2, isse. Post Office Department, and to provide more effectually for the settlement of the accounts thereof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, Sec. 40. And be it further enacted. That in case of the Duties of p. m. • • i>j_iT-ij_j_/^ 1 Oeneral to devolve death, resiornation, or absence of the postmaster ueneral, on Assistant ' ^ ' . p. M. G. all his powers and duties shall devolve, for the time being, on the First Assistant Postmaster General. ******* Approved, July 2, 1836. THE ADMINISTEATION OF MARTIN VAN BUREN March 4, 1837, to March 3, 1841 118 Executive Eegister of the United States ELECTION FOR THE THIRTEENTH TERM, COMMENCING 4th MARCH, 1837, AND TERMINATING 3rd MARCH, 1841. 12; 10 7 14 4 8 7 42 8 30 3 10 23 15 11 11 15 15 21 5 4 9 5 7 4 8 3 STATES. Maine New Hampshire. Massachusetts . . Rhode Island. . . . Connecticut Vermont New Yorlv New Jersey Pennsylvania . . . Delaware Maryland , Virginia North Carolina. South Carolina. Georgia Kentucl^y Tennessee Ohio Louisiana Mississippi . . . . Indiana Illinois Alabama Missouri Arkansas Michigan 394, whole number; necessary to elect, 148. Popular vote, plurality . . . . 10 7 8 4 3 oO 170 President. 761,549 24,893 bCsH 3 o 11 CB o O 14 15 73 26 Vice President. O 3 11 14 U 736,656 10 7 42 30 15 Six CO III [in 14 *147 10 15 77 47 33 23 •Elected by the Senate. The Administration of Maktin Van Buhen 119 Maetin Van Bueen, ISIew York. EiCHARD M. Johnson, Kentucky. March 4, 1837, to March 3, 1841. Seceetaet of State. John Foesyth, of Georgia, continued from last adminis- tration; served to March 3, 1841, on which day he re- signed. Seceetaey of the Teeasury. Levi Woodbuey, of New Hampshire, continued from last ad- ministration ; resigned March 2, 1841, to take effect March 3, 1841. Seceetaey op War. Benjamin F. Butlee^ of Kew York, ad inierim, continued from last administration; served to March 13, 1837. Joel E. Poinsett, of South Carolina, nominated, confirmed and commissioned March 7, 1837; entered upon duties March 14, 1837; resigned March 2, 1841, to take effect March 3, 1841. AtTOENEY GrENEEAL. Benjamin F. Butler, of New York, continued from last ad- ministration; resigned to take effect September 1, 1838; served to August 31, 1838. Felix Grundy, of Tennessee, nominated, confirmed and com- missioned July 5, 1838, to take effect September 1, 1838 ; entered upon duties September 1, 1838 ; resigned Decem- ber 14, 1839. Henry D, Gilpin, of Pennsylvania, nominated January 8, 1840; confirmed January 10, 1840; commissioned Jan- uary 11, 1840; entered upon duties same day; resigned March 2, 1841, to take effect March 3, 1841, S. Poc. 196, 58-3—05 9 120 Executive Kegistek oe the United States Postmaster General. Amos Kendall^ of Kentucky, continued from last adminis- tration; resigned May 11, 1840; served to May 25, 1840. John M. JSTiles, of Connecticut, nominated May 16, 1840; confirmed May 18, 1840; commissioned May 19, 1840, to take effect May 25, 1840; entered upon duties May 26, 1840 ; resigned March 1, 1841, to take effect March 3, 1841. Secretary of the ISTavy. Mahlon Dickerson, of New Jersey, continued from last administration; resigned to take effect June 30, 1838, to which day he served. James K. Paulding^ of New York, nominated June 15, 1838; confirmed June 20, 1838; commissioned June 25, 1838, to take effect ''after the 30th instant;" entered upon duties July 1, 1838; resigned March 2, 1841, to take effect March 3, 1841. THE ADMINISTEATION OP WILLIAM HENRY HARRISON March 4, 1841, to April 4, 1841 122 Executive Eegistee of the United States ELECTION FOR THE FOURTEENTH TERM, COMMENCING 4th MARCH, 1841, AND TERMINATING 3rd MARCH, 1845. 3H ^ 10 7 14 4 8 7 43 8 30 3 10 33 15 11 11 15 15 21 5 4 9 5 7 4 3 3 STATES. Maine New Hampshire Massachusetts . Khode Island. . Connecticut. . . . Vermont New York New Jersey. . . . Pennsylvania . . Delaware Maryland Virginia North Carolina South Carolina. Georgia Kentucky Tennessee Ohio Louisiana Mississippi . . . . Indiana Illinois Alabama Missouri Arkansas Michigan , 294, whole number; necessary to elect, 148. Popular vote. Plurality . . . . President. s-^ 10 14 4 8 7 42 8 30 3 10 15 11 15 15 31 ' 5 4 9 234 1,375,017 146,315 a u 05 O 60 Vice President. ^9> 1,128,703 234 48 1^ 11 11 44£ Pi aifH The Administeation of Wm. Henry Harrison 123 William Henry Harrison, Ohio (Died April 4, 1841). John Tyler^ Virginia. March 4, 1841, to April 4, 1841. Secretary of State. J. L. Martin (Chief Clerk), ad interim March 4, 1841, to March 5, 1841. Daniel Webster, of Massachusetts, nominated, confirmed and commissioned March 5, 1841; entered upon duties March 6, 1841 ; served through remainder of Harri- son's administration. Secretary of the Treasury. McClintock Young (Chief Clerk), ad interim March 4, 1841, to March 5, 1841. Thomas Ewing, of Ohio, nominated, confirmed and com- missioned March 5, 1841 ; entered upon duties March 6, 1841; served through remainder of Harrison's ad- ministration. Secretary of War. John Bell, of Tennessee, nominated, confirmed and com- missioned March 5, 1841; entered upon duties March 6, 1841 ; served through remainder of Harrison's ad- ministration. Attorney General. John J. Crittenden, of Kentucky, nominated, confirmed and commissioned March 5, 1841; entered upon duties March 6, 1841; served through remainder of Harrison's administration. Postmaster General. Selai-i K. Hobbie, of New York (First Assistant Postmas- ter General), ad interim March 4, 1841, to March 7, 1841. Francis Granger, of Few York, nominated M arch 5, 1841 ; confirmed and commissioned March 6, 1841; entered upon duties March 8, 1841 ; served through remainder of Harrison's administration. 124 Executive Eegistee of the United States Secretary of the Navy. John D. Simms (Chief Clerk), ad interim March 4, 1841, to March 5, 1841. George E. Badger, of North Carolina, nominated, confirmed and commissioned March 5, 1841 ; entered upon duties March 6, 1841; served through remainder of Harrison's administration. [Domestic Letters, Department of State.] Washington, April the 4th, A. D. 1841. William Henry Harrison, President of the United States, departed this life, "at the President's house in this city, this morning, being Sunday the fourth day of April, in the year of our Lord one thousand eight hundred and forty-one, at thirty minutes before one o'clock in the morning; We whose namics are hereunto subscribed, being in the house, and some of us in his immediate presence at the time of his decease. W. W. Seaton, Daniel Webster, Mayor of Washington. Secretary of State. Thomas Miller, M. D., Thomas Ewing, Attending Physician. Secretary of the Treasury. AsHTON Alexander, M. D., John Bell, Consulting Physician. Secretary of War. Wm. Hawley, J. J. Crittenden, Eector of St. John's Church. Attorney G-eneral. A. Hunter, Francis Granger, Marshal of the District of Postmaster General. Columbia. John Chambers 1 Wm. Thos. Carroll, C. S. Todd I. President's Clerk of the Supreme David 0. Coupland | Court, U. S. Eletcher Webster, Chief Clerk in the State Department. Let this be duly recorded and placed among the Eolls. (Signed) Daniel Webster Secretary of State. The Administration of Wm. Henky Harrison 125 [Domestif. Letters, Department of State.] All all wise Providence having suddenly removed from tliis life, William Henry Harrison, late President of the United States, we have thought it our duty, in the recess of Congress, and in the absence of the Vice President from the seat of Grovernment, to make this afflicting bereavement known to the country by this declaration under our hands. He died at the President's House, in this city, this day the 4th of April, anno Domini, 1841, at thirty minutes before one o'clock in the morning. The peojole of the United States, overwhelmed like our- selves, by an event so unexpected and so melancholy, will derive consolation from knowing that his death was calm and resigned, as his life had been patriotic, useful and distin- guished; and that the last utterance of his lips expressed a fervent desire for the perpetuity of the Constitution and the preservation of its true principles. In death, as in life, the happiness of his country was uppermost in his thoughts. Daniel Webster^ Secretary of State. Thos. Ewing, Secretary of the Treasury. John Bell^ Secretary of War. J. J. Crittenden, Attorney General. Francis Granger, Postmaster General. City of Washington, 4 April, 1841. THE ADMINISTEATION" OF JOHN TYLER April 6, 1841, to March 3, 1845 128 Executive Eegistek of the United States Immediately after the decease of the President, Mr. Fletcher Webster, Chief Clerk in the Department of State, accomiDanied b}^ Mr. Beall, an officer of the Senate, set out for the residence of the Vice President, in Virginia, bearing to him the following letter : [Domestic Letters, Department of State.] Department of State^ Washington, 4th April, 1841. JoiiN Tyler, Vice President of the United States. Sir: It has become our most painful duty to inform you that William TTenry Harrison, late President of the United States, has departed this life. This distressing event took place this day, at the Presi- dent's Mansion in this city, at thirty minutes before one in the morning. We lose no time in despatching the chief clerk in the State Department as a Special Messenger to bear to you these mel- ancholy tidings. We have the honor to be, with the highest regard, your obedient servants, D. Webster^ Secretary of State, Thomas Ewing^ Secretary of the Treasury. John Bell^ Secretary of War. J. J. Crittenden^ Attorney General. Francis Granger, Postmaster General. [National Intelligencer, Wednesday, April 7, 1841.] By the extraordinary despatch used in sending tlie official intelligence to the Vice President, at Williamsburg, and simi- lar despatch by him in repairing to the seat of Government, The ADMiNiSTRATioisr of John Tyler 129 John Tyler^ now President of the United States, arrived in this city yesterday morning, at 5 o'clock, and took lodgings at Brown's Hotel. At 13 o'clock, all the Heads of Departments, except the Secretary of the Navy, (who has not yet returned to the city from his visit to his family,) waited upon him, to pay him their official and personal respects. They were received with all the politeness and kindness which characterize the new President. He signified his deep feeling of the public calam- ity sustained by the death of President Harrison, and ex- pressed his profound sensibility to the heavy responsibilities so suddenly devolved upon himself. He spoke of the pres- ent state of things with great concern and seriousness, and made known his wishes that the several Heads of Depart- ments would continue to fill the places which they now respectively occup}', and his confidence that they would afford all the aid in their power to enable him to carry on the ad- ministration of the Government successfully. The President then took and subscribed the following oath of office : I do solemnly swear, that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States. John Tyler, April 6, 18^1. District of Columbia, City and County of Washington, ss. I, William Cranch, chief Judge of the Circuit Court of the District of Columbia, certify that, the above named John Tyler personally appeared before me this day, and although he deems himself qualified to perform the duties and exercise the powers and office of President, on the death of William Henry Harrison, late President of the United States, without any other oath thaii that which he has taken as Vice Presi- dent; yet as doubts may arise, and for greater caution, took and subscribed the foregoing oath, before me. W. Cranch, April 6th, 1841. 130 Executive Kegister of the United States John Tylek^ Virginia. Samuel L. Southard, New Jersey, ) Presidents pro tem- Willie p. Mangum, North Carolina, j pore of the Senate. April 6, 1841, to March 3, 1845. Secretary of State. Daniel Webster, o;f Massachusetts, continued from Harri- son's administration; served to May 8, 1843, on which day he resigned. Hugh S. Legare, of South Carolina (Attorney General), ad interim May 9, 1843, to June 20, 1843. William S. Derrick (Chief Clerk), ad interim June 21, 1843, to June 23, 1843. Abel P. Upshur,, of Virginia (Secretary of the Navy), ad interim June 24, 1843, to July 23, 1843. Abel P. Upshur, of Virginia, commissioned (recess of the Senate) July 24, 1843; nominated December 6, 1843; confirmed and recommissioned January 2, 1844; killed on the " Princeton " February 28, 1844. John Nelson, of Maryland (Attorney General), ad interim February 29, 1844, to March 31,4844. John G. Calhoun, of South Carolina, nominated, confirmed and commissioned March 6, 1844; entered upon duties April 1, 1844; resigned March 1, 1845; served through remainder of the administration. Secretary of the Treasury. Thomas Ewing, of Ohio, continued from Harrison's admin- istration; resigned September 11, 1841. McCltntock Young (Chief Clerk), ad interim September 13, 1841. Walter Forward, of Penns3dvania, nominated September 11, 1841; confirmed and commissioned September 13. The Administration of John Tyler 131 1841; entered upon duties September 14, 1841; resigned February 26, 1843, to take effect March 1, 1843 ; served to February 38, 1843. McCeintock Young (Chief Clerk), ad interim March 1, 1843, to March 7, 1843. Caleb Cushing, of Massachusetts, nominated March 3, 1843; rejected March 3, 1843. John C. Spencer^ of New York, nominated, confirmed and commissioned March 3, 1843 ; entered upon duties March 8, 1843 ; nominated as Associate Justice of the Supreme Court of the United States January 8, 1844; rejected January 31, 1844; resigned as Secretary of the Treasury May 2, 1844. McClintock Young (Chief Clerk), ad interim May 2. 1844, to July 3, 1844. James S. G-reen^ of New Jersey, nominated June 14, 1844; rejected June 15, 1844. George M. Bibb^ of Kentucky, nominated, confirmed and commissioned June 15, 1844; entered upon duties July 4, 1844; resigned March 3, 1845. Secretary of War. John Bell^ of Tennessee, continued from Harrison's admin- istration; resigned September 11, 1841. Albert M. Lea (Chief Clerk), ad interim September 12, 1841, to October 11, 1841. John McLean^ of Ohio, nominated September 11, 1841; confirmed and commissioned September 13, 1841 ; de- clined. John C. Spencer^ of New York, commissioned (recess of the Senate) October 12, 1841 ; entered upon duties same day; nominated December 13, 1841; confirmed and re- commissioned December 20, 1841 ; served to March 7, 1843; appointed Secretary of the Treasury March 3, 1843. 133 Executive Eegistek of the United States James M. Porter, of Pennsylvania, commissioned (recess of the Senate) March 8, 1843; entered upon duties same day ; nominated December 6, 1843 ; rejected January 30, 1844; served to February 19, 1844. William Wilkins, of Pennsylvania, nominated February 14, 1844; confirmed and commissioned February 15, 1844; entered upon duties February 20, 1844; resigned March 3, 1845. Attorney General. John J. Crittenden, of Kentucky, continued from Harri- . . son's administration; resigned September 11, 1841. Hugh S. Legare^ of South Carolina, nominated September 11, 1841; confirmed and commissioned September 13, 1841; entered upon duties September 20, 1841; died June 20, 1843. John N"elson, of Maryland, commissioned (recess of the Senate) July 1, 1843; entered upon duties same day; nominated December 6, 1843 ; confirmed and recommis- sioned January 2, 1844; resigned March 3, 1845, to take effect March 4, 1845. Postmaster General. Francis Granger^ of New York, continued from Harrison's administration; resigned and served to September 13, 1841. Selaii E. Hobbie, of New York (First Assistant Postmaster General), ad interim September 14, 1841, to October 12, 1841. Charles A. Wickliffe^ of Kentucky, nominated, confirmed and commissioned September 13, 1841; entered upon duties October 13, 1841; resigned March 3, 1845. Secretary of the Navy. George E. Badger, of North Carolina, continued from Har- rison's administration; resigned September 11, 1841. John D. Simms (Chief Clerk), ad interim September 11, 1841, to October 11, 1841. The Admin^istuation of John Tyler '133 Abel P. Upshur^ of Virginia, nominated September 11, 1841; confirmed and commissioned September 13, 1841; entered upon duties October 11, 1841; served to July 33, 1843 ; appointed Secretary of State July 24, 1843. David Henshaw, of Massachusetts, commissioned (recess of the Senate) July 24, 1843; entered "upon duties same day; nominated December 6, 1843; rejected January 15, 1844; served to February 19, 1844. Thomas W. G-tlmer^ of A'^irginia, nominated February 14, 1844; confirmed and commissioned Febru.ary 15, 1844; entered upon duties February 19, 1844; killed on the "Princeton" February 28, 1844. Lewis Warrington- (Captain, TJ. S. Navy), ad interim Feb- ruary 29, 1844, to March 25, 1844. John Y. Mason, of Virginia, nominated March 13, 1844; confirmed and commissioned March 14, 1844; entered upon duties March 26, 1844; resigned March 3, 1845. [United States Statutes at Large, Vol. 5, p. 721.] Chap. I. — An Act to establish a uniform time for holding Election day fixed. elections for electors of President and Vice President in all '^'^' ^^' ^^^^' the States of the Union* Be it enacted by the Senate and House of Representatives of the Un.ited States of America in Congress assembled. That the electors of President and Vice President shall be ap- * Election of President and Vice President of the United States: Constitution of the United States, art. 2, sec. 1, vol. 1, 15, 16. Twelfth amendment to the constitution of the United States, vol. 1, 22. An act relative to the election of a President and Vice Presi- dent of the United States, and declaring the officer who shall act as President in case of vacancies in the office of both Presi- dent and Vice President; March 1, 1792, chap. 8. An act supplementary to the act entitled " An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President, in case of vacancies in the office of both President and Vice Presi- dent; March 26, 1804, chap. 50, 134 Executive Kegistee of the United States pointed in each State on the Tuesday next after the first Mon- day in the month of November of the year in which they are to be appointed : Provided, That each State may by law pro- vacancies. vidc for the filling of any vacancy or vacancies which may occur in its college of electors when such college meets to give its electoral vote: And provided, also, when any State shall have held an election for the purpose of choosing electors, and In case of shall fail to make a choice on the day aforesaid, then the elec- no election. , , • j t ^ j_ i • i tors may be appointed on a subsequent day m such manner as the State shall by law provide. Approved, January 23, 1845. THE ADMINISTEATION OF JAMES K. POLK March 4, 1845, to March 3, 1849 S. Doc. 196, 58-3—05 10 136 Executive Eegistee of the United States ELECTION FOR THE FIFTEENTH TERM, COMMENCING 4th MARCH, 1845, AND TERMINATING 3rd MARCH. 1849. 15 9 6 12 4 6 6 36 7 26 3 8 17 11 9 10 12 13 23 6 6 12 9 9 7 3 STATES. Maine New Hampshire Massachusetts R. Island & P. Plantations Connecticut Vermont New York New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina Georgia Kentucky Tennessee.. . . : Ohio , Louisiana Mississippi Indiana Illinois , Alabama Missouri Arkansas Michigan 275, whole number ; necessary to elect, 138. President. W I 36 26 17 9 10 13 9 9 7 3 .5 170 u ^ o 12 4 6 6 7 3 8 11 12 13 23 105 V. President. 17 10 6 6 12 170 -a ^ bD S ^ £12! 12 4 6 6 36 7 26 3 8 11 12 13 33 105 Popular vote. Plurality . . . . 1,337,243 38,175 1,299,068 The Administration of James K. Polk 137 James K. Polk, Tennessee. Geoege M. Dallas, Pennsylvania. March 4, 1845, to March 3, 1849. Secretary of State. >JoHN C. Calhoun, of South Carolina, con tinned from last administration ; resigned February 37, 1845 ; served to . March 10, 1845. James Buchanan, of Pennsylvania, nominated and con- firmed March 5, 1845 ; commissioned March 6, 1845 ; en- tered upon duties March 10, 1845; resigned March 3, 1849, to take effect March 7, 1849. Secretary of the Treasury. George M. Bibb, of Kentucky, continued from last adminis- tration ; resigned and served to March 7, 1845. Egbert J. Walker, of Mississippi, nominated and confirmed March 5, 1845; commissioned March 6, 1845; entered upon duties March 8, 1845 ; served through remainder of the administration. Secretary of War. William Wilkins, of Pennsylvania, continued from last ad- ministration; resigned and served to March 7, 1845. William L. Marcy, of New York, nominated and confirmed March 5, 1845; commissioned March 6, 1845; entered upon duties March 8, 1845; served through remainder of the administration. Attorney General. John Nelson, of Maryland, continued from last administra- tion; served to March 4, 1845. 138 Executive Kegister of the United States John Y. Mason, of Virginia, nominated and confirmed Marcli o, 1845; commissioned Marcli 6, 1845; entered upon duties March 11, 1845; served to September 9, 1846, on whicli day lie was appointed Secretary of the Kavy. Nathan Clieeord, of Maine, commissioned (recess of the Senate) October 17, 1846; entered upon duties October 18, 1846; nominated December 14, 1846; confirmed and recommissioned December 23, 1846 ; served to March 18, 1848, on which day he was appointed Special Commis- sioner to Mexico. Isaac Toucey, of Connecticut, nominated June 15, 1848; confirmed and commissioned June 21, 1848; entered upon duties Jime 29, 1848; served through remainder of the administration. Postmaster General. Charles A. Wickliefe, of Kentucky, continued from last administration; resigned and served to March 6, 1845. Cave Johnson, of Tennessee, nominated and confirmed March 5, 1845; commissioned March 6, 1845; entered uj)on duties March 7, 1845 ; served through remainder of the administration. Secretary oe the Navy. John Y. Mason, of Virginia, continued from last adminis- tration; served to March 10, 1845; appointed Attorney General March 6, 1845. George Bancroft, of Massachusetts, nominated March 5, 1845 ; confirmed and commissioned March 10, 1845 ; entered upon duties March 11, 1845; served to Septem- ber 9, 1846, on which day he was appointed Envoy Ex- traordinary and Minister Plenipotentiary to England. John Y. Mason, of Virginia, commissioned (recess of the Senate) September 9, 1846; entered upon duties Sep- tember 10, 1846 ; resigned March 3, 1849, to take effect March 7, 1849. The ADMT>fisTRATiON OF James K. Polk 139 [United States Statutes at Large, Vol. 9, p. 395.] Chap. CYUl.—An Act to establish the Home Department, Marchs, i849. and to provide for the Treasury Department an Assistant Sec- retary of the Treasury, and a Commissioner of the Customs. Be it enacted hy the Senate and House of Representatives New executive •^ department created, of the United States of America in Congress assembled. That, to be called the ' ' 1 n m 1 -I "Department of from and after the passage of this act, there shall be created the interior." a new executive department of the government of the United States, to be called the Department of the Interior ; the head of which department shall be called the Secretary of the In- terior, who shall be appointed by the President of the United secretary of the _, Interior — ^how to States, by and with the advice and consent of the Senate, be appointed: . his salary. and who shall hold his office by the same tenure, and receive the same salary, as the Secretaries of the other executive de- partments, and who shall perform all the duties assigned to him by this act. Sec. 2. And he it further enacted, That the Secretary of secretary of the Interior to have the Interior shall exercise and perform all the acts of super- supervision of the . . patent office; vision and appeal in regard to the office of Commissioner ol Patents, now exercised by the Secretary of State; and the said Secretary of the Interior shall sign all requisitions for the advance or payment of money out of the treasury on esti- mates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the First or Fifth Auditor and First Comptroller of the Treasury. See. 3. And he it further enacted, That the Secretary of And of the General the Interior shall perform all the duties in relation to the General Land Office, of supervision and appeal, now dis- charged by the Secretary of the Treasury; and the said Sec- retary of the Interior shall sign all requisitions for the ad- vance or pa3aiient of money out of the treasury, on estimates or accounts, approved or certified by the Commissioner of the General Land Office, subject to the same control now exer- cised by the First Comptroller of the Treasury. Sec. 4. And he it further enacted, That the supervisory And of the accounts ' of marshals, clerks, power now exercised by the Secretary of the Treasury over the and officers of •^ J .' .. Courts of the accounts of the marshals, clerks, and other officers of all the United states, &c. ; 140 Executive Eegister of the United States courts of the United States, shall be exercised by the Secre- tary of the Interior, who shall sign all requisitions for the advance or payment of money out of the treasury, on esti- mates or accounts, subject to the same control now exercised on like estimates or accounts by the First Auditor and First Comptroller of the Treasury. And of the Sec. 5. And he it further enacted. That the Secretary of ind?aTAffairs"&c°! the Interior shall exercise the supervisory and appellate pow- ers now exercised by the Secretary of the War Department, in relation to all the acts of the Coromissioner of Indian Affairs ; and shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar esti- mates or accounts by the Second Auditor and Second Comp- troller of the Treasury. And of the Scc. 6. And he it further enacted. That the Secretary of Commissioner of . _ . in • n • i n j Pensions, &c. ; the Interior shall exercise the supervisory and appellate pow- ers noAv exercised by the Secretaries of the War and Navy Departments, in relation to all the acts of the Commissioner of Pensions ; and. shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or ac- counts, subject to the same adjustment or control now exer- cised on similar estimates or accounts by the Third or Fourth Auditors and Second Comptroller of the Treasury. And of the taking Scc. 7. And he it fuvthcr enacted. That the Secretary of of census, &c. ; the Interior shall exercise all the supervisory and appellate powers now exercised by the Secretary of State, in relation to all acts of marshals and others in taking and returning the census of the United States; and shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised over similar estimates and accounts by the Fifth Auditor and First Comptroller of the Treasury. '^uiermYnefoUhe ^^^' ^' ^^^ ^^ ^^ further enuctcd. That the supervisory u. states; and appellate powers now exercised by the Secretary of the Treasury over the lead and other mines of the United States, and over the accounts of the agents thereof, shall be exercised The Administration or James K. Polk 141 by the Secretary of the Interior; who shall sign all requisi- tions for the advance or j^ayment of money out of the treas- ury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the Second Auditor and Second Comptroller of the Treasury. Sec. 9. And he it further enacted, That the supervisory and appellate powers now exercised by the President of the United States over the Commissioner of Public Buildings, And of the shall be exercised by the Secretary of the Interior; who shall PuWi^Bu'iidTiigs, sign all requisitions for the advance or payment of money ^" . out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar esti- mates or accounts by the Pirst Auditor and First Comptroller of the Treasury : Provided, That nothing in this section con- proviso, tained shall be construed to take from the presiding officers of the two Houses of Congress the power now possessed by them to make and enforce rules and regulations for the care, preservation, orderly keeping, and ]5olice of the Capitol, and its aj)purtenances. Sec. 10. And he it further enacted. That the Secretary of And over the the Interior shall have and exercise a supervisory power and Distrfct*o7^ °^ ^^^ control over the Board of Inspectors and warden of the Peni- *^°^"™'''*- tentiary of the District of Columbia ; and shall sign all requi- sitions for the advance or payment of money out of the treas- ury on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the First Auditor and First Comptroller of the Treasury. Sec. 11. And he it further enacted. That the Secretary of secretary to appoint the Interior is hereby authorized to appoint a chief clerk of ms saiary!'^ his department, who shall receive a salary of two thousand dollars per annum; and that the President of the United States, on the recommendation of the said Secretary of the Interior, may transfer from the Treasury Department proper, to the Department of the Interior, such clerks in the office of certain clerks in the Secretary of the Treasury as perform the duties over which Department to be It .. -, ,, . in- lino transferred to the the supervision and control are given by this act to the becre- office of secretary tary of the Interior; which said clerks shall be hereafter sub- ° 142 BxECFTiVE Eegistee of the United States Appointment of ject to the appointing and removing power of the Secretary clerks. ^£ ^Yie Interior, as also the clerks in the several bureaus here- tofore appointed or removable by the heads of departments, which bureaus are transferred by this act to the Department of the Interior. Approved, March. 3, 1849. THE ADMINISTRATION OF ZACHAEY TAYLOR March 5, 1849, to July 9, 1850 144 Executive Eegister of the United States ELECTION FOR THE SIXTEENTH TERM, COMMENCING 4th MARCH. 1849, AXD TERMINATING -3rd MARCH, 1853. o fS 9 6 12 4 6 6 36 7 20 3 8 17 11 9 10 12 13 33 6 6 12 STATES. Maine New Tlampsbire Massachusetts... Rhode Island. . . Connecticut Vermont New York New Jersey . . ■ ■ Pennsylvania . . Delaware.. . . . . Maryland Virginia North Carolina. South Carolina. Georgia... . , . . Kentucky Tennessee Ohio Louisiana Mississippi . . . . Indiana Illinois. . . . . . Alabama Missouri Arkansas Michigan Florida Texas Iowa Wisconsin 290, whole number ; necessary to elect, 146. Popular vote. Plurality . . . . President. H =w 13 4 6 6 36 7 36 3 11 10 13 13 163 1,360,101 139,557 17 23 13 9 9 7 3 5 4 4 4 127 V. President. 13 4 6 6 36 7 26 3 11 10 13 13 1,330,-544 163 C 17 9 23 13 127 The Administration of Zachary Taylor 145 Zachary Taylor, Louisiana (Died July 9, 1850). Millard Fillmore, New York. March 5, 1849, to July 9, 1850. Secretary of State. James Buchanan, of Pennsylvania, continued from last ad- ministration ; resigned and served to March 7, 1849. John M. Clayton, of Delaware, nominated March 6, 1849 ; confirmed and commissioned March 7, 1849; entered upon duties March 8, 1849 ; served through remainder of Taylor's administration. Secretary of the Treasury, Robert J. Walker, of Mississippi, continued from last ad- ministration; resigned and served to- March 5, 1849. McClintock Young (Chief Clerk), ad interim March G, 1849, to March 7, 1849. William M. Meredith, of Pennsylvania, nominated March 6, 1849 ; confirmed March 7, 1849 ; commissioned March 8, 1849 ; entered upon duties same day ; served through remainder of Taylor's administration. Secretary of War. William L. Marcy, of New York, continued from last ad- ministration ; resigned and served to March 7, 1849. Reverdy Johnson, of Maryland (Attorney General), ad interim March 8, 1849, to March 13, 1849. George W. Crawford, of Georgia, nominated March 6, 1849 ; confirmed March 7, 1849 ; commissioned March 8, 1849; entered upon duties March 14, 1849; served through remainder of Taylor's administration. Attorney General. Isaac Toucey, of Connecticut, continued from last admin- istration; resigned and served to March 7, 1849. 146 Executive Kegister of the United StxVTES Reverdy Johnson^ of Maryland, nominated March 6, 1849 ; confirmed March 7, 1849 ; commissioned March 8, 1849 ; entered upon duties same day ; served through remainder of Taylor's administration. Postmaster General. Cave Johnson, of Tennessee, continued from last adminis- tration; resigned and served to March 5, 1849. Selah R. Hobbie, of New York (First Assistant Postmas- ter General), ad interim March 6, 1849, to March 7, 1849. Jacob Collamer, of Vermont, nominated March 6, 1849 ; confirmed March 7, 1849; commissioned March 8, 1849; entered upon duties same day ; served through remainder of Taylor's administration. Secretary op the Navy. John Y. Mason, of Virginia, continued from last adminis- tration; resigned and served to March 7, 1849. William B. Preston, of Virginia; nominated March 6, 1849 ; confirmed March 7, 1849 ; commissioned March 8, 1849 ; entered upon duties same day ; served through remainder of Taylor's administration. Secretary op the Interior.* Thomas Ewing, of Ohio, nominated March 6, 1849; eon- firmed March 7, 1849; commissioned March 8, 1849; entered upon duties same day; served through remainder of Taylor's administration. * Department of the Interior was established by act of March 3, 1849. THE ADMINISTEATION OF MILLARD FILLMORE July 10, 1850, to March 3, 1853 1-18 Executive Kegister of the United States [Domestic Letters, Department of State.] Department of State, Millard Fillmore, Washington, July 9, 1850. President of the United States. Sir: The melancholy and most painful duty devolves on us to announce to you that Zachary Taylor, late President of the United States, is no more. He died at the President's Man- sion this evening at half past ten o'clock. We have the honor to he, &c. John M. Clayton, Sec'y of State. W. M. Meredith, Sec'y of the Treas'y. T. EwiNG^ Secretary of the Interior. George W. Crawford, Sec'y of War. Wm. Ballard Preston, Sec'y of the Navy. J. CoLLAMER, Postmaster General. [Domestic Letters, Department of State.] Gentlemen: Washington, July 9, 1850. I have Just received your note conveying the melancholy and painful intelligence of the death of Zachary Taylor, late President of the United States. I have no language to ex- press the emotions of my heart. The shock is so sudden and unexpected that I am overwhelmed with grief. I shall avail myself of the earliest moment to communicate this sad intelligence to Congress; and shall appoint a time and place for taking the oath of office prescribed to the Presi- dent of the United States. You are requested to be present and witness the ceremony. I am, gentlemen &c. Millard Fillmore. To Hon. John M. Clayton, Secretary of State. Wm. M. Meredith, Secretary of the Treasury. T. EwiNG, Secretary of the Interior. Geo. W. Cravv^ford, Secretary of War. Wm. Ballard Preston, Secretary of the Navy. J. CoLLAMER, Postmaster General. Eeverdt Johnson, Attorney General. The Administkation of Millakd Fillmore 149 [Journal of the House of Representatives, July 10, 1850.] Fellow-citizens of the Senate and House of Eepresentatives : I have to perform the melancholy duty of announcing to you that is has pleased Almighty God to. remove from this life Zachary Taylor, late President of the United States. He deceased last evening at the hour of half -past ten o'clock, in the midst of his family, and surrounded by affectionate friends, calmly and in the full possession of all his faculties. Among his last words were these, which he uttered with em- phatic distinctness : " I have always done my duty ; I am ready to die ; my only regret is for the friends I leave behind me." Having announced to 5'on, fellow-citizens, this most afflict- ing bereavement, and assuring joii that it has penetrated no heart with deeper grief than mine, it remains for me to say that I propose this day, at 12 o'clock, in the hall of the House of Eepresentatives, in presence of both houses of Con- gress, to take the oath j)rescribed by the constitution, to enable me to enter on the execution of the office which this event has devolved upon me. Millard Fillmore. Washington, July 10, 1850. President Fillmore took the oath at the time and place thus arranged, before Chief Judge William Cranch, of the Circuit Court of the District of Columbia, in the presence of the cabinet, the Senators and the Eepresentatives. He de- livered no inaugural, but later sent a written message instead. 150 Executive Kegistek oe the United States MiLLAKD Fillmore^ New York, William K. King, Alabama, ] Presidents pro tempore David E. Atchison, Missouri. J of the Senate. July 10, 1850, to March 3, 1853. Seceetaey of State. John M. Clayton, of Delaware, continued from Taylor's administration; resigned July 9, 1850; served to July 23, 1850. Daniel Webster, of Massachusetts, nominated and con- firmed July 20, 1850; commissioned July 22, 1850; entered upon duties July 23, 1850; died October 24, 1852. Charles M. Conrad, of Louisiana (Secretary of War), ad interim October 25, 1852, to November 5, 1852. Edward Everett, of Massachusetts, commissioned (recess of the Senate) November 6, 1852 ; entered upon duties same day; nominated December 7, 1852; confirmed and recommissioned December 9, 1852; resigned March 3, 1853. Secretary of the Treasury. William M. Meredith, of Pennsylvania, continued from Taylor's administration; resigned to take effect July 22, 1850. Thomas Coewin, of Ohio, nominated and confirmed July 20, 1850; commissioned July 23, 1850; entered upon duties same day; served through remainder of the ad- ministration. Secretary of War. vtEOrge W. Crawford, of Georgia, continued from Taylor's administration; resigned to take effect July 22, 1850. Edward Bates, of Missouri, nominated and confirmed July 20, 1850; declined. The Administration of Millard Fillmore 151 Samuel J. Anderson (Chief Clerk), ad interim July 23, 1850. WiNFiELD Scott (Major General U. S. Army), ad interim July 34, 1850, to Aiig-ust 15, 1850. Charles M. Conrad, of Louisiana, nominated, confirmed and commissioned August 15, 1.850; entered upon duties - August 16, 1850; served through remainder of the ad- ministration. Attorney General. Eeverdy Johnson, of Maryland, continued from Taylor's administration; resigned and served to July 23, 1850. John J. Crittenden^ of 'Kentucky, nominated and eon- firmed July 30, 1850; commissioned July 33, 1850; entered upon duties August 14, 1850; served through remainder of the administration. Postmaster General. Jacob Collamer^ of Vermont, continued from Taylor's ad- ministration-; resigned and served to July 22, 1850. Nathan K. Hall^ of New York, nominated and confirmed July 20, 1850; commissioned July 23, 1850; entered upon duties same day; resigned August 31, 1852, to accept position of United States Judge for the northern district of New York; served to September 13, 1852. Samuel D. Hubbard, of Connecticut, nominated, confirmed and commissioned August 31, 1852 ; entered upon duties September 14, 1852; served through remainder of the administration. Secretary of the Navy. William B. Preston, of Virginia, continued from Taylor's administration; resigned July 10 1850; served to July .33, 1850. Lewis Warrington (Captain, IT. S. Navy), ad interim July 23, 1850, to August 1, 1850. S. Doc. 196, 58-3—05 11 153 EsECUTiVE Kegistek of the United States William A. Graham, of North Carolina, nominated and confirmed July 20, 1850; commissioned July 22, 1850; entered upon duties August 2, 1850; resigned June 28, 1852; served to July 25, 1852. John P. Kennedy^ of Maryland, nominated, confirmed and commissioned July 22, 1852; entered upon duties July 26, 1852; served through remainder of the administra- tion. Secretary of the Interior. Thomas Ewing^ of Ohio, continued from Taylor's adminis- tration; resigned to take effect July 22, 1850. James A. Pearce, of Maryland, nominated and confirmed July 20, 1850 ; declined. Daniel C. Goddard (Chief Clerk), ad interim July 23, 1850, to August 15, 1850. Thomas M. T. McKennan, of Pennsylvania, nominated, confirmed and commissioned August 15, 1850; entered upon duties August 16, 1850 ; served to August 26, 1850, on which day he resigned. Daniel C. Goddard (Chief Clerk), ad interim August 27, 1850, to September 15, 1850. Alexander H. H. Stuart, of Virginia, nominated Septem- ber 11, 1850; confirmed and commissioned September 12, 1850; entered upon duties September 16, 1850; served through remainder of the administratiou. THE ADMINISTEATION OF FEANKLIN PIERCE March 4, 1853, to March 3, 1857- 154 Executive Register of the United States ELECTION FOR THE SEVENTEENTH TERM, COMMENCING 4th MARCH, 1853, AND TERMINATING 3kd MARCH, 1857. STATES. President. V. President. CO 0). 1 fi O 2a a ^ '^ 111 CO "^ p =1-1 &0 a S OS . S « « a^ ii' 8 Maine 8 5 4 6 85 7 27 3 8 15 10 8 10 23 6 7 13 11 9 9 4 6 3 4 4 5 4 13 5 12 12 8 5 4 6 35 7 27 3 8 15 10 8 10 23 6 7 13 11 9 9 4 ■ 6 3 4 4 5 4 5 New Hampshire 13 Massachusetts 13 4 6 5 R. Island & P. Plantations Connecticut . Vermont 5 35 New York 7 New Jersey 27 Pennsyl /ania 3 8 15 Delaware Maryland Virginia 10 North Carolina 8 10 South Carolina. . . Georgia 13 Kentucky 12 12 Tennessee 12 23 Ohio 6 Louisiana 7 Mississippi 13 11 Indiana Illinois 9 Alabama 9 Missouri 4 Arkansas 6 Michigan 3 Florida 4 Texas 4 Iowa 5 Wisconsin 4 California 296, whole nnmber ; necessary to elect, 149. 254 42 254 42 Pop Plui iilar vote 1,601,474 214,896 1,386,578 ality The Administration of Franklin Pierce 155 Franklin Pierce, New Hampshire. William R. King, Alabama (Died April 18, 1853). David R. Atchison, Missouri, " Lewis. Cass, Michigan, ^ _ T TA o T T Presidents pro tempore Jesse D. Bright, Indiana. ^ , j_-, c, , ^ -no Tir- 1 • oi the benate. Charles E. Stuart, Michigan. James M. Mason, Virginia. J March 4, 1853, to March 3, 1857. Secretary of State. William Hunter (Chief Clerk), ad interim March 4, 1853, to March 7, 1853. William L. Marcy, of l^ew York, nominated, confirmed and commissioned March 7, 1853; entered upon duties March 8, 1853 ; served through remainder of the admin- istration. Secretary op the Treasury. Thomas Corwin, of Ohio, continued from last administra- tion; resigned and served to March 7, 1853. James Guthrie, of Kentucky, nominated, confirmed and commissioned March 7, 1853 ; entered upon duties March 8, 1853; served through remainder of the administration. Secretary or War. Charles M. Conrad, of Louisiana, continued from last ad- ministration; resigned and served to March 7, 1853. Jefferson Davis, of Mississippi, nominated, confirmed and commissioned March 7, 1853; entered upon duties March 8, 1853 ; served to March 3, 1857. Samuel Cooper (Adjutant G-eneral. TJ. S. Army), ad interim, March 3, 1857. 156 Executive Eegistek of the United States Attorney General. John J. Crittenden, of Kentucky, continued from last ad- ministration ; resigned and served to March 7, 1853. Caleb Cushing, of Massachusetts, nominated, confirmed and commissioned March 7, 1853 ; entered upon duties March 8, 1853 ; served through remaiilder of the administration. Postmaster General. Samuel D. Hubbard, of Connecticut, continued from last administration; resigned and served to March 7, 1853. James Campbell, of Pennsylvania, nominated, confirmed and commissioned March 7, 1853; entered upon duties March 8, 1853; served through remainder of the admin- istration. Secretary of the Navy. John P. Kennedy, of Maryland, continued from last admin- istration; resigned and served to March 7, 1853. James C. Dobbin, of North Carolina, nominated, confirmed and commissioned March 7, 1853 ; entered upon duties March 8, 1853; served through remainder of the admin- istration. Secretary of the Interior. Alexander H. H. Stuart, of Virginia, continued from last administration ; resigned and served to March 7, 1853. Egbert McClelland, of Michigan, nominated, confirmed and commissioned March 7, 1853 ; entered upon duties March 8, 1853 ; served through remainder of the admin- istration. THE ADMINISTRATION OF JAMES BUCHANAN March 4, 1857, to March 3, 1861 158 Executive Eegistek of the United Stv^tes ELECTION FOR THE EIGHTEENTH TERM, COMMENCING 4th MARCH, 1857, AND TERMINATING 3rd MARCH, 1861. 5 13 4 6 5 35 7 27 3 8 15 10 8 10 13 13 23 6 7 13 11 9 9 4 6 3 4 4 5 4 STATES. Maine New Hampshire Massachusetts R. Islajod and Provi- dence Plantations. Connecticut Vermont New Yorli New Jersey. Pennsylvan^t, Delaware Maryland Virginia North Carolina South Carolina Georgia Kentucky Tennessee Ohio Louisiana Mississippi Indiana Illinois Alabama Missouri Arkansas Michigan Florida Texas Iowa Wisconsin , California President. 296, whole number; necessary to elect, 149. 15 10 8 10 13 13 13 11 174 5 13 4 6 5 35 114 S o V. President. a® 174 114 fig r ® a o Popular vote. Plurality . . . . 1,838,169 496,905 1,341,264 874,534 The iVDMiNisTRATiON OF James Buchanan 159 James Buchanan,, Pennsylvania. John C. Breckinridge, Kentucky. March 4, 1S57, to March 3, 18G1. Secretary of State. William L. Marcy, of ISTew York, continned from last ad- ministration ; resigned March 4, 1857; served to March 6, 1857. Lewis Cass^ of Michigan, nominated, confirmed and com- missioned March 6, 1857; entered upon duties same day; resigned December 12, 1860; served to December 14, 1860. William Hunter (Chief Clerk), ad interim December 15, 1860, to December 16, 1860. Jeremiah S. Black, of Pennsylvania, nominated December 16, 1860; confirmed and commissioned December 17, 1860; entered u.pon duties same day; nominated as Asso- ciate Justice of the Supreme Court of the United States February 5, 1861 ; nomination not acted upon by the Senate; resigned March 2, 1861, to take effect March 4, 1861. Secretary of the Treasury. James Guthrie, of Kentucky, continued from last adminis- tration; resigned March 4, 1857; served to March 6, 1857. Howell Cobb^ of Georgia, nominated, confirmed and com- missioned March 6, 1857 ; entered upon duties March 7, 1857 ; resigned and served to December 8, 1860. Isaac Toucey, of Connecticut (Secretary of the Navy), ad interim December 10, 1860, to Decembei- 12, 1860. Philip F. Thomas, of Mar3dand, nominated December 10, 1860; confirmed and commissioned December 12, 1860; 160 Executive Kegistee of the United States entered upon duties December 13, 1860 ; resigned Janu- ary 11, 1861; served to January 14, 1861. John A. Dix, of ISTew York, nominated, confirmed and com- missioned January 11, 1861; entered upon duties Janu- ary 15, 1861; resigned March 2, 1861, to take effect Marcli 4, 1861. Seceetart of War. Samuel Cooper (Adjutant General, U. S. Army), ad interim from last administration to March 6, 1857. John B. Floyd, of Virginia, nominated, confirmed and com- missioned March 6, 1857; entered upon duties March 7, 1857; resigned December 29, 1860; served to December 31, 1860. Joseph Holt, of Kentucky (Postmaster General), ad interim January 1, 1861, to January 17, 1861. Joseph Holt, of Kentucky, nominated January 17, 1861; confirmed and commissioned January 18, 1861 ; resigned March 2, 1861, to take effect when successor shall be qualified. Attorney General. Caleb Gushing, of Massachusetts, continued from last ad- ministration; resigned March 4, 1857; served to March 10, 1857. Jeremiah S. Black, of Pennsylvania, nominated, confirmed and commissioned March 6, 1857; entered upon duties March 11, 1857; served to December 19,_ 1860; commis- sioned Secretary of State December 17, 1860. Edwin M. Stanton, of Pennsylvania, nominated December 19, 1860; confirmed and commissioned December 20, 1860; entered upon duties December 22, 1860; resigned March 2, 1861, to take effect March 4,^1861. Postmaster General. James Campbell, of Pennsylvania, continued from last ad- ministration; resigned March 4, 1857; served to March 6, 1857. The Administration of James Buchanan 161 Aaron V. Brown^ of Tennessee, nominated, confirmed and commissioned March 6, 1857 ; entered upon duties March 7, 1857; died March 8, 1859. Joseph Holt^ of Kentucky, nominated and confirmed March 9, 1859 ; commissioned March 14, 1859 ; entered upon duties same day ; served to December 31, 1860. Horatio King^ of Maine (First Assistant Postmaster Gen- eral), ad interim January 1, 1861, to February 11, 1861. Horatio King, of Maine, nominated February 1, 1861 ; con- firmed and commissioned February 13, 1861; resigned March 3, 1861, to take effect March 4, 1861. Secretary of the Navy. James C. Dobbin, of North Carolina, continued from last administration; resigned March 4, 1857; served to March 6, 1857. Isaac Toucey, of Connecticut, nominated, confirmed and commissioned March 6, 1857 ; entered upon duties March 7, 1857 ; resigned March 1, 1861 ; served through remain- der of the administration. Secretary of the Interior. Egbert McClelland, of Michigan, continued from last ad- ministration; resigned March 4, 1857; served to March 9, 1857. Jacob Thompson, of Mississippi, nominated, confirmed and commissioned March 6, 1857 ; entered upon duties March 10, 1857; resigned January 8, 1861. Moses Kelly (Chief Clerk), ad interim January 10, 1861, to close of the administration. THE ADMINISTRATION OF ABEAHAM LINCOLN FIKST TEEM March 4, 1861, to March 3, 1865 164 ExECFTiVE Register of the United States 'BiSjoaf) JO 'nosnqof 'A pqosjeH ■sq.:^9SnTiOBSSBiii jo • »o • - * C^Cl •uoSajQ JO '8UB1 qclasof •CCCC -OOOO • • •':D1:- .05 • '^ -CO^^ •auiBH JO •siouini JO CClOCC^COiTSir^^t- •05 • ■ OTi-H •N • •r-li— I ■ CO • • 'i* »n ••* >^ CO •aessannex Jo 'Iiae nqor •jfj[on:;na5i jo 'aSpTJniJioaJa: -Q nqor • raoo .0000 • • -tot- ■ -05 •-* -co-* •sionnil JO 'ni;of>nti raBqBjqy COiACO^**COlClC-*J:- •CO • -COt— I ■ • -CD • •-*OMH-*CO :^^Tl $ > ®'d H-*^ fl O JH o o !-l r4 ^ 03 C5 , , as! •3 P M O cj as cs J Oj ft C ft oj'S S to 3 S tn ScS £ a" '-5 S Pr-sJi^a ob^ S ^.2 5 5 =« 5 S-'f^ 2 J o c " fe- 1^ 9 5 h b(-t^ +3;-(-tieo-2S^SS.OMS,aco3t3o fl s s S ^-^ i! ^ S 3 S S ^-2 =* ^■3-S rt «-i^ o o >^ fe.2 (3 s, ® ® (jj c *.M o g 0) ® ^ji oa a^-::a ^E— aj gr ©So •sa:).OA iBJOci-oaia; JO aaquiTi^ oDioeo-^^oiOiOt-t-coooiooooowcvt OOOONNCtO-at-COrH tH .-lt-li-IC5 i-Hr-l 0205-*50CO-*-*lO'>*l-*CO The Administeation of Abraham Lincoln 165 Abraham Lincoln, Illinois. Hannibal Hamlin, Maine. March 4, 1861, to March 3, 1865. Secretary of State. Jeremiah S. Black^ of Pennsylvania, continued from last administration; resigned; served to March 6, 1861. William H. Seward, of New York, nominated, conj&rmed and commissioned March 5, 1861; entered upon duties March 6, 1861; served through remainder of the ad- ministration. Secretary of the Treasury. John A. Dis^ of New York, continued from last adminis- tration; resigned, and served to March 6, 1861. Salmon P. Chase, of Ohio, nominated, confirmed and com- missioned March 5, 1861; entered upon luties March 7, 1861; resigned June 29, 1864; served to June 30, 1864. David Tod^ of Ohio, nominated June 30, 1864; declined and nomination withdrawn July 1, 1864. GrEORGE HARRINGTON^ of the District of Columbia (Assistant Secretary), ad interim July 1, 1864, to July 4, 1864. William P. Pessenden, of Maine, nominated, confirmed and commissioned July 1, 1864; entered upon duties July 5, 1864; resigned February 6, 1865, to take effect March 3, 1865. Edwin D. Morgan, of New York, nominated February 13, 1865, to take effect March 3, 1865; declined, and nomin- ation withdrawn February 13, 1865. Secretary of War. Joseph Holt^ of Kentucky, continued from last administra- tion; resigned, and served to March 10, 1861. 166 Executive Eegistek of the United States Simon Cameeon^ of Pennsylvania, nominated, confirmed and commissioned Marcli 5, 1&61; entered upon duties March 11, 1861; resigned Jamiary 11, 1862; served to January 19, 1862; appointed Envoy Extraordinary and Minister Plenipotentiary to Russia January 17, 1862. Edwin M. Stanton, of Pennsylvania, nominated January 13, 1862; confirmed and commissioned January 15, 1862; entered upon duties January 20, 1862; served through remainder of the administration. Attorney General. Edwin M. Stanton, of Pennsylvania, continued from last administration; resigned, and served to March 5, 1861. Edward Bates^ of Missouri, nominated, confirmed and com- missioued March 5, 1861; entered upon duties March 6, 1861; resigned November 24, 1864, to take effect November 30, 1864. Joseph Holt^ of Kentucky, commissioned (recess of the Senate) December 1, 1864; declined. James Speed^ of Kentucky, commissioned (recess of the Senate) December 2, 1864; entered upon duties Decem- ber 5, 1864; nominated December 5, 1864; co-nfirmed and recommissioned December 12, 1864; served through remainder of the administration. Postmaster General, Horatio King^ of Maine, continued from last administra- tion; resigned, and served to March 9, 1861. Montgomery Blair^ of the District of Columbia,' nominated, confirmed and commissioned March 5, 1861; entered upon duties March 9, 1861; resigned September 23, 1864; served to September 30, 1864. William Dennison, of Ohio, commissioned (recess of the Senate) September 24, 1864; entered upon duties Oc- tober 1, 1864; nominated December 5, 1864; confirmed and recommissioned December 8, 1864; served through remainder of the administration. The Administration of Abraham Lincoln 167 Secretary of the Navy, Isaac Toucey^ of Connecticut, continued from last admin- istration; resigned, and served to March 6, 1861. Gideon Welles^ of Connecticut, nominated, confirmed and commissioned March 5, 1861; entered upon duties March 7, 1861; served through remainder of the administra- tion. Secretary of the Interior. Moses Kelly (Chief Clerk), ad interim irom last adminis- tration to March 4, 1861. Caleb B. Smith, of Indiana, nominated, confirmed and commissioned March 5, 1861; entered upon duties same day; served to December 31, 1863; resigned to accept Circuit Court Judgeship for Indiana. John P. Usher, of Indiana (Assistant Secretar}^), ad in- terim January 1, 1863, to January 10, 1863. John P. Usher, of Indiana, nominated January 5, 1863; confirmed and commissioned January 8, 1863; quali- fied January 10, 1863; served through remainder of the administration. [United States Statutes at Large, Vol. 12, p. 656.] ' Chap. XLV.- — An Act temporarily to supply Vacancies In Feb. 20, ises. the Executive Departments in Certain Cases. Be it enacted hy the Senoste and House of Representatives vacancies in of the United States of America in Congress assembled;, That ments, how aiied. in case of the death, resignation, absence from the seat of Government, or sickness, of the head of any Executive Department of the Government, or of any officer of either of the said Departments whose appointment is not in the head thereof, whereby they cannot perform the duties of their respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize the head of any other Executive Department, or other officer in either of said Departments, whose ap- S. Doc 196, 58-3—05 12 168 ExECFTivE Eegister of the United States pointment is vested in the President, at his discretion, to perform the duties of the said respective offices until a suc- cessor be appointed, or until such absence or inability by For what time, sickncss shall ccasc : Provided, That no one vacancy shall be supplied in manner aforesaid for a longer term than six months. Repealing clause. Sec. 2. And be it further enacted. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved, February 20, 1863. THE ADMINISTEATION OF ABKAHAM LINCOLN SECOND TERM March 4, 1865, to April 15, 1865 170 Executive Eegistek of the United States ELECTION FOR THE TWENTIETH TERM, COMMENCING 4th MARCH, 1865, AND TERMINATING 3rd MARCH, 1869. STATES. President. Vice President. o o 2 d o a . S.S ^ o < S o 'S, o --M a> o C5 d i 6 a '^ ^§ ^§ £ H "C <4-l a o < a o S W .2 oj .a bco O • c 1 n 1 persons temporarily misconduct m oihce, or crime, or tor any reason shall become to such offices. incapable or legally disqualified to perform its duties, in such 180 Executive Register of the United States case, and in no other, the President may suspend such officer and designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate, and until the case shall he acted upon by the Senate, and Such persons to sucli pcrsou SO designated shall take the oath and give the take the oaths and , , -iii ji_li t • ixi give the bonds, bouds required by law to be taken and given by the person duly appointed to fill such office; and in such case it shall be The President to the duty of the President, Avithin twenty days after the first '^'^^pensTons and day of such ucxt meeting of the Senate, to report to the appointments to (-^ , , . ■ n ±i -i n j? the Senate. Seiiatc such susponsiou. With the evidence and reasons tor his action in the case, and the name of the person so desig- if Senate concurs, uatcd to perform the duties of such office. And if the the President rNinn • i • t n • ^ may remove the Senate sliall COllCUr lU SUCh SUSpCUSlOn and advise and con- appoint "successor, sent to the removal of such officer, they shall so certify to the President, who may thereupon remove such officer, and, by and with the advice and consent of the Senate, appoint another If Senate does persou to such officc. But if the Senate shall refuse to suspended^ofBcOT concur in sucli suspcnsiou, such officer so suspended shall resumes his office, forthwith rosumc the fuuctious of his office, and the powers Provisions as to of the pcrsoii SO performing its duties in his stead shall cease, ^^ the'suspenTion! aiid the official Salary and emoluments of such officer shall, during such suspension, belong to the person so performing Proviso, the duties thereof, and not to the officer so suspended : Pro- vided, hoivever, That the President, in case he shall become satisfied that such suspension was made on insufficient grounds, shall be authorized, at any time before reporting Suspension may sucli suspcusion to the Senate as above provided, to revoke officer reinstated, such suspcnsion and reinstate such officer in the performance ' of the duties of his office. Vacancies happen- Scc. 3. And he it further enacted, That the President shall recess o1 the have powcr to fill all vacancies which may happen during Senate, how to ^ ^ , i o, t p -, ^ . be filled, the rcccss 01 the Senate, by reason of death or resignation, by granting commissions which shall expire at the end of When office their next session thereafter. And if no appointment, by abeyance, and witli the advice and consent of the Senate, shall be made to such office so vacant or temporarily filled as aforesaid during such next session of the Senate, such office shall re- main in abeyance, without any salary, fees, or emoluments The Administration of Andrew Johnson 181 attached theretO;, until the same shall be filled by appoint- ment thereto, by and with the advice and consent of the Senate; and during such time all the powers and duties be- Powers of office longing to such office shall be exercised by such other officer period, to be GXGrcisGci as may by law exercise such powers and duties in case of a by whom. vacancy in such office. Sec. 4. Andie it further enacted. That nothing in this act No term of contained shall be construed to extend the term of any office by this act. the duration of which is limited by law. Sec. 5. And he it further enacted, That if any person shall, Penalty for contrary to the provisions of this act, accept any appointment exercising office to or employment in any office, or shall hold or exercise or this act. attempt to hold or exercise, any such office or employment, he shall be deemed, and is hereby declared to be, guilty of a high misdemeanor, and, upon trial and conviction thereof, he shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court. Sec. 6. And he it further enacted, That every removal, The removal, or appointment, or employment, made, had, or exercised, con- apDointmeiit,°or , j_ii •• Pit- I -in !• •• Issuing, &c. of a trary to the provisions oi this act, and the making, signing, commission, &c. T ... . . „ . . of any person sealing, countersigning, or issuing ot any commission or contrary to this letter of authority for or in respect to any such appointment mis'demeaiior.^and or employment, shall be deemed, and are hereby declared ^°^ ^ to be, high misdemeanors, and, upon trial and conviction thereof, every person guilty thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court: Provided, That the President shall proviso. have power to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointment shall have been advised and consented to by the Senate. Sec. 7. And he it further enacted, That it shall be the duty of the Secretary of the Senate, at the close of each secretary of session thereof, to deliver to the Secretary of the Treasury, end of each and to each of his assistants, and to each of the auditors, and lists of nominations to each of the comptrollers in the treasury, and to the treas- 182 Executive Eegister of the United States urer, and to the register of the treasury, a full and complete list, duly certified, of all the persons who shall have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session. The President to Scc. 8. And he it further enacted, That whenever the Pres- tary of'the^'Trea^sury idcut shall, without the advicc and consent of the Senate, made'In^ppoin?- designate, authorize, or employ any person to perform the without the°Mn- duties of any office, he shall forthwith notify the Secretary sent of the senate. ^_j the Trcasuiy thereof; and it shall be the duty of the Duty of the Secretary of the Treasury thereupon to communicate such ^^sueif case" notice to all the proper accounting and disbursing officers of his department. Money not to Scc. 9. And he it further enacted, That no money shall received by ,°any be. paid or rcccivcd from the treasury, or paid or received ^^"^^To this a(Z from or retained out of any public moneys or funds of the United States, whether in the treasury or not, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercising the duties or functions of any No claim or ofiice Contrary to the provisions of this act; nor shall any account, &c. for n • , i n x-j:? x j_ li such payment, to Claim, account, vouclier, order, certificate, warrant, or other be approved, &c. •. , • t j> ij-j i j instrument providing tor or relating to such payment, re- ceipt, or retention, be presented, passed, allowed, approved, certified, or paid by any officer of the United States, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing Violations ot this the f uuctions or duties thereof; and every person who shall section declared • -i , <.,i .. p,t- ,• tut i -i high misdemeanors. Violate any 01 the provisious 01 this section shall be deemed ^" therSor! guilty of a high misdemeanor, and, upon trial and convic- tion thereof, shall be punished therefor by a fine not exceed- ing ten thousand dollars, or by imprisonment not exceeding ten years, or both said punishments, in the discretion of the court. Schuyler Colfax, SpeaTvcr of the House of Representatives. Lafayette S. Fostee, President of the Senate^ pro tempore. The Administration of Andrew Johnson 183 In the Senate of the United States, March 2, 1867. The President of the United States having returned to the Senate, in which it originated, the bill entitled " An act regulating the tenure of certain civil offices," with his objec- tions thereto, the Senate proceeded, in pursuance of the Constitution, to reconsider the same; and Resolved, That the said bill do pass, two thirds of the Senate agreeing to pass the same. Attest: J. W. Forney, Secretary of the Senate. In the House of Eepresentatives, U. S. March 2, 1867. The House of Eepresentatives having proceeded, in pur- suance of the Constitution, to reconsider the bill entitled " An act regulating the tenure of certain civil offices," re- turned to the Senate by the President of the United States, with his objections, and sent by the Senate to the House of Eepresentatives, with the message of the President return- ing the bill: Resolved, That the bill do pass, two thirds of the House of Eepresentatives agreeing to pass the same. Attest: Edwd. McPheeson, Clerh. [United States Statutes at Large, Vol. 15, p. 168.] Chap. CCXXVII. — An Act to authorize the temporary j^iy 23,1868. Supplying of Vacancies in the Executive Departments. Be it enacted hy the Senate and Hov^e of Representatives in case of the of the United States of America in Congress assembled^ That&c. 0/ head of' in case of the death, resignation, absence, or sickness of the department)'' head of any executive department of the government, the the duties: first or sole assistant thereof shall, unless otherwise directed by the President of the United States, as is hereinafter pro- vided, perform the duties of such head until a successor be appointed, or such absence or sickness shall cease, S. Doc. 196, 58-3—05 13 18-1 Executive Eegister of the United States -Sec. 2. And he it further enacted, * si: * * * * * No appointment And HO appointment, designation, or assignment other- ex*c°ept^tTfiii wise than as is herein provided, in the cases mentioned in the plnSgTuS first, second, and third sections of this act, shall be made thelenatef exccpt to fill a vacancj happening during the recess of the Senate. Head of other Scc. 3. And he it further enacted, That in sltij ot the casBS partnfentr&cl'may hereinbefore mentioned it shall be lawful for the President perform^duties° of the United States, in his discretion, to authorize and direct the head of any other executive department or other officer in either of those departments, whose appointment is, by and with the advice and consent of the Senate, vested in the President, to perform the duties of the office vacant as aforesaid until a successor be appointed, or the sickness or but fornot more abscnce of the incumbeut shall cease: Provided^ That noth- ing in this act shall authorize the supplying as aforesaid a vacancy for a longer period than ten days when such vacancy shall be occasiiDued by death or resignation, and the officer so performing the duties of the office temporarily vacant shall not l^e entitled to extra comjaensation therefor : * * than ten days, &c. sistent laws. Repeal of incon- Scc. 4. And he it further enacted. That all acts heretofore passed on the subject of temporarily supplying vacancies in the executive departments, or which empower the Presi- dent to authorize any person or persons to perform the duties of the head of any executive department, or of any officer in either of the departments, in case of a vacancy therein or inability of such head of a department or officer to discharge the duties of his office, and all laws inconsistent with the provisions of this act, be, and the same are hereby, repealed. Approved, July 23, 1868. Article XIV. of the Amendments to the Constitution of the United States. * Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens The AuMiNisTRATioisr of Andrew Johnson 185 of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, exclud- ing Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Eepresentatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representa- tive in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for pay- ment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or 186 Executive Registee of the United States rebellion against the United States, or any claim for the loss or emancipation of any slave; but a:ll such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Note. — The Fourteenth Amendment was declared to be a part of the Constitution of the United States by a concurrent resolu- tion of Congress of July 21, 1868, and by proclamation of the Secretary of State, dated July 28, 1868. THE ADMINISTEATION OF ULYSSES S. GRANT FIEST TEEM March 4, 1869, to March 3, 1873 188 Executive Segistee of the United States ELECTION FOR THE TWENTY-FIRST TERM, COMMENCING 4th MARCH, 1860, AND TERMINATING^ 3rd MARCH, 1873. STATES. President. Vice President. m o \> "SI ® -p P o a. 5 4^ M 11 03 *j . O OQ fe O ® g=s K t(-l 1^ 't, 7 Maine 7 5 13 4 6 5 26 9 6 10 21 13 16 8 11 5 8 3 8 8 5 4 3 5 3 3 33 7 3 7 11 7 3 7 5 12 4 6 - 5 26 9 6 10 21 13 16 8 11 5 8 3 8 8 5 4 's 5 3 3 5 12 4 6 New Hampshire Massachusetts. ....... Rhode Island Connecticut 5 Vermont 33 7 New York. New Jersey 33 7 26 3 Pennsylvania Delaware 3 7 Maryland 7 Virginia 9 6 11 North Carolina South Carolina Kentucky 11 10 Tennessee 21 7 Ohio Louisiana Mississippi '7 13 Indiana 16 Illinois 8 11 Alabama Missouri 5 Arkansas 8 Michigan 3 Florida Texas 8 Iowa 8 Wisconsin 5 California 4 Minnesota 3 Oregon 3 3 Kansas 5 3 West Virginia Nevada 3 Nebraska 285 9 Whole number of electors, excluding Georgia. Georgia 214 71 9 214 71 9 204, whole mimber ; necessary to elect, 148. 214 SO 214 80 Popi Plur liar vote 3,01.5,071 305,4.56 2,709,615 ality Tpie Administration of Ulysses S. Grant 189 Ulysses S. Grant^ Illinois. Schuyler Colfax^ Indiana. March 4, 1869, to March 3, 1873. Secretary^ of State. William H. Seward, of I^ew York, continued from last ad- ministration; resigned, and served to March 4, 1869, Elihu B. Washburne, of Illinois, nominated, confirmed and commissioned March 5, 1869 ; entered upon duties same day; resigned March 10, 1869; served to March 16, 1869; appointed Envoy Extraordinary and Minister Plenipo- tentiary to France March 17, 1869. Hamilton Fish, of New York, nominated, confirmed and commissioned March 11, 1869; entered upon duties March 17, 1869 ; served through remainder of the ad- ministration. Secretary of the Treasury. Hugh McCulloch, of Indiana, continued from last admin- istration; resigned, and served to March 4, 1869. Alexander T. Stewart, of New York, nominated and con- firmed March 5, 1869; declined March 9, 1869; ineli- gible (Act of September 2, 1789), Jo pin F. Hartley, of Maine (Assistant Secretary), ad in- terim March 5, 1869, to March 11, 1869. George S. Boutwell, of Massachusetts, nominated, con- firmed and commissioned March 11, 1869 ; entered upon duties ]\Iarch 12, 1869; served through remainder of the administration. Secretary of War. John M. Scpiofield, continued from last administration ; ap- pointed Major General, U. S. Army, March 4, 1869; continued as Secretary of War to- March 12, 1869. 190 Executive Registee of the TTnited States John A. Rawlins, of Illinois, nominated, confirmed and commissioned March 11, 1869; entered upon duties March 12, 1869 ; died September 6, 1869. William T. Sherman, of Ohio, commissioned (recess of the Senate) September 9, 1869 ; entered upon duties Sep- tember 11, 1869; resigned October 18, 1869; served to October 31, 1869. William W. Belknap^ of Iowa, commissioned (recess of the Senate) October 25, 1869; entered upon duties No- vember 1, 1869; nominated December 6, 1869; con- firmed and recommissioned December 8, 1869 ; served through remainder of the administration. Attoeney Geneeal. William M. Evarts^ of New York, continued from last ad- ministration; resigned, and served to March 4, 1869. J. Hub ley Ashton^ of Pennsylvania (Assistant Attorney General), acting March 5, 1869, to March 10, 1869. Ebenezee R. Hoae, of Massachusetts, nominated, confirmed and commissioned March 5, 1869; entered upon duties March 11, 1869; resigned, and served to July 7, 1870. Amos T. Akeeman, of Georgia, nominated June 16, 1870: confirmed and commissioned June 23, 1870; entered upon duties July 8, 1870; resigned, and served to Janu- ary 9, 1872. Geoege H. Williams^ of Oregon, nominated, confirmed and commissioned December 14, 1871, to take effect Janu- ary 10, 1872; entered upon duties January 10, 1872; served through remainder of the administration. Postmastee General. St. John B. L. Skinner, of New York (First Assistant Postmaster General), ad interim March 4, 1869, to March 5, 1869. John A. J. Ceeswell, of Maryland, nominated, confirmed and commissioned March 5, 1869 ; entered upon duties March 6, 1869; served through remainder of the admin- istration. The Administration of Ulysses S. Giiant 191 Secretary of the Navy. William Faxon^ of Connecticut (Assistant Secretary), ad interim March 4, 1869, to March 8, 1869. Adolpii E. Borie^ of Pennsylvania, nominated, confirmed and commissioned March 5, 1869 ; entered upon duties March 9, 1869 ; served to June 25, 1869 ; resigned June 35, 1869. George M. Eobescn^ of Kew Jersey, commissioned (recess of the Senate) June 35, 1869 ; entered upon duties same day; nominated December 6, 1869; confirmed and re- commissioned December 8, 1869 ; served through remain- der of the administration. Secretary of the Interior. William T. Otto^ of Indiana (Assistant Secretary), ad in- ■ierim March 4, 1869, to March 8, 1869. Jacob D. Cox^ of Ohio, nominated, confirmed and commis- sioned March 5, 1869 ; entered upon duties March 9, 1869 ; resigned and served to October 31, 1870. Columbus Delano^ of Ohio, commissioned (recess of the Senate) November 1, 1870; entered upon duties same day; nominated December 6, 1870; confirmed and re- commissioned December 8, 1870 ; served through remain- der of the administration. [United States Statutes at Large, Vol. 16, p. 6.] Chap. X. — An Act to amend "An Act regulating if /?e Aprils, iseg. Tenure of certain civil Offices/' Be it enacted hy the Senate and House of Representatives im, ch. 154, voi. of the United States of America in Congress assembled, That^^^'^' the first and second sections of an act entitled " An act regu- First and second 1. o •••T rv t • ^ • i • • ■ ■ i i i days after com- Senate, exccpt lor any office which m Ins opinion ought not each session to bo filled, to nominate persons to fill all vacancies in office ■ which existed at the meeting of the Senate, whether tem- porarily filled or not, and also in the place of all officers Proceedings if suspeudcd; and if the Senate during such session shall re- Senate refuse p , t • i ,, •, , • n i to confirm, f usc to advisc and consent to an appointment m the place of any suspended officer, then, and not otherwise, the Presi- dent shall nominate another person as soon as practicable to said session of the Senate for said office. Vacancies happen- Scc. 3. And he it further enacted, That section three of inff durinfi' rfC6ss from death,' the act to wliich this is an amendment be amended by in- ^^may bffiikd sertiug after the word " resignation," in line three of said y resi ent. ggg|.jQj^^ ^-^e followiug: " or expiratiou of term of office." Approved, April 5, 1869. The ADMINISTRATIOiN- OF UlYSSES S. GtRANT 193 Article XV. of the Amendments to the Constitution of the United States. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 3. The Congress shall have power to enforce this article by appropriate legislation. Note. — The Fifteenth Amendment was declared to be a part of the Constitution of the United States by proclamation of the Secretary of State, dated March 30, 1870. [United States Statutes at Large, Vol. 16, p. 162.] Chap. CL. An Act to establish the Department of Justice. june22, i87o. Be it enacted hy the Senate and House of Representatives Department of the United States of America in Congress assembled. That estabhSfed. there shall be, and is hereby, established an executive de- partment of the government of the United States, to be called the Department of Justice, of which the Attorney- Attorney-General General shall be the head. His duties, salary, and tenure of *° ^® ^''^ ''^^^• office shall remain as now fixed by law, except so far as they may be modified by this act. Sec. 2. And be it further enacted, That there shall be iuofficeof said Department an officer learned in the law, to assist the estabiishfir^'^* Attorney-General in the performance of his duties, to be called the solicitor-general, and who, in case of a vacancy in the office of Attorney-General, or in his absence or disability, shall have power to exercise all the duties of that office. There shall also be continued in said Department the two of assistants of other officers, learned in the law, called the assistants of General, the Attorney-General, whose duty it shall be to assist the isn, ch. 72. Attorney-General and solicitor-general in the performance post, p. 432. of their duties, as now required by law. Sec. 3. And be it further enacted, That from and after ot'h^rVpTrtments the time when this act takes effect, the solicitor of the to'be transferred treasury and his assistants, the solicitor of internal revenue, justke'^In'd^'' the solicitor and naval judge advocate general, who shall its"cont?oT ^^ 194 Executive Eegister of the United States hereafter be known as the naval solicitor, and the clerks, messengers, and laborers employed in the office of the Attor- ney-General, and in the offices of the solicitor of the treas- ury, naval solicitor, and solicitor of internal revenue, and the law officer in the Department of State, now designated as the examiner of claims in said Department, shall be transferred from the Departments with which they are now associated to the Department of Justice; and said officers shall exercise their functions under the supervision and con- trol of the head of the Department of Justice. Questions of Scc. 4. And he it further enacted, That questions of law to thL Attorney- submitted to the Attorney- General for his opinion, except ques- '^"Tc' may be'tions iuvolving a construction of the Constitution of the United subordinates, &c. States, may be by him referred to such of his subordinates as he may deem appropriate, and he may require the written Effect of their opiuiou thcreou of the officer to whom the same may be re- opinions indorsed n -L' 11 • • • n ^ 02 i n i by Attorney- lerred; and it the opinion given by such officer shall be ' approved by the Attorney-General, such approval so en- dorsed thereon shall give the opinion the same force and effect as belong to the opinions of the Attorney-General. Cases in the Sec. 5. And he it further enuded, That whenever the court of claims » , . ,-> t -i • i i ■ n and Supreme Attomey-Gcneral deems it necessary, he may require the Court of the t ■, ■, , / • t ■ t n i United States, solicitor-general to argue any case m which the government is interested before the court of claims; and as to' cases coming by appeal from the court of claims to the Supreme Court of the United States, it shall be the duty of the Attorney-General and solicitor-general to conduct and argue them before that court as in other cases in which the United Cases in any States is interested. And the Attorney-General may, when- united States, cvcr he dccms it f or the interest of the United States, con- duct and argue any case in which the government is inter- ested, in any court of the United States, or may require the solicitor-general or any officer of his Department to do so. Officers of the And the solicitor-general, or any officer of the Department be sent to of Justicc, may be sent by the Attorney-General to any State orYistrict. or district in the United States to attend to the interests of the United States in any suit pending in any of the courts of the United States, or in the courts of any State, or to The Administration of Ulysses S. Grant ' 195 attend to any other interest of the United States; for which service they shall receive, in addition to their salaries, their Actual and neces- actnal and necessary expenses, while so absent from the seat on such service of government, the account thereof to be verified by afiidavit. Sec. G. And he it further enacted. That whenever a ques- Questions of tion of law arises in the administration, either of the War or or Navy Navy Department, the cognizance of which is not given by statute to some other officer from whom the head of either of these Departments may require advice, the same shall be sent to the Attorney-General, to be by him referred to the proper officer in his Department provided for in this act, or otherwise disposed of as he may deem proper; and each head of any Department of the government may require the opinion of the Attorney-General on all questions of law arising in the administration of their respective Depart- ments. . Sec. 7. And he it further enacted, That the duties en- Duties of auditor joined upon the auditor of the Post-Office Department by Department, the fourteenth section of the act entitled "An act to change isse, ch. 270, the organization of the Post-Office Department, and to pro- voi. v,' p. 82. vide more effectually for the settlement of the accounts thereof," passed July two, eighteen hundred and thirty-six, shall hereafter be performed by some officer of the Depart- ment of Justice, to be specially designated, under the direc- tion of the Attorney-General, who shall also have the care of Prosecutions for offcncGS prosecutions for mail depredations and penal offenses against against postal the postal laws. See. 8. And he it further enacted, That the Attorney- Rules and rcgu- n 1 • T -1 Tiim 1 lations of the General is hereby empowered to make all necessary rules department, and regulations for the government of said Department of Justice, and for the management and distribution of its business. Sec. 9. And he it further enacted, That the several officers officers hereby hereinbefore transferred from the other Departments to the hold office Department of Justice shall hold their respective offices until their successors are duly qualified; and the solicitor- general, and whenever vacancies occur, the assistants of the certain appoint- , T . . , . , . ments to be made Attorney-General, and all the solicitors and assistant solic- by the President; 196 Executive Register of the United States itors mentioned in this act, shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. All others by the the other officers, clerks, and employees in the said Depart- Attorney-Generai. ^^^^ ^^^^^ ^^ appointed and be removable by the Attorney- General. Salaries. Scc. 10. And he it further enacted, That the following annual salaries shall be paid to the officers hereinbefore soiicitor-senerai. mentioned: To the solicitor-general, seven thousand five Assistants of hundred dollars; to each of the assistants of the Attorney- GeneTah General, five thousand dollars each; to the solicitor of the Solicitor of internal revenue, five thousand dollars; and to the other '''^'othe/officMs. officers the salaries and fees now allowed by law; and the stenographic Attomey-Gcneral shall be alloAved a stenographic clerk, with "^ '^' ■ an annual salary of two thousand dollars, and he may ap- Additionai clerks, point three additional clerks of the fourth class. Moneys drawn by Scc. 11. And he it further enacted, That all moneys here- Generai, how to after drawu out of the treasury upon the requisition of the ' Attorney-General, shall be disbursed by such one of the clerks herein provided for the Attorney-General as he may . Repeal of part designate; and so much of the first section of the act making 80, sec. i! appropriations, passed March three, eighteen hundred and ' fifty-nine, as provides that moneys drawn out of the treas- ury upon the requisition of the Attorney-General shall be disbursed by such disbursing officer as the Secretary of the Treasury may designate, is hereby repealed. Annual report of Sec. 12. Afid he it further enacted, That it shall be the whTnmaderand duty of the Attomcy-General to make an annual report to to include what. ^ .-r , />ni- p n • -\ Congress, m January each year, ot the business ot the said Department of Justice, and any other matters appertaining statistics thereto that he may deem proper, including the statistics of ^"™^' crime under the laws of the United States, and, as far as practicable, under the laws of the several States. Superintendent of Sec. 13. And he it further enacted. That the superin- reasury^ providf teudcut of the trcasury building shall provide such suitable e rooms. -p^Q^^g jj^ ^T^^ ticasury building as may be necessary to accom- modate the officers and clerks of the said Department, or, to the extent that that may be found impracticable, to provide such rooms in some other building in the vicinity of said treas- ury building. The Administeation of Ulysses S. GpiAkt 197 Sec. 1-i. And he it further enacted, That the Attorney- Attorney-General General may require any solicitor or officers of the Depart- ofilcer'^to "^^ ^^^ ment of Justice to perform any duty required of said Depart- duty required, ment or any officer thereof; and the officers of the law department, under the direction of the Attorney-General, shall give all opinions and render all services requiring the opinions, skill of persons learned in the law, necessary to enable the President and heads of the executive Departments, and the heads of bureaus and other officers in such Departments to discharge their respective duties; and shall, for and on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings Suits and procG6(iinKS« in the Supreme Court of the United States and in the court of claims, in which the United States, or any officer thereof, is a party or may be interested. And no fees shall be allowed no fees to any or paid to any other attorney or counsellor at law for or counsellor, for any Fervicc any service herein required of the officers of the Department herein required, of Justice. Sec. 15. And he it furtlier enacted, That the supervisory supervisory powers now exercised by the Secretary of the Interior over accounts of ,1 , i>,iTi-i,i T1 IT 1 district attorneys, the accounts ol the district attorneys, marshals, clerks, and &c. to be exer- other officers of the courts of the United States, shall be ex- General; ercised by the Attorney-General, who shall sign all requisi- tions for the advance or payment of moneys out of the treas- ury, on estimates or accounts, subject to the same control now exercised on like estimates or accounts by the first auditor or first comptroller of the treasury. Sec. 16. And he it further enacted. That the Attorney- and over conduct n iini •• p J_^ -\ i ^ n ^^d proceedings of General shall have supervision of the conduct and proceed- attorneys of, or ings of the various attorneys for the United States in the united states. respective judicial districts, who shall make report to him of their proceedings, and also of all other attorneys and counsellors employed in any cases or business in which the United States may be concerned. Sec. 17. And he it further enacted, That it shall not be secretaries of lawful for the Secretary of either of the executive Depart- to employ ments to employ attorneys or counsel at the expense of the counsel at the United States; but such Departments, when in need of coun- united states; 198 Executive Eegistek of the United States to call upon sel or advice, shall call upon the Department of Justice, the the Depa^rtmcn^t Qg|ggj.g ^^ whlch shall attend to the same; and no counsel or No counsel or attomcj f CCS shall hereafter be allowed to any person or be aUowX except" pcrsons, hesldcs the respective district attorneys and assist- whft'celrtificate'! ant district attorneys, for services in such capacity to the United States, or any branch or department of the govern- ment thereof, unless hereafter authorized by law, and then only on the certificate of the Attorney-General that such services were actually rendered, and that the same could not be performed by the Attorney-General, or solicitor-general, or the officers of the department of justice, or by the district Attorneys, &c. attomcys. And every attorney and counsellor who shall specia^ y^^e^a_me^ ^^ Specially retained, under the authority of the Department special assistant of Justicc, to assist in the trial of any case in which the to, &c. and shall , . . , _ , ,, . . . „ take the oath, &c. govcmment IS interested, shall receive a commission trom the head of said Department, as a special assistant to the Attorney-General, or to some one of the district attorneys, as the nature of the appointment may require, and shall take the oath required by law to be taken by the district attor- neys, and shall be subject to all the liabilities imposed upon such officers by law. Edition of the Scc. 18. A7id he it further enacted, That the Attorney- officers to be General shall from time to time cause to be edited and published from ■ , -, -,■,■ n ,-, ^ ■ , .-, time to time, printed an edition oi one thousand copies, at the govern- ment printing office, of such of the opinions of the law officers herein authorized to be given as he may deem valu- able for preservation, in volumes which shall be as to the style, &c. of size, quality of paper, printing, and binding, of uniform style how distributed, and appearance, as nearly as practicable, with the eighth volume of said opinions, published by Eobert Farnham, in the year eighteen hundred and sixty-eight, which volumes shall contain proper head-notes, a complete and full index, and such foot-notes as the Attorney-General may approve. Such volumes shall be distributed in such manner as the Attorney-General may from time to time prescribe. This act, when Scc. 19. And be it further enacted. That this act shall take to take effect ' effect and be in force from and after the first day of July, eighteen hundred and seventy. Approved, June 22, 1870. The Administeation of Ulysses S. Grant 199 [United States Statutes at Large, Vol. 17, p. 157.] Chap. CXCVIII. — An Act to amend an Act entitled "/I /i May 23, i872. Act to establish a uniform Time for holding Elections for Electors of President and Vice-President in all the States of the Union" approved January tiventy-third, eighteen hun- dred and forty-five. Be it enacted by the Senate and House of Bepresentativcs Election to of the United States of America in Congress assembled. That dentiai electors, if by the now existing laws of any State the election com- 1872, in any state' mencing on the Tuesday next after the first Monday in for more than November, eighteen hundred and seventy-two, for the pur- pose of choosing electors of President and Vice-President in such State shall be required to be continued for more than one day, then said election shall be continued the num- ber of days required by the laws of such States. Approved, May 23, 1872. [United States Statutes at Large, Vol. 17, p. 283.] Chap. CCCXXXV. — An Act to revise, consolidate, and june s, i872. amend the Statutes relating to the Post-office Department. Be it enacted by the Senate and House of Representatives post-offiee of the United States of America in Congress assembled. That est'abUshe'd. there shall be established, at the seat of government of the United States of America, a department to be known as the Post-office Department. Sec. 2. That the principal officers of the Post-office Postmaster- Department shall be one Postmaster-General and three as- assistants, appoint- sistant postmasters-general, who shall be appointed by the offlce^ &c. President, by and with the advice and consent of the Senate, and who may be removed in the same manner; and the term of office of the Postmaster-General shall be for and during the term of the President by whom he is appointed, and for one month thereafter, unless sooner removed. ^ :i: * * * * * In case of death, &c. his duties Sec. 7. That in case of the death, resignation, or ab- to devolve upon sence of the Postmaster-General, all his powers and duties postmaster-general. S. Doc. 196, 58-3—05 — -14 200 Executive Register of the United States shall devoh^e, for the time being, on the first assistant post- master-general. ******* Postmaster-general Sec. 15. That before entering upon the duties, and be- '""tJ^tlik^oItror fore they shall receive any salary, the Postmaster-General affirmation; ^^^^ ^^^ persons emploj^ed in the postal-service, shall respec- tively take and subscribe, before some magistrate or other form; competent officer, the following oath or affirmation: " I, A. B., do solemnly swear (or affirm, as the case may be) that I will faithfully perform all the duties required of me, and abstain from everything forbidden by the laws in rela- tion to the establishment of post-offices and post-roads within the United States; and. that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my possession or control: So help me, God." And this oath or affirmation may be taken Before whom before any officer, civil or military, holding a commission under the United States, and such officer is hereby author- ized to administer and certify such oath or affirmation. Approved, June 8, 1872. THE ADMINISTEATIOW OF ULYSSES S. GRANT SECOND TEEM Mareli 4, 3873, to March 3, 187'? 203 Executive Eegistek of the United States •^3ton:^ii95[ JO •oiqo JO ■A.y[ou%na'^ jo •sioniTTI JO •BTSJ090 JO ';^rat)ioo 'H P9-IJIV •■BUBipUI JO •s^^asnqo'BSS'Bpi jo 'Si[ut?a -j; laiuBqiBJsr •IJTIOSSIH JO 'nAioja zJBjf) 'a "GO • • .iCcC^! .CO ■ • -co 'sc).^.3snqoBSSBjfi jo *nosiij\i Xjuoh T-( CO rt! -t— (r-l • • -e^ ■ r- ( 0^ i— I • • i— I • T— Ir- ! •siounn JO 'SIA'BQ piA'BCI •biSjo9{) jo "Bnmpni jo 'si[oxjpu9jj y 'saqx .00 • • • -OOIM «0 ■ • .00 •jjnossiH jo 'uAvoaa z^Bjf) "a •J[JOA JAQii JO 'ifaioaaf) aoBJOH •stomiii JO L,^„^=oic>=»o.cc .-.ot 'juBJO 'g sass^i xi I ^ - — CO M • .— " •S9:>0A iBjo^ooia JO agqran^ The Administration of Ulysses S. Grant 203 Ulysses S. Grant, Illinois. Henry Wilson, Massachusetts (Died November 22, 1875). Thomas W. Eerry^ Michigan, President pro temvore of the Senate. March 4, 1873, to March 3, 1877. Secretary of State. Hamilton Fish, of New York, continued from last admin- istration; resigned. Hamilton Fish, of New York, renominated, confirmed and reeommissioned March 17, 1873; served through remain- der of the administration. Secretary of the Treasury. George S. Boutwell, of Massachusetts, continued from last administration; served to March 16, 1873; resigned March 17, 1873. William A. Eichardson, of Massachusetts, nominated, con- firmed and commissioned March 17, 1873 ; entered upon duties same day; resigned June 1, 1874; served to June 4, 1874. Benjamin H. Bristow, of Kentucky, nominated June 1, 1874; confirmed and commissioned June 2, 1874; en- tered upon duties June 4, 1874 ; resigned June 17, 1876 ; served to June 20, 1876. Charles F. Conant, of New Hampshire (Assistant Secre- tary), ad interim June 21, 1876, to Ju.ne 30, 1876. Lot M. Morrill, of Maine, nominated, confirmed and com- missioned June 21, 1876; entered upon duties July 7, 1876 ; served through remainder of the administration. Secretary of War. William W. Belknap, of Iowa, continued from last admin- istration; resigned. 20 i Executive Register of the United States William W. Belknap, of Iowa, renominated, confirmed and reconimissioned March 17, 1873; resigned March 2, 1876. George M. Eobeson, of Kew Jersey (Secretary of the Navy), ad interim March 2, 1876, to March 10, 1876. Alphonso Taft, of Ohio, nominated March 7, 1876; con- firmed and commissioned March 8, 1876; entered upon duties March 11, 1876; served to May 31, 1876; ap- pointed Attorney General May 22, 1876. James D. Cameron, of Pennsylvania, nominated, confirmed and commissioned May 22, 1876; entered npon duties June 1, 1876 ; served through remainder of the adminis- tration. Attorney General. George H. Williams, of Oregon, continued from last ad- ministration; resigned . George H. Williams, of Oregon, renominated, confirmed and recommissioned March 17, 1873; nominated to be Chief Justice of the United States December 1, 1873; nomination withdrawn January 8, 1874; resigned April 22, 1875, to take effect May 15, 1875 ; served to May 15, 1875. Benjamin H. Bristow, of Kentucky, nominated December 1, 1873 ; nomination withdrawn January 8, 1874. Edwards Pierrepont, of New York, commissioned (recess of the Senate) April 26, 1875, to take effect May 15, 1875 ; entered upon duties May 15, 1875 ; nominated December 8, 1875 ; confirmed and recommissioned De- cember 9, 1875; served to May 31, 1876; appointed Envoy Extraordinary and Minister Plenipotentiary to England May 22, 1876. Alphonso Taft, of Ohio, nominated, confirmed^ and com- missioned May 22, 1876; entered upon duties June 1, 1876; served through remainder of the administration. The Administration of Ulysses S. Gkant 20o Postmaster General. John A. J. Creswell^ of Maryland, continued from last ad- ministration ; resigned'. John A. J. Ores well, of Maryland, renominated, confirmed and recomniissioned March 17, 1873 ; resigned June 24, 1874; served to July 6, 1874. James W. Marshall, of Virginia, commissioned (recess of the Senate) July 3, 1874; entered upon duties July 7, 1874 ; served to August 31, 1874, when appointed First Assistant Postmaster General. Marshall Jewell^ of Connecticut, commissioned (recess of the Senate) August 24, 1874; entered upon duties Sep- tember 1, 1874; nominated December 7, 1874; confirmed and recomniissioned December 15, 1874; resigned July 10, 1876; served to July 12, 1876. -James N. Tyner, of Indiana, nominated July 11, 1876; con- firmed and commissioned July 12, 1876 ; entered upon duties July 13, 1876 ; served through remainder of the administration. Secretary of the ISTavy. George M. Robeson^ of New Jersey, continued from last administration ; resigned. George M. Egbeson^ of New Jersey, renominated, confirmed and recommissioned March 17, 1873; served through remainder of the administration. Secretary of the Interior. Columbus Delano, of Ohio, continued from last adminis- tration; resigned. Columbus Delano, of Ohio, renominated, confirmed and recommissioned March 17, 1873 ; resigned July 5, 1875 ; accepted September 22, 1875, to take effect October 1, 1875 ; served to September 30, 1875. Benjamin E. Cowen, of Ohio (Assistant Secretary), ad interim October 1, 1875, to October 19, 1875. 206 Executive Kegister of the United States Zachariah Ctiandi,er, of Michigan, commissioned (recess of the Senate) October 19, 1875; entered upon duties October 20, 1875; nominated December 8, 1875; con- firmed and recommissioned December 9, 1875 ; served through remainder of the administration. [Supplement to the Revised Statutes of the United States, Vol. 1, 2nd Edition, 1874-1891, p. 4.] March 4,1874. Chap. 44. — All act authorizing the chief cleric of the War 18 Stat. L., 19. DQ^artment to sign requisitions on the Treasury during the temporary absence of the Secretary of War. Secretary of vvar Be it enactcd, &c.. That when, from illness or other cause, "chief cierirto the Secretary ,of War is temporarily absent from the War si„n lequisi^^ ^_^ J3epartment, he may authorize the chief clerk of the Depart- ' ment to sign requisitions upon the Treasury Department, R.^s. sees. 177, and other papers requiring the signature of said Secretary; 1890, March's, ch.' the Same, when signed by the chief clerk during such tem- 1882, Aug. 5, ch'. porary absence, to be of the same force and efEect as if ' p. 373.' signed by the Secretary of War himself. (March 4, 1874.) [Supplement to the Revised Statutes of the United States, Vol. 1, 2nd Edition, 1874-1891, p. 5.] March 5, 1874. Chap. 46. — An act to amend the fifteenth section of an act ^ ■ ■' ■ approved June eighth, eighteen hundred and seventy-two, entitled "An act to revise, consolidate, and amend the stat- utes relating to the Post-Office Department." Oath to be taken Be it enacted, &c., That section fifteen of the act " to re- 'Generai'^and viso, consolidatc and amend the statutes relating to the postal service" Post Office Department," approved June eighth, eighteen hundred and seventy-two, be amended to read as follows: R. s. sec. 391. " Scc. 15. That before entering upon the duties, and ch. 46, post, p. 428.' bcforc they shall receive any salary, the Postmaster General, ch. 820, sec. 1,' and all persons employed in the postal service, shall re- spectively take and subscribe before some magistrate or other competent officer authorized to administer oaths by the laws of the United States, or of any State or Territory, the following oath or affirmation: The Administration of Ulysses S. Grant 207 "'I, A, B. do solemnly swear (or affirm, as the case may form of; be,) that I will faithfully perform all the duties required of me and abstain from everything forbidden by the Uws in relation to the establishment of post-offices and post- roads within the United States; and that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my possession or control ; " '^And I also further swear (or affirm) that I will sup- port the Constitution of the United States; so help me God.' "And this oath or affirmation may be taken before any before what officer officer civil or military holding a commission under the ™^^ United States, and such officer is hereby authorized to ad- minister and certify such oath or affirmation." (March 5, r. s. sec. 392. 1874.) THE ADMINISTEATION OF RUTHEEFOED B. HAYES March 5, 1877, to March 3, 1881 210 Executive Eegister of the United States ELECTION FOR THE TWENTY-THIKD TERM, COMMENCING 4xh MARCH, 1877, AND TERMINATING 3rd MARCH, 1881. 3 W STATES, Alabama Arkansas California Colorado Connecticut — Delaware Florida — Georgia Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts.. Michig-an Minnesota Mississippi Missouri Nebraska Nevada New Hampshire New Jersey New York North Carolina . Ohio Oregon Pennsylvania .. Rhode Island . . . South Carolina . Tennessee Texas Vermont Virginia , West Virginia . . Wisconsin 369, whole number ; necessary to elect, 185. Popular vote Plurality President. 185 4.033,950 13 184 4,384,885 350,935 Vice President. 185 m1 13 184 The act en ating the Electoral Commission provided that the returns should be read in the alphabetical order of the States. It had previously been the practice for the two Houses to hear the returns in the geographical order of the States, beginning with Maine. The Administration of Rutherford B. Hayes 211 THE ELECTORAL COMMISSION. After the Presidential election of 1876, when the returns were received by the President of the Senate, it was found that there was more than one set from each of the States of Florida, Louisiana, Oregon, and South Carolina. When Congress met in December the difficulty was warmly dis- cussed, with the result that on December 11:, 1876, the House of Representatives passed a resolution authorizing the appointment of a committee of seven members to con- fer with a like committee of the Senate, and on the 18th of the same month the Senate adopted a similar resolu- tion. On the 21st of December the Senate appointed Messrs. George F. Edmunds, Oliver P. Morton, Frederick T. Frelinghuysen, John A. Logan, Allen C Thurman, Thomas F. Bayard, and Matt. W. Ransom as its committee; on the 29th of the same month Mr. Logan was excused at his request, being unable to come to Washington in time, and Roscoe Conkling was appointed in his place. The committee of the House of Representatives, appointed December 22, 1876, was as follows: Messrs. Henry B. Payne, of Ohio, Eppa Hunton, of Virginia, Abram S. Hew- itt, of New York, William M. Springer, of Illinois, George W. McCrary, of Iowa, George F. Hoar, of Massachusetts, and George Willard, of Michigan. The committees met and discussed the matter from time to time until January 18, 1877, when they reported to their respective Houses a bill which was passed by the Senate on January 25, 1877, and by the House of Representatives on January 26, 1877, and approved by the President on January 29, 1877. The act provided for a commission of fifteen members, of whom five were to be elected by the Senate, viva voce; five to be elec- ted by the House of Representatives in the same manner; and four Associate Justices of the Supreme Court of the United States, who were designated, and were to select a fifth from the remaining Associate Justices. On January 30, 1877, the Senate elected Messrs. George F. Edmunds, 213 Executive Eegister of the United States Oliver P. Morton, Frederick T. Frelinghuysen, Allen Gr. ■Thurman, and Thomas F. Bayard as members of the com- mission, each having received G8 of the 69 votes cast; on the same day Associate Justice Joseph P. Bradley was selec- ted to he the fifth member of the United States Supreme Court on the commission by Messrs. Nathan Clifford, Sam- uel F. Miller, Stephen J. Field, and William Strong, the four Associate Justices who had been designated by the Act of Congress; on January 30, 1877, the House of Eepresenta- tives elected Messrs. Henry B. Payne, of Ohio, Eppa Hun- ton, of Virginia, Josiah C Abbott, of ]\Iassachusetts, George F. Hoar, of Massachusetts, and James A. Garfield, of Ohio. On February 1, the commissioners took the required oath, and organized with Justice Nathan Clifford as President; the two houses assembled in the House of Eepresentatives to receive and count the electoral votes, and proceeded by States alphabetically, until Florida was reached, when, more than one return being found, and objections presented, the case was referred to the Electoral Commission. On Feb- ruary 9, the commission decided by the votes of Messrs. Millet', Strong, Bradley, Edmunds, Morton, Frelinghuysen, Garfield, and Hoar, that the four votes of Florida for Hayes and Wheeler were the lawful votes, and should be thus counted. On February 26, Senator Thurman being physically unable to attend. Senator Francis Kernan was elected to fill his place on the commission. The two sets of returns from Louisiana, Oregon, and South Carolina, were in turn submit- ted to the commission, which decided in favor of Hayes and Wheeler in each case, and on March 1, 1877, the vote was finally reached and announced by the President of the Senate to the two houses assembled, as follows : 185 for Hayes and Wheeler, and 184 for Tilden and Hendricks. [United States Statutes at Large, Vol. 19, p. 227.] Jan. 29, 1877. Chap. 37. — An act to provide for and regulate the counting of votes for President and Vice President, and the decision of questions arising thereon, for the term commencing March fourth, anno Domini eighteen hundred and seventy-seven. The xAdministration of Butherford B. Hayes 213 Be it enacted hy tlie Senate and House of Representatives counting votes of the United States of America in Congress assembled. That vicf-Prisfd^nt"'' the Senate and House of Eepresentatives shall meet in the Meeting. Hall of the Honse of Eepresentatives, at the hour of one o'clock post meridian, on the first Thursday in February, anno Domini eighteen hundred and seventy-seven; and the President of the Senate shall be their presiding officer. Presiding officer. Two tellers shall be previously appointed on the part of the Tellers. Senate, and two on the part of the House of Eepresentatives, to who'm shall be handed, as they are opened by the Presi- dent of the Senate, all the certificates, and papers purport- ing to be certificates, of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; order of and said tellers having then read the same in the presence and Dut?es'<§ hearing of the two houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted as in this act provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the Announcement of V0t6 state of the vote, and the names of the persons, if any, elected, which announcement shall be deemed a sufficient declaration of the persons elected President and A^ice-Pres- ident of the United States, and, together with a list of the votes, be entered on the Journals of the two houses. Upon such reading of any such certificate or paper when there shall be only one return from a State, the President of the Senate shall call for objections, if any. Every objec- tion shall be made in writing, and shall state clearly and objections in concisely, and without argument, the ground thereof, and return, form of. shall be signed by at least one Senator and one member of the House of Eepresentatives before the same shall be re- ceived. When all objections so made to any vote or paper Proceedings on ' objections from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Eepresentatives shall, in like manner, submit such objections to the House of Eepresentatives for its de- 21-1 Executive Eegistek of the United States Affirmative vote cisiou ; and 110 electoral vote or votes from any State from °' ^"^^e^u'ired Avhich but One return has been received shall be rejected *° '"'■"°*' except by the affirmative vote of the two Houses. When the two Houses have voted, they shall immediately again Announcement meet, and the presiding officer shall then announce the de- ecision. ^-g-Qj^ ^£ ^YiQ question submitted. Proceedings Sec. 3. That if morc than one return, or paper purport- doubie^returns. ing to be a rctum from a State, shall have been receive" by the President of the Senate, purporting to be the certi- ficates of electoral votes given at the last preceding election for President and Vice-President in such State, (unless they shall be duplicates of the same return), all such returns and papers shall be opened by him in the presence of the two Houses when met as aforesaid, and read by the tellers, and all such returns and papers shall thereupon be submitted to the judgment and decision as to which is the true and lawful Electoral com- electoral vote of such State, of a commission constituted mission. How „ , -r\ • xi • i? i tt constituted, as lollows, namely : During the session ot each House on the Tuesday next preceding the first Thursday in February, eighteen hundred and seventy-seven, each House shall, by viva voce vote, appoint five of its members, who with the five associate justices of the Supreme Court of the United States, to be ascertained as hereinafter provided, shall constitute a commission for the decision of all questions upon or in Selection of respcct of such double returns named in this section. On Supreme Court, the Tucsday ucxt preceding the first Thursday in February, anno Domini eighteen hundred and seventy-seven, or as soon thereafter as may be, the associate justices of the Su- preme Court of the United States now assigned to the first, third, eighth, and ninth circuits shall select, in such man- ner as a majority of them shall deem fit, another of the as- sociate justices of said court, which five persons shall be President of members of said commission; and the person longest in com- mission of said five justices shall be the president of said commission. The members of said commission shall re- oath. spectively take and subscribe the following oath : " I, , do solemnly swear (or affirm, as the case may be) that I will impartially examine and consider all questions sub- commission. The Adtministration of Rutherford B. Hayes 215 mitted to the coiiimissiou of which I am a member/ and a true judgment give thereon, agreeably to the Constitution and the laws : so heljo me God ; " which oath shall be filed with the Secretary of the Senate. When the commission commission not shall have been thus organized, it shall not be in the power ° ^ '^*'' ^^*^' of either house to dissolve the same, or to withdraw any of its members; but if any such Senator or member shall vacancies, die or become physically unable to perform the duties re- quired by this act, the fact of such death or physical ina- bility shall be by said commission, before it shall proceed further, communicated to the Senate or House of Repre- sentatives, as the case may be, which body shall immediately and without debate proceed l3y viva voce vote to fill the place so vacated, and the person so appointed shall take and subscribe the oath hereinbefore prescribed, and become a member of said commission; and, in like manner,, if any of said justices of the Supreme Court shall die or become physically incapable of performing the duties required by this act, the other of said justices, members of the said commission, shall immediately appoint another justice o£ said court a member of said commission, and, in such appoint- ments, regard shall be had to the impartiality and freedom from bias sought by the original appointments to said com- mission, who shall thereupon immediately take and sub- scribe the oath hereinbefore prescribed, and become a mem- ber of said commission to fill the vacancy so occasioned. All opening certifi- 11 j.-j^j. 1 J.-J.1 x*j2i.j?ji cates in case of the certificates and papers purportmg to be certificates ot the double returns, electoral votes of each State shall be opened, in the alpha- betical order of the States, as provided in section one of this act; and when there shall be more than one such certificate or paper, as the certificates and papers from such State shall !;0 bo opened, (excepting duplicates of the same re- turn,) they shall be read by the tellers, and thereupon the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state objections, clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one member of the House of Representatives before the same S. Doc. 196, 58-3—05 15 216 Executive Kegister of the United States shall be received. When all such objections so made to any certificate, vote, or paper from a State shall have been re- ceived and read, all such certificates^, votes, and papers so ob- certiscates, jectecl to, and all papers accompanying the same, together etc. to be submitted to with sucli objoctions, shall be forthwith submitted to said commission. commission, which shall proceed to consider the same, with Powers of the samo powers, if any, now possessed for that purpose by commission. J- . t ji i i the two Houses acting separately or together, and, by a ma- jority of votes, decide whether any and what votes from such State are the votes provided for by the Constitution of the United States, and how many and what persons were duly appointed electors in such State, and may therein take into view such petitions, depositions, and other papers, if any, as shall, by the Constitution and now existing law, be com- Decision, pcteut and pertinent in such consideration; which decision ' shall be made in writing, stating briefly the ground thereof, and signed by the members of said commission agreeing therein; whereupon the two houses shall again meet, and Proceedings such decisiou shall be read and entered in the journal of ecision. ^^^^ House, and the counting of the votes shall proceed in conformity therewith, unless, upon objection made thereto in writing by at least five Senators and five members of the House of Representatives, the two Houses shall separately concur in ordering otherwise, in which case such concurrent Count not to Order shall govern. No votes or papers from any other State final decision shall be actcd upou Until the objections previously made ■ to the votes or papers from any State shall have been finally disposed of. Order of pro- Sec. 3. That wliile the two Houses shall be in meeting, ceedings in -tt-ji-i -i -, ii joint session, as provided in this act, no debate shall be allowed and no question shall be put by the presiding officer, except to either House on a motion to withdraw; and he shall have power to preserve order. Debate in each Scc. 4. That wheu the two Houses separate to decide House on objec- ■"- tions limited, upou au objcctiou that may have been made to the counting of any electoral vote or votes from any State, or upon objection to a report of said commission, or other question arising under this act, each Senator and Representative may The ADMiNisTEATioisr of Euthkrpord B. Hayes 217 speak to such objection or question ten minutes, and not oftener than once, but after such debate shall have lasted two hours, it shall be the duty of each House to put the main question without further debate. Sec. 5. That at such joint meeting of the two Houses, joint meeting; seats shall be provided as follows : For the President of the oVZ^tT^''^ Senate, the Speakers chair; for the Speaker, immediately upon his left; the Senators in the body of the hall upon the right of the presiding officer; for the Representatives, in the body of the hall not provided for the Senators ; for the tell- ers. Secretary of the Senate, and Clerk of the House of Eepresentatives, at the Clerk's desk; for the other officers of the two Houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall Not to be dis- not be dissolved until the count of electoral votes shall count declared, be completed and the result declared; and no recess shall be Recess, taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this act, in which case it shall be competent for either House, acting separ- ately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next day, Sunday ex- cepted, at the hour of ten o'clock in the forenoon. And Legislative ^ _ ... business. while any question is being considered by said commission, either House may proceed with its legislative or other busi- ness. Sec. 6. That nothing in this act shall be held to impair Right of lesai or affect any right now existing under the Constitution and not^impaSed. laws to question, by proceeding in the. judicial courts of the United States, the right or title of the person who shall be declared elected, or who shall claim to be President or Vice-President of the United States, if any such right exists. Sec. 7. That said commission shall make its own rules, commission to keep a record of its proceedings, and shall have power to employ such persons as may be necessary for the transaction of its business and the execution of its powers. Approved, January 29, 1877. 218 Executive Eegister of the United States [Senate Journal, 2nd Session, 44th Cong., Jan. 29, 1877, p. 164.] To the Senate of the United States: Message of the I follow the example heretofore occasionally permitted of ^"^^^^'panyrnrthe commuiiicatiug ill this mode my approval of the act to pro- mlssfon^acHf vide f Or aiid regulate the counting of votes for President January 29, 1877. ^^^ Yice-Presideut^ and the decision of questions arising thereon, for the term commencing March 4, A. D. 1877, be- cause of my appreciation of the imminent peril to the in- stitutions of the country from which, in my judgment, the act affords a wise and constitutional means of escape. For the first time in the history of our country, under the Constitution as it now is, a dispute exists with regard to the result of the election of the Chief Magistrate of the nation. It is understood that upon the disposition of disputes touching the electoral votes cast at the late election by one or more of the States depends the question whether one or the other of the candidates for the Presidency is to be the lawful Chief Magistrate. The importance of having clearly ascertained, by a procedure regulated by law, which of the two citizens has been elected and of having the right to this high office recognized and cheerfully agreed in by all the people of the republic cannot be overestimated, and leads me to express to Congress and to the nation my great satisfaction at the adoption of a measure that affords an orderly means of decision of a gravely exciting question. While the history of our country in its earlier periods shows that the President of the Senate has counted the votes and declared their standing, our whole history shows that in no instance of doubt or dispute has he exercised the power of deciding, and that the two houses of Congress have dis- posed of all such doubts and disputes, although in no in- stance hitherto have they been such that their decision could essentially have affected the result. For the first time the Government of the United States is now brought to meet the question as one vital to the re- sult, and this under conditions not the best calculated to The Administration or Eutherford B. Hayes 219 produce an agreement or to induce calm feeling in the several branches of the Government or among the people of the country. In a case where, as now, the result is involved, it is the highest duty of the law-making power to provide in advance a constitutional, orderly, and just method of executing the Constitution in this most interesting and critical of its provisions. The doing so, far from being a compromise of right, is an enforcement of right and an execution of powers conferred by the Constitution on Con- gress. I think that this orderly method has been secured by the bill, which, appealing to the Constitution and the law as the guide in ascertaining rights, provides a means of deciding questions of single returns through the direct action of Con- gress, and in respect to double returns, by a tribunal of inquiry, whose decisions stand unless both Houses of Con- gress shall concur in determining otherwise; thus securing a definite disposition of all questions of dispute, in whatever aspect they may arise. With or without this law, as all of the States havfe voted, and as a tie vote is impossible, it must be that one of the two candidates has been elected; and it would be deplorable to witness an irregular controversy as to which of the two should receive or which should continue to hold the office. In all periods of history controversies have arisen as to the succession or choice of the chiefs of states, and no party or citizens loving their country and its free institutions can sacrifice too much of mere feeling in pre- serving through the upright course of law their country from the smallest danger to its peace on such an occasion, and it cannot be impressed too firmly in the heart of all the people that true liberty and real progress can exist only through a cheerful adherence to constitutional law. The bill purports to provide only for the settlement of questions arising from the recent elections. The fact that such questions can arise demonstrates the necessity, which I cannot doubt will before long be supplied, of permanent general legislation to meet cases which have not been con- templated in the Constitution or laws of the country. 220 Executive Eegister of the United States The bill may not be perfect, and its provisions may not be such as would be best applicable to all future occasions, but it is calculated to meet the present condition of the question and of the country. The country is agitated. It needs and it desires peace and quiet and harmony between all parties and all sections. Its industries are arrested, labor unemployed, capital idle, and enterprise paralyzed by reason of the doubt and anxiety attending the uncertainty of a double claim to the Chief Magistracy of the nation. It wants to be assured that the result of the election will be accepted without resistance from the supporters of the disappointed candidate, and that its highest officer shall not hold his place with a questioned title of right. Believing that the bill will secure these ends, I give it my signature. U. S. Grant. Executive Mansion, January 29, 1877 The Administration of Eutherfokd B. Hayes 221 EuTHERFORD B. Hayes, Ohio. William A.- Wheeler, New York. March 5, 1877, to March 3, 1881. Secretary' of State. Hamilton Fish, of New York, continued from last admin- istration; resigned March 5, 1877; served to March 12, 1877. William M. Evarts, of New York, nominated March 7, 1877; coniirmed March 10, 1877; commissioned March 12, 1877; entered upon duties same day; served through remainder of the administration. Secretary of the Treasury. Lot M. Morrill, of Maine, continued from last administra- tion; resigned March 5, 1877; served to March 9, 1877. John Sherman, of Ohio, nominated March 7, 1877 ; con- iirmed and commissioned March 8, 1877; entered upon duties March 10, 1877 ; served to March 3, 1881. Secretary of War. James D. Cameron, of Pennsylvania, continued from last administration; resigned March 5, 1877; served to March 11, 1877. George W. McCrary, of Iowa, nominated March 7, 1877; confirmed March 10, 1877; commissioned March 12, 1877 ; entered upon duties same day ; resigned and served to December 11, 1879; appointed United States Circuit Judge, 8th Circuit, December 9, 1879. Alexander Ramsey, of Minnesota, nominated, confirmed and commissioned December 10, 1879; entered upon duties December 12, 1879 ; served through remainder of the administration. 233 Executive Kegister of the United States Attorney General. Alphonso Taft^ of Ohio, continued from last administra- tion; resigned March 5, 1877; served to March 11, 1877. Charles Devens^ of Massachusetts, nominated March 7, 1877; confirmed March 10, 1877; commissioned March IS, 1877; entered upon duties same da}^; served through remainder of the administration. Postmaster General. James N. Tyner^ of Indiana, continued from last adminis- tration; resigned March 5, 1877; served to March 12, Oil. David M. Key,, of Tennessee, nominated March 7, 1877 ; confirmed March 10, 1877; commissioned March 13, 1877 ; entered upon duties March 13, 1877 ; served to August 34, 1880; appointed United States District Judge for the Eastern and Middle Districts of Tennessee, May 30, 1880. Horace Maynard, of Tennessee, nominated Ma}^ 19, 1880; confirmed and commissioned June 3, 18'80; entered upon duties August 85, 1880 ; served through remainder of the administration. Secretary of tlie Navy. George M. Eobeson, of Kew Jerse}^, continued from last ad- ministration ; resigned March 5, 1877; served to March 13, 1877. EiCHARD W. Thompson, of Indiana, nominated March 7, 1877; confirmed March 10, 1877; commissioned March 13, 1877; entered upon duties March 13, 1877; resigned and served to December 20, 1880. Alexander Eamsey, of Minnesota (Secretary of War), ad interim December 20, 1880, to December 30, 1880. Nathan Goff, Jr., of West Virginia, nominated, confirmed and commissioned January 6, 1881 ; entered upon duties January 7, 1881; served through remainder of the ad- ministration. The Administration of Eutherford B. Hayes 223 Secretary of the Interior. Zachariah Chandler, of Michigan, continued from last administration; resigned March 5, 1877; served to March 11, 1877. Carl Schurz, of Missouri, nominated March 7, 1877; con- firmed March 10, 1877; commissioned March 12, 1877; entered upon duties same day; served through remainder of the administration. [Revised Statutes of the United States, 2nd Edition, 1878, p. 22.] Presidential Elections. Sec. 131. Except in case of a presidential election prior xime of appoint- to the ordinary period, as specified in sections one hundred i'Mai-.Ti792', c. s. and forty-seven to one hundred and forty-nine, inclusive, lij Jan., 1845, c.'i, when the ofiices of President and Vice-President both become 29 Jan., '1877, c. 37 V 19 D 2''7 vacant, the electors of President and Vice-President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice-President. (See sec. 5520.) Sec. 132. The number of electors shall be equal to the Number of number of Senators and Representatives to which the several 1 Mar., 1792, c. 8, s 1 V 1 p 239 States are l)y law entitled at the time when the President and Vice-President to be chosen come into office; except, that where no apportionment of Eepresentatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. Sec. 133. Each State may, by law, provide for the filling vacancies in of any vacancies which may occur in its college of electors college. when such college meets to give its electoral vote. v. 5, p'.'72i. ' Sec. 134. Whenever any State has held an election for the Failure to make „.-, , ,.a choice on the purpose of choosing; electors, and has tailed to malce a cnoice appointed day. U -, -f -. 1 T xi 1 i. 1 -J- , 23Jan., 1845, c. 1, on the day prescribed by law, the electors may be appointed v. 5, p. 721. on a subsequent day in such a manner as the legislature of such State may direct. ^ » loiiiin L T ■ Meeting of Sec. 135. The electors for each State shall meet and give electoral college. . ^ 1 • .1 1 Mar., 1792, c. 8, their votes upon the first Wednesday m December m the year s. 2, v. 1, p. 239. 224 Executive Register of the United States in which they are appointed, at such place, in each State, as the legislature of such State shall direct. List of names Scc. 136. It shall be tlic dutj of the executive of each °be^urn'ished State to causc three lists of the names of the electors of such 1 Mar., 1792, c. s, State to be made and certified, and to be delivered to the ' ^" ' ^' " ' electors on or before the day on which they are required, by the preceding section, to meet. Manner of voting. Sec. 137. The clcctors sliall vote for President and Vice- c. 50, s. 1,' President, respective^, in the manner directed by the Con- V. 2, p. 295. stitution. Certificates Scc. 138. The clcctors shall make and sign three certifi- and signed, catcs of all the votes givcu by them, each of which certificates 1 Mar 1792 c. 8, s's. 2, 3', shall contain two distinct lists, one of the votes for President, V 1 D 239 26Mar.,"i804i and the other of the votes for Vice-President, and shall annex c 50 s 1 V 2 ' ' ■ 1'). 295'. to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the execu- tive of the State. Certificates Scc. 139. The elcctors shall seal uj) the certificates so and indorsed, made by them, and certify upon each that the lists of all the s. I^v. i,"p.'^239. votes of such State given for President, and of all the votes c. 50, s. i^'voi. 2' given for Vice-President, are contained therein. Transmission of Sec. 140. The clcctors sliall dispose of the certificates thus the certificates. n i xi • j_i _e m 1 Mar., i792,c. 8, made by them m the toilowing manner : 26 Ma7. 1804, c. 50,' One. They shall, by writing under their hands, or under ' ^' "' ^' ■ the hands of a majority of them, appoint a person to take charge of and deliver to the President of the Senate, at the seat of Government, before the first Wednesday in January then next ensuing, one of the certificates. Two. They shall forthwith forward by the post-oflice to the President of the Senate, at the seat of Government, one other of the certificates. Three. They shall forthwith cause the ather of the cer- tificates to be delivered to the judge of that district in which the electors shall assemble. When Secretary Sec. 141. Whenever a certificate of votes from any State of state shall -, , -. . ., , . "^ „ send for district lias uot been rcccived at the seat of Government on the first judge's list, ^rj -| , i> T 1 Mar., 1792, c. 8, Wednesday oi January indicated by the preceding section, the Secretary of State shall send a special messenger to the The Administration of Eutpierford B. Hayes 225 district judge in whose custody one certificate of the votes from that State has been lodged, and such judge sliall forth- with transmit that list to the seat of Government. Sec. 142. Congress shall be in session on the second Wed- Counting the T-T-ii J- ,. p_Liij electoral votes nesday m i^ ebruary succeeding every meeting ol the electors, in Congress. and the certificates, or so many of them as have been received, s. s.^vVi, p.'oio.' shall then be opened, the votes counted, and the persons to fill the offices of President and Vice-President ascertained and declared, agreeable to the Constitution. Sec. 143. In case there shall be no President of the Senate Provision for at the seat of Government on the arrival of the persons in- President of trusted with the certificates of the votes of the electors, then i Mar., 1792, c. 8, such persons shall deliver such certificates into the office of ' ' ' ' ^' " the Secretary of State, to be safely kept, and delivered over as soon as may be to the President of the Senate. Sec. 144. Each of the persons appointed by the electors Mileage of to deliver the certificates of votes to the President of the 1 Mar. ,"1792, c. 8, Senate shall be allowed, on the delivery of the list intrusted to him, twenty-five cents for every mile of the estimated dis- tance, by the most usual road, from the place of meeting of the electors to the seat of Government of the United States. Sec. 145. Every person who, having been appointed, pur- Forfeiture for suant to subdivision one of section one hundred and forty or neglect of duty. . 1 Mar 1792 c 8 to section one hundred and fortj^-one, to deliver the certifi- s. 8, v.'i, p!'240. ' cates of the votes of the electors to the President of the Sen- ate, and having accepted such appointment, shall neglect to perform the services required from him, shall forfeit the sum of one thousand dollars. Sec. 14G. In case of removal, death, resignation, or inabil- vacancy in ity of both the President and Vice-President of the United 1 Mar., 1792, c. 8, . ^ . . , s. 9, V. 1, p. 240. States, the President of the Senate, or, if there is none, then the Speaker of the House of Eepresentatives, for the time being, shall act as President until the disability is removed or a President elected. Sec. 147. Whenever the offices of President and Vice- Notification President both become vacant, the Secretary of State shall be published. ° forthwith cause a notification thereof to be made to the ex- g. io_'";;. j^ p. 940.' ecutive of every State, and shall also cause the same to be 226 Executive Register of the United States published in at least one of the newspapers printed in each State. Requisites of Sec. 148. The notification shall specify that electors of a 1 Mar"°i792? c°8' President and Vice-President of the United States shall be 29^jan'.7i87Vfc. 37', appointed or chosen in the several States, as follows : V. 19, p. 227. First. If there shall be the space of two months yet to ensue between the date of such notification and the first Wed- nesday in December then next ensuing, such notification shall specify that the electors shall be appointed or chosen within thirty-four days preceding such first Wednesday in December. Second. If there shall not be the space of two months between the date of such notification and such first Wednes- day in December, and if the term for which the President and Vice-President last in office were elected will not expire on the third day of March next ensuing, the notification shall specify that the electors shall be appointed or chosen within thirty-four days preceding the first Wednesday in December in the year next ensuing. But if there shall not be the space of two months between the date of such notification and the first Wednesday in December then next ensuing, and if the term for which the President and Vice-President last in office were elected will expire on the third day of March next ensuing, the notification shall not specify that electors are to be appointed or chosen Time of holding Sec. 149. Elcctors appointed or chosen upon the notifica- fiii vacancy, tiou prescribed by the preceding section shall meet and give c. 8,' s. lo', their votes upon the first Wednesday in December specified 'in the notification. Regulations for Scc. 150. Tlic provisious of this Title, relating to the tion made quadrennial election of President and Vice-President, shall election to apply with rcspcct to any election to fill vacancies in the 1 Mar., 1792, a 8, offices of President and Vice-President, held upon a notifica- ' ' ' ^' ■ tion given when both offices become vacant. Resignation or Scc. 151. The ouly evideucc of a refusal to accept, or of 1 Mar., 1792, c. s', a resignation of the office of President or Vice-President, shall ' be an instrument in writing, declaring the same, and sub- scribed by the person refusing to accept or resigning, as the The Administration of Eutherford B. Hayes 227 case may be, and delivered into the office of the Secretary of State. Office of the President. Sec. 152. The term of four years for which a President commencement of and Vice-President shall be elected, shall, in all cases, com- 1 Mar°S°®rc. s, mence on the fourth day of March next succeeding the day ^' ^"' ''' ^' ^' ^^^' on which the votes of the electors have been given. Executive Departments. See. 177. In case of the death, resignation, absence, or vacancies; how sickness of the head of any Department, the first or sole assist- 23'jSi'y^'i868f cf''" ant thereof shall, unless otherwise directed by the President, p". iii^' ^' ^^' as provided by section one hundred and seventy-nine, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. Sec. 179. In any of the cases mentioned in the two pre- Discretionary ceding sections, except the death, resignation, absence, or the President, sickness of the Attorney-General, the President may, in his c. 227^5. s, v. 15, discretion, authorize and direct the head of any other Depart- 22 juiie, i87o, ment or any other officer in either Department, whose ap- p". 162.' ' ' ^' ' pointment 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. Sec. 180. A vacancy occasioned by death or resignation Temporary must not be temporarily filled under the three preceding see- limited to tions for a longer period than ten days. 23Juiy, ises, " . . c. 227 s. 3 Sec. 181. No temporary appointment, designation, or as-v! 15, p.'ie's. signment of one officer to perform the duties of another, in on temporary ,, 1 1 X- 1111 4. appointments. the cases covered by sections one hundred and seventy-seven 23 juiv, iscs, . c. 227 s. 2 and one hundred and seventy-eight, shall be made otherwise v'. 15. Vies, than as j)rovided by those sections, except to fill a vacancy happening during a recess of the Senate. See. 182. An officer performing the duties of another E.\tra compen- •^ . sation disallowed. office, during a vacancy, as authorized by sections one 23 juiy, iscjk, hundred and seventy-seven, one hundred and seventy-eight, v! is/p.'ies. and one hundred and seventy-nine, is not by reason thereof 228 Executive Eegister of the United States entitled to any other compensation than that attached to his proper office. Establishment of Sec. 199. There shall be at the seat of Government an of state Executive Department to he known as the Department of s. 1, V. 1, p. 28.' State, and a Secretary of State^ who shall he the head 15 Sept., 1789, , „ c. li, s. 1, V. 1, thereof. Establishment of Sec. 214. There shall be at the seat of Government an ^ of War. Executive Department to be known as the Department of s. i','v. i,'p.'49'. War, and a Secretary of War, who shall be the head thereof. Establishment of Sec. 233. There shall be at the seat of Government an the Department i -r-v j j /• of the Treasury. Exccutivc Department to be known as the Department of s. i', V. I'p! 65! the Treasury, and a Secretary of the Treasury, who shall be the head thereof. Establishment Scc. 346. There shall be at the seat of Government an of Department of Justice. Executive Department to be known as the Department of s. 35' V. 1,' p. 92.' Justice, and an Attorney-General, who shall be the head 22 June, 1870, , „ J ^ c. 150, s. 1, V. 16, thereof. p. 162. Solicitor-General. Sec. 347. There sliall be in the Department of Justice "^ c. 150, s. 2i an officer learned in the law, to assist the Attorney-General V. 16, p. 162. /-. 1 in the performance of his duties, called the Solicitor-General, who shall be appointed by the President, by and with the advice and consent of the Senate, ***** ******* In case of a vacancy in the office of Attorney-General, or of his absence or disability, the Solicitor-General shall have power to exercise all the duties of that office. Establishment of Sec. 388. There shall be at the seat of Government an the Post-Office Department. Exccutivc Department to be known as the Post-Offiee De- 8 May, 1794, c. 23, ^ \ _, s. 3, V. 1, p. 357. partment, and a Postmaster-General, who shall be the c. 335, ss. 1, 2, head thereof, and who shall be appointed by the President, ' ' " ' by and Avith the advice and consent of the Senate, and who may be removed in the same manner; and the term of the Postmaster-General shall be for and during the term X)i the President by whom he is appointed, and for one month thereafter, unless sooner removed. Oath of office. 8 June, 1872, Sec. 391. Before entering upon the duties of his office, and ..^ v.' 17 'p. 287.' before he shall receive any salary, the Postmaster-General 5 Mar. 1874, c. 46, ., '' -' ' V. 18, p. 19. and each of the persons employed in the postal service shall The Administration of Eutherford B. Hayes 229 respectively take and subscribe, before some magistrate or other competent officer, the following oath: "I, A. B., do solemnly swear (or affirm) that I will faithfully perform all the duties required of me, and abstain from everything forbidden by the laws in relation to the establishment of post-offices and post-roads within the United States; and that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my possession or control: So help me, God." Sec. 415. There shall be at the seat of Grovernment an Establishment of Executive Department, to be known as the Department of of ttie^Navy!™* the Navy, and a Secretary of the Navy, who shall be the head 35, s!'" V^ 1^, JD.'^sas. thereof. Sec. 437. There shall be at the seat of Government an Establishment of Executive Department to be known as the Department of ofThI interior, the Interior, and a Secretary of the Interior, who shall be the c. los^'s. 1, ' head thereof. v. , p. Sec. 1756. Every person elected or appointed to any Form of oath office of honor or profit, either in the civil, military, or naval 2 juiy'^^i862, c. service, excepting the President and the persons embraced ^^^' "" ^^' ^' by the section following, shall, before entering upon the ex parte Garland, duties of such office, and before being entitled to any part ^ '' of the salary or other emoluments thereof, take and subscribe the following oath: " I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have volun- tarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought, nor accepted, nor attempted to exercise the functions of any office whatever, under any authority, or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic ; that I will bear true faith and allegiance to the same; that I take 230 Executive Kegister of the United States this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully dis- charge the duties of the office on which I am about to enter, so help me Grod." Oath forcer- Scc. 1757. Whenever any person who is not rendered 11 July, 1868; ineligible to office by the provisions of the fourteenth amend- 15 Feb'., isTi, c'. 53', mcnt to the Constitution is elected or appointed to any office V 16 p. 412. of honor or trust under the Government of the United States, and is not able, on account of his participation in the late . rebellion, to take the oath prescribed in the preceding sec- tion, he shall, before entering upon the duties of his office, take and subscribe in lieu of that oath the following oath: "I, A. B., do solemnl}^ swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the - office on which I am about to enter. So help me God." Who may admin- Soc. 1758. The oatli of officc required by either of the 6 Aug., 1861, c. 6i, two preceding sections may be taken before any officer who s. 2, V. 12, p. 326. . . 18 April, 1876, is authorized either by the laws of the United States, or by c. 60, V. 19, p. 34. . . ^ J ■'■'■■ j^Yie local municipal law, to administer oaths, in the State, Territory, or District where such oath may be administered. Custody of oath. Scc. 1759. The oath of office taken by any person 2 July, 1862, c. ■ . J J l 128, V. 12, p. 502. pursuant to the requirements of section seventeen hundred and fifty-six, or of section seventeen hundred and fifty-seven, shall be delivered in by him to be preserved among the files of the House of Congress, Department, or court to which the office in respect to which the oath is made may appertain. Tenure of office. Scc. 1767. Evcry pcrsou hoMiug any civil officc to wMch c. 154, s. i; he has been or hereafter may be appointed by and with the V. 14, p. 430. T . T J rr j 5 April, 1869, c. 10, advice and consent of the Senate, and who shall have become s. 1, V. 16, p. 6. ' Embryos Case, 13 duly qualified to act therein, shall be entitled to hold such Kj. Ols. 455. office during the term for which he was appointed, unless sooner removed by and with the advice and consent of the Senate, or by the appointment, with the like advice and con- The Administration of Kutheeford B. Hayes 231 sent, of a successor in his place, except as herein otherwise provided. Sec. 1768. During any recess of the Senate the President suspension and is authorized, in his discretion, to suspend any civil officer 2 Man^isw,"^^' appointed by and with the advice and consent of the Senate, v. u, 'p.' m. except judges of the courts of the United States, until thes. trv-^iefp^.'?!' '"'' end of the next session of the Senate, and to designate some is"^ cL 455.' suitable person, subject to be removed, in his discretion, by the designation of another, to perform the duties of such suspended officer in the meantime; and the person so desig- nated shall take the oath and give the bond required by law to be taken and given by the suspended officer, and shall, during the time he performs the duties of such officer, be entitled to the salary and emoluments of the office, no part of which shall belong to the officer suspended. The Presi- dent shall, within thirty days after the commencement of each session of the Senate, except for any office which in his opinion ought not to be filled, nominate persons to fill all vacancies in office which existed at the meeting of the Senate, whether temporarily filled or not, and also in the place of all officers suspended; and if the Senate during such session shall refuse to advise and consent to an appointment in the place of any suspended officer, then, and not otherwise, the President shall nominate another person as soon as practica- ble to the same session of the Senate for the office. Sec. 1769. The President is authorized to fill all va- Filling vacancies cancies which may happen during the recess of the Senate 2 Mar°T867,' by reason of death or resignation or expiration of term of v. 1 4, 'p^.' 430. office, by granting commissions which shall expire at the °iu,Ty'. v. 10,%. 7. end of their next session thereafter. And if no appointment, by and with the advice and consent of the Senate, is made to an office so vacant or temporarily filled during such next ses- sion of the Senate, the office shall remain in abeyance, with- out any salary, fees, or emoluments attached thereto, imtil it is filled by appointment thereto by and with the advice and consent of the Senate; and during such time all the powers and duties belonging to such office shall be exercised by S. Doc. 196, 58-3—05 16 232 Executive Register of the United States such other officer as may hy law exercise such powers and duties in case of a vacancy in such office. Term of office not Scc. 1770. NotMug in scctlons Seventeen hundred and *° 2 Man!'i867; sixty-seven, seventeen hundred and sixty-eight, or seventeen v^iHt 43i: hundred and sixty-nine shall be construed to extend the term of any office the duration of which ir limited hy law. Accepting or Scc. 1771. Evcry person who, contrary to the four pre- contra?yTo°aw%edino- scctious, acccpts any appointment to or employment 2 Mar., 1867, . ^ -, i n . ,, - x r, ij c. 154, s. 5, in any office, or holds or exercises, or attempts to hold or ''' ' ^' ' exercise, any such office or employment, shall he deemed guilty of a high misdemeanor, and shall he imprisoned not more than five years, or fined not more than ten thousand dollars, or both. Removing, ap- Sec. 1772. Evcry removal, appointment, or employment, comm'isswning made, had, or exercised, contrary to sections seventeen hun- offlcer contrary ,. . i^iini j. to law. dred and sixty-seven, to seventeen hundred and seventy, 2 Mar., 1867, , , . i ,i i • • ■ v x c. 154, s. 6, inclusive, and the making, signing, sealing, counter- ' ^' 'signing, or issuing of any commission or letter of authority for or in respect to any such appointment or em- ployment, shall be deemed a high misdemeanor, and every person guilty thereof shall be imprisoned not more than five years, or fined not more than ten thousand dollars, or both. Conspiracy to Scc. 5520. If two OT more persons in any State or Ter- support of any ritory couspire to prevent by force, intimidation, or threat, 20 April, 1871', any citizen who is lawfully entitled to vote, from giving his V. 17, pp. 13, 14.' support or advocacy, in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice-President, or as a member of the Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; each of such persons shall be punished by a fine of not less than five hundred nor more. than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. THE ADMINISTRATION OF JAMES A. GARFIELD March 4, 1881 to September 19, 1881 234 Executive Kegister of the United States ELECTION FOR THE TWENTY-FOURTH TERM, COMMENCING 4th MARCH, 1881, AND TERMINATING 3rd MARCH, 1885. STATES. The vote of Georgia, cast on 8th Decem- ber, second Wednes- day of the month. If counted, Alabama Arkansas . . California Colorado Connecticut — Delaware Florida Georgia Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts .. Michigan Minnesota Mississippi Missouri Nebraska Nevada New Hampshire. New Jersey New York North Carolina.. Ohio Oregon Pennsylvania . . . Rhode Island — South Carolina.. Tennessee Texas Vermont Virginia West Virginia. .. Wisconsin President. The vote of Georgia, cast on 8th December, second Wednesday of the mouth. If not count- ed, (SeeSec. 135,R.S.) 369, whole number; necessary to elect, 185. 21 15 11 5 314 Tlie vote of Georgia, cast on 8th Decem- secoiid Wednes- day of the moutb. If counted. 1.55 314 w-E 10 Vice President. The vote of Georgia, cast on 8th Decem- ber, second Wednes- day ol the month. If not counted. 1^ 13 155 ^ o 314 12 144 Popular vote . Plurality — 4,449,053 7,018 4,442,035 The Administration of Jamks A. Garfield 235 James A. Garfield, Ohio, (Died September 19, 1881). Chester A. Arthur, New York. March 4, 1881, to September 19, 1881. Secretary of State. William M. Evarts, of New York, continued from last administration; resigned March 4, 1881; served to March 7, 1881. James G. Blaine^ of Maine, nominated, confirmed and com- missioned March 5, 1881; entered upon duties March 7, 1881 ; served through remainder of Garfield's administra- tion. Secretary of the Treasury. Henry F. French, of Massachusetts (Assistant Secretary), ad interim March 4, 1881, to March 7, 1881. William Windom, of Minnesota, nominated, confirmed and commissioned March 5, 1881 ; entered upon duties March 8, 1881; served through remainder of Garfield's administration. Secretary of War. Alexander Eamsey, of Minnesota, continued from last administration; resigned March 4, 1881; served to March 10, 1881. Robert T. Lincoln, of Illinois, nominated, confirmed and commissioned March 5, 1881 ; entered upon duties ■ March 11, 1881; served through remainder of Garfield's administration. Attorney General. Charles Devens, of Massachusetts, continued from last administration ; resigned March 4, 1881 ; served to March 7, 1881. 236 Executive Eegister of the United States Wayne MacVeagh, of Pennsylvania, nominated, confirmed and commissioned March 5, 1881 ; entered upon duties March 7, 1881; served through remainder of Garfield's administration. Postmaster Geneeal. Horace Maynard, of Tennessee, continued from last admin- istration; resigned March 4, 1881; served to March 7, 1881. Thomas L. James, of New York, nominated, confirmed and commissioned March 5, 1881; entered upon duties March 8, 1881; served through remainder of Garfield's administration. Secretary oe the Navy. Nathan Goff, Jr., of West Virginia, continued from last administration; resigned March 4, 1881; served to March 7, 1881. William H. Hunt, of Louisiana, nominated, confirmed and commissioned March 5, 1881 ; entered upon duties March 7, 1881 ; served through remainder of Garfield's administration. Secretary of the Interior. Carl Schurz, of Missouri, continued from last administra- tion; resigned March 4, 1881; served to March 7, 1881. Samuel J. Kirkwood, of Iowa, nominated, confirmed and commissioned March 5, 1881 ; entered upon duties March 8, 1881 ; served through remainder of Garfield's administration. PUBLIC ANNOUNCEMENT. [From the New York Herald, September 20, 1S81.] Elberon, N. J., September 19 — 11.30 p. m. The President died at thirty-five minutes past 10 p. m. After the bulletin was issued at half past 5 this evening the The Administration of James A. Garfield 237 President continued in much the same condition as durinec the afternoon, the pulse varying from 102 to 106, with rather increased force and volume. After taking nourishment he fell into a quiet sleep about thirty-five minutes before his death, and while asleep his pulse ran to 120 and was somewhat more feeble. At ten minutes after 10 o'clock he awoke, complaining of severe pain over the region of the heart, and almost immediately became unconscious, and ceased to breathe at twenty-five minutes to 11. D. W. Bliss, Frank H. Hamilton, D. Hayes Agnew. THE ADMINISTEATIOE" OF CHESTER A. ARTHUR September 30, 1881 to March 3, 1885 240 Executive Eegister of the United States [From New York Times, September 20, 1881.] TELEGRAM. Long Branch, N. J., September 19, 1881. Hon. Chester A. Arthur^ No. 123 Lexington Avenue, New York. It becomes our painful duty to inform you of the death of President Grarfield and to advise you to take tlie oath of office as President of the United States without delay. If it con- cur with your judgment, we will be very glad if you will come here on the earliest train to-morrow morning. William Windom, Secretary of the Treasury, William H. Hunt, Secretary of the Navy, Thomas L. James, Postmaster General, Wayne MacVeagh, Attorney General, S. J. KiRKWOOD, Secretary of the Interior. (Secretaries Blaine and Lincoln were not at Long Branch at the time.) [From the Evening Star, Washington, September 20, 1881.] New York, September 20, 1881. I have your message announcing the death of President Garfield. Permit me to renew through 3^ou the expression of sorrow and sympathy which 1 have already telegraphed to Attorney General MacVeagh. In accordance with your suggestion, I have taken the oath of office as President before the Hon. John E. Brady, Justice of the Supreme Court of the State of New York. I will soon advise 3'^ou further in regard to the other suggestion in your telegram. C. A. Arthur. (Addressed to the Cabinet.) The Administration of Chester A. Arthur 241 [The Washington Post, September 23, 1881.] The formal oath of office was administered to President Arthur in the Vice President's room in the Capitol at 12.10 p. m. on Thursday, September 22, 1881, by Chief Justice Morrison E. Waite, of the Supreme Court of the United States. He was accompanied to the Capitol by Senator John P. Jones, General Grant, and General Beale, and took the oath in the presence of ex-Presidents Grant and Hayes, mem- bers of the cabinet. Associate Justices Harlan and Matthews, General Sherman, Senators Hale, Jones, of Nevada, Anthony, Blair, Garland, Dawes, Sherman, Jones, of Florida, and Eepresentatives Hiscock, McCook, Errett, Townsend, Speaker Sharpe, of New York, Cornelius N. Bliss, and others. He then read the following inaugural address : " For the fourth time in the history of the Republic its Chief Magistrate has been removed by death. All hearts are filled with grief and horror at the hideous crime which has darkened our land; and the memory of the murdered Presi- dent, his protracted sufferings, his unyielding fortitude; the example and achievements of his life and the ]3athos of his death will forever illume the pages of our history. For the fourth time the officer elected by the people and ordained by the Constitution to fill a vacancy so created is called to assume the Executive chair. The wisdom of our fathers, foreseeing even the most dire possibilities, made sure that the Government should never be imperilled because of the uncertainty of human life. Men may die, but the fabrics of our free institutions remain unshaken. No higher or more assuring proof could exist of the strength and permanence of popular government than the fact that though the chosen of the people be struck down his constitutional successor is peacefully installed without shock or strain except the sorrow which mourns the bereavement. All the noble aspirations of my lamented predecessor which found expression in his life, the measures devised and sug- gested during his brief administration to correct abuses and enforce economy; to advance prosperity and promote the 243 Executive Eegister of the United States general welfare; to ensure domestic security and maintain friendly and honorable relations with the nations of the earth, will be garnered ,in the hearts of the people, and it will be my earnest endeavor to profit, and to see that the Nation shall profit, by his example and experience. Pros- perity blesses our country, our fiscal policy is fixed by law, is well grounded and generally approved. No threatening issue mars our foreign intercourse, and the wisdom, integrity, and thrift of our people may be trusted to continue undisturbed the present assured career of peace, tranquillity and welfare. The gloom and anxiety which have enshrouded the country must make repose espe- cially welcome now. No demand for speedy legislation has been heard. No adequate occasion is apparent for an unusual session of Con- gress. The Constitution defines the functions and powers of the Executive as clearly as those of either of the other two departments of the Government, and he must answer for the just exercise of the discretion it permits and the perform- ance of the duties it imposes. Summoned to these high duties and responsibilities, and profoundly conscious of their mag- nitude and gravity, I assume the trust imposed by the Con- stitution, relying for aid on Divine guidance and the virtue, patriotism, and intelligence of the American people." The Administration or Chester A. Arthur 243 Chester A. Arthur, of New York. Thomas F. Bayard^ Delaware, "^ ^ _ David Davis, Illinois, I ^J'f^^^^ P[o tempore ^ T-i T-i -tr j^ oi the benate. George F. Edmunds, Vermont, j September 20, 1881, to March 3, 1885. Secretary of State. James G. Blaine, of Maine, continued from Garfield's ad- ministration; resigned September 22, 1881; served to December 19, 1881. Frederick T. Frelinghuysen, of ISTew Jersey, nominated, confirmed and commissioned December 12, 1881 ; entered upon duties December 19, 1881; served throuo-h remain- der of the administration. Secretary of the Treasury. William Windom, of Minnesota, continued from Garfield's administration; resigned September 22, 1881; served to November 14, 1881. Edwin D. Morgan^ of New York, nominated and confirmed October 24, 1881 ; declined October 25, 1881. Charles J. Folger^ of New York, nominated, confirmed and commissioned October 27, 1881 ; entered upon duties November 14, 1881; died September 4, 1884. Charles E. Coon, of New York (Assistant Secretary), ad interim September 4, 1884, to September 7, 1884. Henry F. French, of Massachusetts, (Assistant Secretary), ad interim September 8, 1884, to September 14, 1884. Charles E. Coon, of New York, (Assistant Secretary), ad interim September 15, 1884, to September 24, 1884. Walter Q. Gresham, of Indiana, commissioned, (recess of the Senate) September 24, 1884; entered upon duties 244 Executive Eegister of the United States September 25, 1884; served to October 29, 1884, when he resigned to accept appointment as United States Cir- cuit Judge. Hugh McCulloch^ of Indiana, commissioned, (recess of the Senate) October 28, 1884; entered upon duties October 31, 1884; nominated December 3, 1884; confirmed and recommissioned December 18, 1884; served through remainder of the administration. Secretary of War. Robert T. Lincoln^ of Illinois, continued from Garfield's administration; resigned September 22, 1881, but served through the administration. Attorney General. Wayne MacYeagh, of Pennsylvania, continued from Gar- field's administration; resigned September 22, 1881; served to November 14, 1881. Samuel F. Phillips, of North Carolina (Solicitor General), ad interim November 14, 1881, to January 2, 1882. Benjamin H. Brewster, of Pennsylvania, nominated De- cember 16, 1881 ; confirmed and commissioned Decem- ber 19, 1881; entered upon duties January 3, 1882; served through remainder of the administration. Postmaster General. Thomas L. James, of New York, continued from Garfield's administration; resigned September 22, 1881, but con- tinued to serve; renominated, confirmed and recommis- sioned October 27, 1881, under act of June 8, 1872 ; re- signed December 12, 1881, to take effect January 1, 1882; served to January 4, 1882. Timothy 0. Howe, of Wisconsin, nominated, confirmed and commissioned December 20, 1881; entered upon duties January 5, 1882 ; died March 25, 1883. Frank Hatton, of Iowa (First Assistant Postmaster Gen- eral), ad interim March 26, 1883, to April 10, 1883. The Administration of Chester A. Arthur 245 Walter Q. Gresham, of Indiana, cominissioned (recess of the Senate) April 3, 1883; entered upon duties April 11, 1883; nominated December 5, 1883; confirmed and recommissioned December 11, 1883; appointed Secre- tary of the Treasury September 24, 1884. Frank Hatton^ of Iowa (First Assistant Postmaster Gen- eral), ad interim September 25, 1884, to October 13, 1884. Frank Hatton, of Iowa, commissioned (recess of the Sen- ate) October 14, 1884; nominated December 2, 1884; . confirmed and recommissioned December 4, 1884; served through remainder of the administration. Secretary of the Navt. William H. Hunt^ of Louisiana, continued from Garfield's administration; resigned September 22, 1881; served to April 16, 1882; appointed Envoy Extraordinary and Minister Plenipotentiary to Eussia. April 12, 1882. William E. Chandler, of New Hampshire, nominated April 6, 1882 ; confirmed and commissioned April 12, 1882 ; entered upon duties April 17, 1882; served through re- mainder of the administration. Secretary of the Interior. Samuel J. Kirkwood, of Iowa, continued from Garfield's administration; resigned September 22, 1881; served to April 17, 1882. Henry M. Teller, of Colorado, nominated, confirmed and commissioned April 6, 1882; entered upon duties April 17, 1882 ; resigned March 3, 1885. [Supplement to the Revised Statutes of the United States, Vol. 1 2nd Edition, 1874-1891, p. 373.] Chap. 389. — An act making appropriations for the legis- August 5, is82. lative, executive^ and judicial expenses of the government for ^ ' '' " the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for. other purposes. 246 Executive Eegistee of the United States Be 'it enacted, &c., * * * * Commanding (Par. 4.) That the President may authorize and direct Chief oTbotmu the commanding general of the Army or the chief of any mili- secSy of waT tary bureau of the War Department to perform the duties of " ^'^°^i222.' the Secretary of War under the provisions of section one hun- ch. 44, ante.'^p. 4.' dred and seventy-nine of the Revised Statutes, and section 26', volt, p. '707.' twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply to the officer so designated by reason of his temporarily performing such duties. [Supplement to the Revised Statutes of the United States, Vol. 1, 2nd Edition, 1874-1891, p. 428.] May 13, 1884. Chap. 46. — An act amending the Revised- Statutes of the ^ ■ ■' ■ United StaU.] in respect of official oaths, and for other pur- poses. Be it enoxted, &c.. Sec. 2. That section seventeen hundred and fifty-six of the Revised Statutes be, and the same is hereby, repealed; Official oath, And hereafter the oath to be taken by any person elected R. s. sec. 1757." or appointed to any office of honor or profit either in the civil, eh. 820, sec. 1,' military, or naval service, except the President of the United ■ States, shall be as prescribed in section seventeen hundi'ed and fifty-seven of the Revised Statutes, - Repeal of R. s., But this repeal shall not affect the oaths jDrescribed by ex- SGc 1756 • • . ■ istmg statutes in relation to the performance of duties in special or particular sub-ordinate offices and employments. Existing rights, Sec. 3. That the provisions of this act shall in no manner &c., not aflfected.' affcct any right, duty, claim, obligation, or penalty now exist- ing or already incurred ; and all and every such right, duty, claim, obligation, and penalty shall be heard, tried, and deter- mined, and effect shall be given thereto, in the same manner as if this act had not been passed. THE ADMINISTEATION OF GROYEE CLEVELAND FIRST TEEM March 4, 1885, to March 3, 1889 Doc. 196, 58-3—05 17 348 Executive Eegister of the United States ELECTION FOR THE TWENTY-FIFTH TERM, COMMENCING 4th MARCH, 1885, AND TERMINATING 3rd MARCH, 1889. 16 5 3 4 9 36 11 23 3 30 4 9 13 13 4 13 6 11 STATES. Alabama Arkansas California Colorado Connecticut Delaware Florida Georgia Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts .. Michigan Minnesota Mississippi Missouri Nebraska Nevada New Hampshire. New Jersey New York North Carolina .. Ohio Oregon Pennsylvania . . . Rhode Island — South Carolina . Tennessee Texas Vermont Virginia West Virginia . . Wisconsin 401, whole number ; necessary to elect, 303. Popular vote , Plurality President. 9 ^ 319 4,911,017 63,683 23 183 4,848,334 Vice President. •< 03 219 The Administration or Gkover C»lev£land 249 Grover Cleveland, New York. Thomas A. Hendricks, Indiana (Died November 25, 1885). John Sherman, Ohio, ) Presidents pro tempore John J. Ingalls, Kansas, j of the Senate. March 4, 1885, to March 3, 1889. Secretary of State. Frederick T. Frelinghuysen, of New Jersey, continued from last administration; resigned, and served to March 6, 1885. Thomas F. Bayard, of Delaware, nominated March 5, 1885; confirmed and commissioned March 6, 1885; entered upon duties March 7, 1885 ; served through remainder of the administration. Secretary of the Treasury. Hugh McCulloch, of Indiana, continued from last admin- istration; resigned, and served to March 7, 1885. Daniel Manning, of New York, nominated March 5, 1885 ; confirmed and commissioned March 6, 1885; entered upon duties March 8, 1885; resigned February 14, 1837; served to March 31, 1887. Charles S. Fairchild, of New York, commissioned (recess of the Senate) April 1, 1887 ; entered upon duties same day; nominated December 6, 1887; confirmed and re- commissioned December 15, 1887; served through re- mainder of the administration. Secretary of War. Egbert T. Lincoln, of Illinois, continued from last admin- istration; resigned, and served to March 6, 1885. William C. Endicott, of Massachusetts, nominated March 5, 1885; confirmed and commissioned March 6, 1885; 350 Executive Eegister op the United States entered upon duties March 7, 1885; served through re- mainder of the administration. Attorney General. Benjamin H. Brev^ster^ of Pennsylvania, continued from last administration; resigned, and served to March 8, 1885. Augustus H. Garland^ of Arkansas, nominated March 5, 1885 ; confirmed and commissioned March 6, 1885 ; en- tered upon duties March 9, 1885 ; served through remain- der of the administration. Postmaster General. Frank Hatton^ of Iowa, continued from last administra- tion"; resigned, and served to March 6, 1885. William F. Vilas^ of Wisconsin, nominated March 5, 1885 ; confirmed and commissioned March 6, 1885; entered upon duties March 7, 1885 ; served to January 16, 1888, when appointed Secretary of the Interior. Don M. Dickinson^ of Michigan, nominated December 6, 1887; confirmed and commissioned January 16, 1888; entered upon duties January 17, 1888; served through remainder of the administration. Secretary oe the Navy. William E. Chandler^ of New Hampshire, continued from last administration; resigned, and served to March 6, 1885. William C. Whitney^ of New York, nominated March 5, 1885; confirmed and commissioned March 6, 1885; en- tered upon duties March 7, 1885 ; served through remain- der of the administration. Secretary op the Interior. Merritt L. Joslyn^ of Illinois (Assistant Secretary), ad in- terim March 4, 1885, to March 7, 1885. The Administration of Grover Cleveland 251 Lucius Q. C. Lamar^ of Mississippi, nominated March 5, 1885 ; confirmed and commissioned March 6, 1885 ; en- tered upon duties March 7, 1885; resigned January 7, 1888 ; served to January 10, 1888 ; appointed Associate Justice of the Supreme Court of the United States Janu- ary 16, 1888. Henry L. Muldrow, of Mississippi (First Assistant Secre- tary), ad interim January 11, 1888, to January 16, 1888. William F. Yilas^ of Wisconsin, nominated December 6, 1887; confirmed and commissioned January 16, 1888; entered upon duties January 17, 1888 ; served through remainder of the administration. Secretary of Agriculture.* KORMAN J. CoLMAN, of Missouri, nominated February 11, 1889; confirmed and commissioned February 13, 1889; served through remainder of the administration. [Supplement to the Revised Statutes of the United States, Vol. 1, 2nd Edition, 1874-1891, p. 487.] Chap. 4. — An act to provide for the performance of the January 19, isse. duties of the office of President in case of the removal, death, resignation, or inability hoth of the President and Vice- President. Be it enacted &c., That in case of removal, death, resigna- in case of death, -_ . _ &c., of President tion, or inability of both the President and Vice-President and vice-President, of the United States, the Secretary of State, or if there be President. „ \ T , • ,• . R. S.,secs. 146-151. none, or in case of his removal, death, resignation or ina- bility, then the Secretary of the Treasury, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of War, or if there be none, or in case of his removal, death, resignation, or inability, then the Attorney-Ceneral, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster-General, or if there be none, or in case of his * The Department of Agriculture was established as an Execu- tive Department by Act approved February 9, 1889. 252 Executive Eegister of the United States removal, death, resignation, or inability, then the Secretary of the Navy, or if there be none, or in case of his removal death, resignation, or inability, then the Secretary of the Interior, shall act as President until the disability of the President or Vice-President is removed or a President shall be elected: Congress to Provided, That whenever the powers and duties of the e convene . ^g^^g q£ President of the United States shall devolve upon any of the persons named herein, if Congress be not then in session, or if it would not meet in accordance with the law within twenty days thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve to issue a proclamation convening Congress in extraordinary session, giving twenty days' notice of the time of meeting. Officers named Scc. 2. That the preceding section shall only be held to certain cases describe and apply to such officers as shall have been ap- ' pointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the Constitution, and not under im- peachment by the House of Representatives of the United States at the time the powers and duties of the office shall devolve upon them respectively. Repeal of B. s., Scc. 3. That sections one hundred and forty-six, one hun- secs. - . ^j,Q^ ^j^^ forty-seven, one hundred and forty-eight, one hun- dred and forty-nine, and one hundred and fifty of the Revised Statutes are hereby repealed. {January 19, 1886.) [Supplement to the Revised Statutes of the United States, Vol. 1, 2nd Edition, p. 525.] Feb. 3, 1887. Chap. 90. — An act to fix the day for the meeting of the ' electors of President and Vice-President, and to provide for and regulate the counting of the votes for President and Vicp,- President, and the decision of questions arising thereon. Presidential Be it cuactcd, &c., That the electors of each State shall electors, when i. 3 • n • i n-««-T.-r to meet and vote, meet and givc their votes on the second Monday m January R. S., sees. 131-135. . p n • i • • 1 , next lollowmg their appointment, at such place m each State as the legislature of such State shall direct. The administration of GtROver Cx.eveland 253 Sec. 2. That if any State shall have provided, by laws Determination enacted prior to the day fixed for the appointment of the laws, of contro- electors, for its final determination of any controversy or appointment of contest concerning the appointment of all or any of the conclusive, if electors of snch State, by judicial or other methods or pro- before meeting. cedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to the said time of meeting of the electors, shall be con- clusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors ap- pointed by such State is concerned. Sec. 3. That it shall be the duty of the executive of each certificate of •^ appointment of State, as soon as practicable after the conclusion of the electors, to be ^ . sent to Secre- appointment of electors in such State, by the final ascer- tary of state tainment under and in pursuance of the laws of such State providing for such ascertainment, to communicate, under the seal of the State, to the Secretary of State of the United States, a certificate of such ascertainment of the electors ap- pointed, setting forth the names of such electors and the can- vass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast ; And it shall also thereupon be the duty of the executive of and delivered c J to the electors. each State to deliver to the electors of such State, on or before ?oJ-'o^f^-,F^"u^°- ^ 1888, Oct. 19, ch. the day on which they are required by the preceding section to 1216, post, p. ess. meet, the same certificate, in triplicate, under the seal of the State; And such certificate shall be inclosed and transmitted certificates and votes or electors by the electors at the same time and in the same manner ^^''g^jfg*";^'^!^ as is provided by law for transmitting by such electors to the seat of Government the lists of all persons voted for as President and of all persons voted for as Vice-President; And section one hundred and thirty-six of the Eevised If'^^^^^^ ^- ^■' Statutes is hereby repealed; 254 Executive Registek oe the United States certiflcateof And if there shall have been any final determination in c1)ntroTe"lvtobe a State of a controversy or contest as provided for in sec- senttoSecr|toy ^.^^^ ^^^ ^^ ^j^.^ ^^^^ -^ ^^^^^^ |^g ^j^^ ^^^^ ^f ^j^g GXeCutive of such State, as soon as practicable after such determina- tion, to communicate, under the seal of the State, to the Secretary of State of the United States, a certificate of such determination, in form and manner as the same shall have been made; Certificates to And the Secretary of State of the United States, as soon be published, ^g practicable after the receipt at the State Department of each of the certificates hereinbefore directed to be trans- mitted to the Secretary of State, shall publish, in such pub- lic newspaper as he shall designate, such certificates in full; Copies to be sent And at the first meeting of Congress thereafter he shall ongress. ^^^j^gj^^^ ^q j-^^q ^^q Housgs of Cougrcss copics in full of each and every such certificate so received theretofore at the State Department. Counting electoral Scc. 4. That Cougrcss shall be in session on the second ^° R.s!, see^iTI.' Wednesday in February succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of one o'clock in the afternoon on that day, and the Presi- dent of the Senate shall be their presiding officer. Opening and read- Two tcllcrs shall bc prcviously appointed on the part ing eer i ica es. ^^ ^-^^ Scuatc and two ou the part of the House of Repre- sentatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, begin- ning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; Announcement And the votcs having been ascertained and counted in ■ the manner and according to the rules in this act provided, the result of the same shall be delivered to the President The Administration of Grover Cleveland 355 of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice-President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the objection to be President of the Senate shall call for objections, if any. "* ^^" "'^" Every objection shall be made in writing, and shall state clearly and ' concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Eepresentatives before the same shall be received. When all objections so made to any vote or paper from Decisions on a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Eepresentatives shall, in like manner, submit such objections to the House of Eepresentatives for its decision; And no electoral vote or votes from any State which shall Return, if only have been regularly given by electors whose appointment not to be rejected, has been lawfully certified to according to section three of this act from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appoint- ment has been so certified. If more than one return or paper purporting to be a re- in case of con- ^ ^ ^ ^ '-' _ nicting returns turn from a State shall have been received by the ' Presi- those votes only to be counted dent of the Senate, those votes, and those only, shall bo determined according to counted which shall have been regularly given by the elec- tws act. tors who are shown by the determination mentioned in section two of this act to have been appointed, if the deter- mination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; 256 Executive Eegistek of the United States If determination But in case there shall arise the question which of two concurTencrot or more of such state authorities determining what electors *TeSd! have heen appointed, as mentioned in section two of this act, is the lawful tribunal of such State, the votes regu- larly given of those electors, and those only, of such States shall be counted whose title as electors the two Houses, act- ing separately, shall concurrently decide is supported by the decision of such State so authorized by its laws; If no determina- And in such casc of more than one return or paper pur- authorities! porting to bc a return from a State, if there shall have been eoneurren^ vo^e ^^ such determination of the question in the State afore- said, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. If Houses dis- But if the two HousGs shall disagree in respect of the certified by state counting of such votcs, then, and in that case, the votes be counted, of the clcctors whosc appointment shall have been certified by the Executive of the State, under the seal thereof, shall be counted. Announcement of When the two Houscs havc votcd, they shall immediately each House, again meet, and the presiding officer shall then announce the decision of the questions submitted. Objection to No votcs or papers from any other State shall be acted be acted on. upou Until the objcctions previously made to the votes or papers from any State shall have been finally disposed of. Preservation Sec. 5. That while the two Houses shall be in meeting ' as provided in this act the President of the Senate shall No debate in havc powcr to prescrvc order ; and no debate shall be al- ■'"^"of Houses^ lowed and no question shall be put by the presiding officer except to either House on a motion to withdraw. Limit of debate Scc. 6. That whcu the two Houscs Separate to decide ■ upon an objection that may have been made to the count- ing of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Eepre- sentative may speak to such objection or question five min- utes, and not more than once; The Administration of Grover Cleveland 257 But after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate. Sec. 7. That at such joint meeting of the two Houses Joint meeting of seats shall be provided as follows : For the President of foro'fffc'ers^'* ^ the Senate, the Speaker's chair; for the Speaker, immedi- ately upon his left; the Senators, in the body of the Hall upon the right of the presiding officer; for the Eepresen- tatives, in the body of the Hall not provided for the Sena- tors; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two Houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count Not to dissolve unti) result of electoral votes shall be completed and the result de- is declared, dared; And no recess shall be taken unless a question shall have Recess, when may be taken. arisen m regard to counting any such votes, or otherwise under this act, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of ten o'clock in the forenoon. But if the counting of the electoral votes and the declara- —when may not ° be taken. tion of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House. {February 3, 1887.) [Supplement to the Revised Statutes of the United States, Vol. 1, 2nd Edition, p. 558.] Chap. 353. — An act to repeal certain sections of the ■?^6- ^^stat^'L^^sj'o vised Statutes of the United States relating to the appoint- ment of civil officers. Be it enucted, &c.. That sections seventeen hundred and tenure of office. ■ ■ repeal of sixty-seven, seventeen hundred and sixty-eight, seventeen pJjO^^.s^o"^^^ hundred and sixty-nine, seventeen hundred and seventy, ^^^p^'^^l^ofj^y-^l- seventeen hundred and seventy-one, and seventeen hundred 258 Executive Eegistee oe the United States fend seventy-two of the Revised Statutes of the United States are hereby repealed. See. 2. (Expired.) (March 3, 1887.) [Supplement to the Revised Statutes of the United States, Vol. 1, 2nd Edition, p. 635.] October 19, 1888. Chap. 1216. — An act supplementary to the act af proved 25 Stat. L. 613. jPgj^^^^^j fjiird, eighteen hundred and eighty-seven, entitled "An act to fix the day for the meeting of the electors of President and Vice-President, and to provide for and regulate the counting of the votes for President and Vice-President, and the decision of questions arising thereon." Lists of votes Se it enacted, &c., That the certificates and lists of votes ^"""to bl'to-warded for President and Vice-President of the United States, men- to President^of ^-^j^g^ :^^ chapter onc of title three of the Eevised Statutes i887,^Feb!'3,''c*h; of the United States, and in the act to which this is a 90, sec. s^ante, g^ppiejnent, shall be forwarded, in the manner therein pro- vided, to the President of the Senate forthwith after the second Monday in January, on which the electors shall give their votes. When Secretary Sec. 2. That scctiou oiie huudrcd and forty-one of the send for^distrfct Ecviscd Statutes of the United States is hereby so amended ju ges as . ^g ^^ reo^di as follows : Substitute for " Scc. 141. Whenever a certificate of votes from any State has not been received at the seat of Grovernment on the fourth Monday of the month of January in which their meeting shall have been held, the Secretary of State shall send a special messenger to the district judge in whose cus- tody one certificate of the votes from that State has been lodged, and such judge shall forthwith transmit that list to the seat of Government." {October 19, 1888.) [United States Statutes at Large, Vol. 25, p. 659.] February 9, 1889. Chap. 122. — An ttct to enlarge the powers and duties of the Department of Agriculture and to create an Executive Department to he Tcnown as the Department of Agriculture. Department of Be it enacted hy the Senate and House of Representatives ' of the United States of America in Congress assembled. That The Administration or Grover Cleveland 359 the Department of Agriculture, shall be an Executive De- To be an Execu- XX 1x1 •• 1 X1J50IJ ti^s Department. partment, under the supervision and. control ot a Secretary of Agriculture, who shall he appointed by the President, by and Avith the advice and consent of the Seii-> ^ >4 o >^ csooe a a ^ h^ Hq OKEh KHhO tH ■< 1^ cs o ^ ffi J^ fq i-q cis Appendix 295 ARTICLES OF CONFEDERATION AND PERPETUAL UNION BETWEEN THE STATES. TO ALL TO WHOM these Presents shall come, we the under signed Delegates of the States affixed to our Names send greeting. Whereas the Delegates of the United States of America in Congress assemhlecl did on the fifteenth day of November in the Year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America agree to certain articles of Con- federation and perpetual Union between the States of New- hampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsyl- vania, Delaware, Maryland, Virginia, North-Carolina, South- Carolina and Georgia in the Words following, viz. " Articles of Confederation and perpetual Union between the states of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New- York, New- Jersey, Pennsylvania, Delaware, Maryland, Virginia, North- Carolina, South-Carolina and Georgia. ARTICIiE I. THE Stile of this confederacy shall be " The UNITED STATES OF AMERICA." ARTICLE II. EACH state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly dele- gated to the United States, in Congress assembled. ARTICLE III. THE said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. ARTICLE IV. THlE better to secure and perpetuate mutual friendship and intercourse among the people of the S. Doc. 196, 58-3—05 20 296 Executive Kegister of the United States different states in this union, tlie free inhabitants of each of these states, paupers, vagabonds and fugitives from Justice excepted, shall be entitled to all privileges and im- munities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, pro- vided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other state of which the Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the united states, or either of them. IF any Person guilty of, or charged with treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall upon demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. FULL faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state. AETICLE V. FOE the more convenient management of the general interests of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recal its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year. ISTO state shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the imited states, for which he, or another for his benefit receives any salary, fees or emolument of any kind. Appendix 297 EACH state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. IN determining questions in the united states, in Congress assembled, each state shall have one vote. FEEEDOM of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace. AETICLE YI. NO state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any confer- rence, agreement, alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the united states in congress assembled, or any of them, grant any title of nobility. NO two or more states shall enter into any treaty, con- federation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. NO state shall lay any imposts or duties, which may inter- fere with any stipulations in treaties, entered into by the united states in congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by con- gress, to the courts of France and Spain. NO vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the united states in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress 298 Executive Eegister of the United States assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keeiD up a well regulated and disciplined militia, suffi- ciently armed and accoutred, and shall provide and con- stantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage. ISrO state shall engage in any war without the consent of the united states in congress assembled, imless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of In- dians to invade such state, and the danger is so imminent as not to admit of a delay, till the united states in congress assembled can be consulted: nor shall any state grant com- missions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the united states in congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the united states in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the united states in congress assembled shall determine otherwise. AETICLE VII. WHEK land-forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectively by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appointment. AETICLE VIII. ALL charges of war, and all other ex- pences that shall be incurred for the common defence or general welfare, and allowed by the united states in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or sur- veyed for any Person, as such land and the buildings and Appendix 299 improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the titne agreed upon by the united states in congress assem- bled. ARTICLE IX. THE united states in congress assem- bled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases men- tioned in the sixth article^of sending and receiving ambas- sadors^ — entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legisla- tive power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the expor- tation or importation of any species of goods or commodi- ties whatsoever — of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the united states shall be divided or appropriated — of granting letters of marque and reprisal in times of peace — appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for re- ceiving and determining finally appeals in all cases of cap- tures, provided that no member of congress shall be ap- pointed a judge of any of the said courts. THE united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following. AVhenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legislative or 300 Executive Eegister of the United States executive aiithority of the other state in controversy, and a day assigned for the appearance of the parties by their law- ful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question : but if they cannot agree, congress shall name three persons out of each of the united states, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as congress shall direct, shall in the presence of congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commis- sioners or judges, to hear and finally determine the contro- versy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without shewing reasons, which congress shall judge sufficient, or being present shall refuse to strike, the congress shall pro- ceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either ease transmitted to congress, and lodged among the acts of congress for the security of the parties concerned: provided that every com- missioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, " well and truly to hear and determine the matter in ques- tion, according to the best of his judgment, without favoiir^ affection or hope of rcAvard : " provided also that no state shall be deprived of territory for the benefit of the united states. Appendix 301 ALL controversies concerning the private right of soil claimed nnder different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states. THE united states in congress assembled shall also have the sole and exclusive right and jjower of regulating the alloy and value of coin struck by their own authority, or by that of the respective states — fixing the standard of weights and measures throughout the united states — regulating the trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated — establishing and regulating post-offices from one state to another, throughout all the united states, and exacting such postage on the papers passing thro' the same as may be requi- site to defray the expences of the said office — appointing all officers of the land forces, in the service of the united states, excepting regimental officers — appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the united states — making rules for the gov- ernment and regulation of the said land and naval forces, and directing their operations. THE united states in congress assembled shall have au- thority to appoint a committee, to sit in the recess of con- gress, to be denominated " A Committee of the States," and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be neces- sary for managing the general affairs of the united states under their direction — to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more tiian one year in any term of three 302 Executive Eegister of the United States years; to ascertain the necessary snms of Money to be raised for the service of the nnited states, and to appropriate and apply the same for defraying the pnblie expences — to borrow money, or emit bills on the credit of the united states, trans- mitting every half year to the respective states an account of the sums of money so borrowed or emitted, — to build and equip a navy — to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of Avhite inhabitants in such state; which requisition shall be binding, and thereupon the legis- lature of each state shall appoint the regimental officers, raise the men and cloath, arm and equip them in a soldier like manner, at the expence of the united states, and the offi- cers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on 'by the united states in congress assembled : But if the united states in congress assembled shall, on consideration of circumstances judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloath- ed, armed and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra nimiber cannot be safely spared out of the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assem- bled. THE united states in congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any. treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate money, nor agree upon the number of vessels of war, to be Appendix 303 built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same: nor shall a ques- tion on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the united states in congress assembled. THE congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no period of adjournment be for a longer duration, than the space of six Months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secresy; and the yeas and nays of the delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states. ARTICLE X. THE committee of the states, or any nine of them, shall be authorised to execute, in the recess of con- gress, such of the powers of congress as the united states in congress assembled, hj the consent of nine states, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the united states assembled is requisite. AETICLE XI. CANADA acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all the advantages of this union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states. ARTICLE XII. ALL bills of credit emitted, monies bor- rowed and debts contracted by, or under the authority of congress, before the assembling of the united states, in pur- suance of the present confederation, shall be deemed and 304 Executive Register of the United States considered as a charge against the united states, for payment and satisfaction whereof the said united states, and the pub- lic faith are hereby solemnly pledged. AETICLE XIII. EVERY state shall abide by the deter- minations of the united states in congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a con- gress of the united states, and be afterwards confirmed by the legislatures of every state. AND WHEREAS it hath pleased the Great Governor of the World to incline the hearts of the legislatures we re- spectively represent in congress, to approve of, and to author- ize us to ratify the said articles of confederation and per- petual union. KNOW YE that Ave the under-signed dele- gates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained : AND we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual. IN WITNESS whereof we have hereunto set our hands in Congress. DONE at Philadelphia in the state of Pennsyl- vania the ninth Day of July in the Year of our Lord one Thousand seven Hundred and Seventy-eight, and in the third year of the independence of America. Appendix 305 -OS ■a « n'-> >-^ ■n O ^ a^ 03 B a O CS 7:; '-' C5 C8 gS o !-i a—' a^ aj p (D « tH '^aiiS'S o S^-« ^ P^kOH o PhOH;!?!-, [J OS tga 00c ^ ® d ""Sis as -.-go ffi^t^piH oS a 2i35 +i 030) o^ 03qH © ^ 5m5 > a O -a 03 o M-i a +3 O oj O c3^ 08 03 P,c3-MQ M O C!3 g a; 0* (i> a S o o-r o=« 306 Executive Eegistee of the United States THE CONSTITUTION OF THE UNITED STATES. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tran- quility, provide for the common defence, promote the gen- eral Welfare, and secure the Blessings of Liberty to our- selves and our Posterity, do ordain and establish this Con- stitution for the United States of America. Article. I. Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall con- sist of a Senate and House of Eepresentatives. Section. 2. The House of Eepresentatives shall be com- posed of Members chosen every second Year by the People of the several States, and the Electors in each State shall the have Qualif] cations requisite for Electors of the most num- A erous Branch of the State Legislature. No Person shall be a Eepresentative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Eepresentatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term, of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be' made Avithin three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Eep- resentatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Eepresentative;. and Appendix 307 until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Con- necticut five. New- York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Caro- lina five, South Carolina five, and Georgia three. When vacancies happen in the Eepresentation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Eepresentatives shall chuse their Speaker and other Officers; and shall have the sole Power of Im- peachment. Section. 3. The Senate of the United States shall be com- posed of two Senators from each State, chosen by the Legis- lature thereof, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temjDorary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be Presi- dent of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice Presi- dent, or when he shall exercise the Office of President of the United States. 308 Executive Eegister of the United States The Senate shall have the sole Power to try all Impeach- ments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United is tried, States the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend fur- ther than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Pun- ishment, according to Law. Section. 4. The Times, Places and Manner of holding Elec- tions for Senators and Eepresentatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meetings shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section. 5. Each House shall be the Judge of the Elec- tions, Eeturns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller N'umber may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Kays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall. Appendix 309 without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall he sitting. Section. 6. The Senators and Eepresentatives shall receive a Compensation for their Services, to he ascertained by Law, and paid out of the Treasury of the- United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of The United States, which shall have been created, or the Emoluments whereof shall have been en- creased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section. 7. All Bills for raising Eevenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Repre- sentatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he ap- prove he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill .shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it 310 Executive Registek of tpie United States shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Eeturn, in which Case it shall not be a Law. Every Order, Besolution, or Vote to which the Concur- rence of the Senate and House of Eepresentatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Eepresentatives, according to the Eules and Limitations prescribed in the Case of a Bill. Section. 8. The Congress shall have Power To lay and col- lect Taxes, Duties, Lnposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign ISTations, and among the several States, and with the Indian Tribes; To establish an uniform Eule of ISTaturalization, and uni- form Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Se- curities and current Coin of the United States; To establish Post Offices and post Eoads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the ex- clusive Eight to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of ITations; To declare War, grant Letters of Marque and Eeprisal, and make Eules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; Appendix 311 To provide and maintain a Navy; To make Eules for the Government and Eegulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, sujopress Insurrections and repel Inva- sions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Con- gress, become the Seat of the Government of the United States, and to exercise like Authority over all Places pur- chased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Maga- zines, Arsenals, dock- Yards, and other needful Buildings; — And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Section. 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Eebellion or Invasion the public Safety may require it. No bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless S. Doc. 196, 58-3—05 21 312 Executive Eegister of the United States in Proportion to the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Eegulation of Com- merce or Eevenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Con- sequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present. Emolument, Office, or Title, of any kind Avhatever, from any King, Prince, or foreign State. Section. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pa.ss any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. the No State shall, without the Consent of Congress, lay any A Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be the subject to the Revision and Controul of Congress. A No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Appendix 313 Article. II. Section. 1. The executive Power shall be vested in a Presi- dent of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Each State shall appoint, in such Manner as the Legis- lature thereof may direct, a ISTumber of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Govern- ment of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Cer- tificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Elec- tors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Repre- sentation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. 314 Executive Eegistek of the United States But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may detennine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Con- stitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Eesident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Pow- ers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accord- ingly, until the Disability be removed, or a President shall be elected. The President shall, at stated Times, receive for his Ser- vices, a" Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter en the Execution of his Office, he shall take the following Oath or Affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and Avill to the best of my Ability, preserve, protect and defend the Constitution of the United States." Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Appendix 315 Offices, and lie shall have Power to grant Eeprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Con- sent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein other- wise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Eecess of the Senate, by grant- ing Commissions which shall expire at the End of their next Session. Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge neces- sary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Dis- agreement between them, with Eespect to the Time of Ad- journment, 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 Laws be faithfully executed, and shall Commission all the. Officers of the United States. Section. 4. The President, Vice President and all civil Offi- cers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Article TIL Section. 1. Tlie judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts 316 Executive Register oe the United States as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Section. 2. The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Am- bassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States, — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Pact, with such Exceptions, and under such regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section. 3. Treason against the United States, shall con- sist only in levying War against them, or in adhering to their Enemies, giving them. Aid and Comfort. ISTo Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corrup- tion of Blood, or Forfeiture except during the Life of the Person attainted. Appendix 317 Article. IV. Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Eecords, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Eecords and Proceedings shall be proved, and the Effect thereof. Section. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State Avith Treason, Felony, or other Crime, who shall flee from Justice, and be found in ■another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another,' shall, in Conse- quence of any Law or Eegulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Section. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Eules and Eegulations respecting the Territory or other Property belonging to the United States; and noth- ing in this Constitution shall be so construed as to Preju- dice any Claims of the United States, or of any particular State. Section. 4. The United States shall guarantee to every State in this Union a Eepublican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Vio- lence. .'^IS Executive Eegistee of the United States Article. V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Con- stitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for pro- posing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner aifect the first and fourth Clauses in the ISTinth Section of the first Article; and that no State, without its Consent, shall be deprived of it's ecjual Suffrage in the Senate. Article. VI. All Debts contracted and Engagements entered into, be- fore the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all exec- utive and judicial Officers, both of the United States and of. the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Appendix S19 Article. VII. The Eatification of the Conventions of nine States, shall be snfhcient for the Establishment of this Constitution be- tween the States so ratifying the Same. done in Convention by the Unani- mous Consent of the States pres- ent the Seventeenth Day of Sep- tember in the Year of our Lord one thousand seven hundred and Eighty seven and of the Inde- pendance of the United States of America the Twelfth In witness whereof We have hereunto sub- scribed our Names, vj? WASHiNGTOisr— Presid* and deputy from Virginia The "Word, "the," being- in- terlined between the seventh and eighth Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words *' is tried " being interlined between the thirty second and thirty third Lines of the first Page and the Word ."the" being interlined between the forty third and forty fourth Lines of the second Page. Attest William Jackson Secretary ISTew" Hampshire John Langdon FiCI-IOLAS GiLMAN Massachusetts Nathaniel Gorham EuFus King Connecticut W'^^ SamV Johnson EoGER Sherman New York Alexander Hamilton New Jersey r Wil : Livingston I David Brearlet. -! W^ Paterson. I [ JoNA : Dayton 320 Executive Eegister of the United States Pensylvania Delaware Marj^land Virginia ISTorth Carelina South Carolina Georgia B FRANKLIlSr Thomas Mifflin Rob'^ Morris GrEO. Clymer Tho? FitzSimons Jared Ingersoll James Wilson Gouv Morris ^ Geo : Read Gunning Bedford jnn i^ John Dickinson Richard Bassett I Jaco : Broom r James M'^Henry < Dan of S'^ Ti-iof Jenifer '^Dan^ Carroll. i John Blair — I James Madison Jr. r W^ Blount i Rich? Dobbs Spaight ^ Hu Williamson fJ. Rutledge I Charles Cotesworth Pinckney I Charles Pinckney (^ Pierce Butler r Wilijam Pew I Abr Baldwin Appendix 321 In Convention Monday September 17*^^ 1787. Present The States of JSTew Hampshire, Massacliusetts, Connecticut, M'' Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. Eesolved, That the preceeding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Eatification; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled. Eesolved, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a Day on which Electors should be appointed by the States which shall have ratified the same, and a Day on which the Electors should assemble to vote for the Presi- dent, and the Time and Place for commencing Proceedings under this Constitution. That after such Publication the Electors should be appointed, and the Senators and Eepre- sentatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Eepre- sentatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution. 332 Executive Register of the United States By the Unanimous Order of the Convention G? Washington Presid* W. Jackson Secretary [Note. — For the dates of ratification of the Constitution by the several States, see p. 4.] . Congress of the United States, begun and held at the City of New- York, on Wednesday the fourth of March, one thousand seven hun- dred and eighty nine. THE Conventions of a ninnher of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the benifi- cent ends of its institution: EESOLVED by the Senate and House of Representa- tives of the United States of America, in Congress assem- bled, two thirds of both Houses concurring, that the follow- ing Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution : viz* Aeticles in addition to, and Amendment of the Consti- tution of the United States of America, proposed by Con- gress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the Original Constitution. Article the first After the first enumeration required by the first Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which, the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor Appendix 323 less than one Eepresentative for every forty thousand persons, until the number of Eepresentatives shall amount to two hundred^ after which the proportion shall he so regulated by Congress, that there shall not be less than two hundred Eepresentatives, nor more than one Eepresentative for every fifty thousand per- sons. Article the second . . . No law, varying the compensation for the services of the Senators and Eepresentatives, shall take effect, until an election of Eepresentatives shall have intervened. Article the third Congress shall make no law respect- ing an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a re- dress of grievances. Article the fourth A well regulated Militia, being nec- essary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Article the fifth No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be pre- scribed by law. Article the sixth The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be vio- lated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particu- larly describing the place to be searched, and the per- sons or things to be seized. Article the seventh. .No person shall be held to answer for a capital, or otherwise infamous crime, unless on a pre- sentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same 324 Executive Register of the United States offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or propert}^, without due process of law; nor shall private property be taken for public use, without just com- pensation. Article the eighth... In all criminal prosecutions, the ac- cused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accu- sation; to be confronted with the witnesses against him; to have compulsory process for obtaining wit- nesses in his favor, and to have the Assistance of Coun- sel for his defence. Article the ninth. .In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Article the tenth Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Article the eleventh .... The enumeration in the Constitu- tion, of certain rights, shall not be construed to deny or disparage others retained by the people. Article the twelf th . . . The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Fkedeeick Augustus Muhlenbeeg Speaker of the House of Representatives. John Adams, Vice-President of the United States, and President of the Senate. Appendix 325 Attest, John Beckley, Clerk of the House of Kepresentatives. Sam. a. Otis Secretary of the Senate.* Third Congress of the United States: At the First session;, Begun and held at the City of Philadelphia, in the State of Pennsylvania, on Monday the Second of December one thousand seven hvmdred and ninety-three. Eesolved by the Senate and House of Eepresentatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States; which when ratified by tliree-fourths of the said Legislatures shall be valid as part of the said Constitution, viz: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Feedekick Augustus Muhlenbeeg Speaker of the House of Kepresentatives. J \ ( ^^ice President of the United States ' "I and President of the Senate. John Beckley, . . . Clerk of the House of Kepre- Attest. . -I sentatives. Sam. a. Otis, Secretary of the Senate. f *The first two amendments here appearing were not adopted. The ten following were ratified, and the ratifications were com- municated by the President to Congress, from time to time, as the several States notified him of their action. They now stand as the first ten amendments to the Constitution. t The eleventh amendment was declared by the President, in a message to Congress dated January 8, 1798, to have been rati- fied by three-fourths of the States. 326 Executive Eegister of the United States EIGHTH CONGEESS OF THE UNITED STATES; AT THE FIRST SESSION, Begun and held at the city of Washington, in the territory of Columbia, on Monday, the seventeenth of Octolaer, one thousand eight hundred and three. Resolved by the Senate and House of Eepresentatives of the United States of America, in Congress assembled. Two thirds of both houses concurring, that in lieu of the third paragraph of the first section of the second article of the constitution of the United States, the following be proposed as an amendment to the constitution of the United States, which when ratified by three-fourths of the legislatures of the several states, shall be valid to all intents and purposes, as part of the said constitution, to wit : The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the per- son voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall Appendix 32'? be taken by States, the representation from each state hav- ing one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Eepresentatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the Presi- dent. — The person having the greatest number of votes as "Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice- President; a quorum for the purpose shall consist of two- thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Nath^ Macon Speaker of the House of Eepresentatives. A. Burr Vice-President of the United States, and President of the Senate. Attest — John Beckley. — Clerk of the House of Eepresentatives. Sam: A. Otis Secretary of the Senate.* Thirty-Eighth Congress of the United States of America; At the — Second — Session, Begun and held at the City of Washington, on Monday, the fifth — day of December, one thousand eight hundred and sixty-four. * The twelfth amendment, proposed in lieu of the original third paragraph of section 1 of Article II, was declared in a proclama- tion of the Secretary of State, dated September 25, 1804, to have been ratified by three-fourths of the States. S. Doc. 196, 58-3—05 22 338 Executive Register of the United States A RESOLUTION Submitting to the legislatures o£ the several States a propo- sition to amend the Constitution of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of both houses concurring), That the following article be proposed to the legislatures of the several States as an amendment to the constitution of the United States, which, when ratified by three-fourths oJ said Legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution, namely: Article XIII. Section 1 Neither slavery nor involuntary servitude, except as a pun- ishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section. 2. Congress shall have j)ower to enforce this article by appropriate legislation. Schuyler Colfax Speaker of the House of Representatives. H. Hamlin Vice President of the United States. and President of the Senate. Approved, February 1. 1865. Abraham Lincoln [indorsement.] I certify that this Resolution did originate in the Senate J. W. Eorney Secretary* Thirty-ninth Congress of the United States, at the first session, begun and held at the City of Washington, in the District of Columbia, on Mondaj^, the fourth day of Decem- ber, one thousand eight hundred and sixty-five. * The thirteenth amendment was declared in a proclamation of the Secretary of State, dated December 18, 1865, to have been ratified by twenty-seven of the thirty-six States. Appendix 329 Joint Eesolution proposing an amendment to the Constitu- tion of the United States. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of both Houses concurring,) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of the Constitution, namely: Article XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, lib- erty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Eepresentatives shall be apportioned among the several States according to their respective numbers, count- ing the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any elec- tion for the choice of electors for President and Vice Presi- dent of the United States, Eepresentatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United Stales, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall he reduced in the pro- portion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Eepresentative 330 Executive Eegistek of the United States in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a memher of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or Judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppress- ing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obli- gations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Schuyler Colfax Speaker of the House of Kepresentatives. La Fayette S. Postee, President of the Senate pro tempore. Attest. Edw» M^Phersgn. Clerk of the House of Eepresentatives. J. W. FOENEY Secretary of the Senate.* * The fourteenth amendment being declared by a concurrent resolution of Congress, adopted July 21, 1868, to have been rati- fied by "three-fourths and more of the several States of the Union," the Secretary of State was required duly to promulgate the text. He accordingly issued a proclamation, dated July 28, 1868, declaring the proposed amendment to have been ratified by thirty of the thirty-six States. Appendix 331 Fortieth Congress of the United States of America; At the third Session, Begun and held at the city of Washington, on Monday, the seventh day of December, one thousand eight hundred and sixty-eight. A EESOLTJTION Proposing an amendment to the Constitution of the United States. Eesolved by the Senate and House of Eepresentatives of the United States of America in Congress assembled, (two-thirds of both Houses concurring) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures shall be valid as part of the Constitution, namely: Article XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude — Section 2. The Congress shall have power to enforce this article by appropriate legislation — ScHUYLEE Colfax Speaker of the House of Representatives. B. F. Wade President of the Senate pro tempore. Attest : Edw^ M^Pheeson Clerk of House of Eepresentatives. Geo. C. Gorham Secy of Senate U. S.* * The fifteenth amendment was declared in a proclamation of the Secretary of State, dated March 30, 1870, to have been ratified by twenty-nine of the thirty-seven States. INDEX Abbott, Josiah G., Member of Electoral Commission, 212. Act of June 1, 1789; time and manner of administering certain oaths, 18. July 27, 1789; establishing Department of Foreign Affairs, 19. August 7, 1789; establishing Department of War, 20. September 2, 1789; establishing Department of Treasury, 21. September 15, 1789; establishing Department of State, 24. September 22, 1789; temporarily establishing Post Office, 26. September 24, 1789; providing for Attorney General, 27. August 4, 1790; temporarily establishing Post Office, 29. March 3, 1791; temporarily establishing Post Office, 29. February 20, 1792; establishing Post Office, 30. March 1, 1732; election of President and Vice President. Who shall act when both offices vacant, 42. May 8, 1792; vacancy in State, Treasury, or War Department; who may act, 45. February 13, 1795; vacancy in State, Treasury, or War De- partment; who may act, and how long, 52. April 30, 1798; establishing Department of Navy, 59. March 2, 1799; vacancy, Postmaster General, who to act; term of Postmaster General, 60. March 26, 1804; election of President and "Vice President, 66. April 30, 1810; vacancy, Postmaster General, who to act; term of Postmaster General, 78. March 3, 1825; vacancy, Postmaster General, who to act; oath of Postmaster General, 96. July 2, 1836; vacancy. Postmaster General, who to act, 115. January 23, 1845; when electors to be voted for, 133. March 3, 1849; establishing Interior Department, 139. February 20, 1863; vacancy in Executive Departments, how to be filled, 167. March 2, 1867; tenure of civil offices, 179. July 23, 1868; vacancy in Executive Departments, how to be filled, 183. April 5, 1869; amending tenure of office act, 191. June 22, 1870; establishing Department of Justice, 193. May 23, 1872; time of choosing electors, 199. June 8, 1872; establishing Post Office Department, 199. March 4, 1874; Chief Clerk, War Department, may sign requi- sitions, 206. March 5, 1874; oath of Postmaster General, 206. January 29, 1877; providing for counting votes for President and Vice President, 1877, 212. August 5, 1882; acting Secretary of War, 245. May 13, 1884; oaths of office, 246. January 19, 1886; who to act as President in case of vacancy, 251. 334 Index Act of February 3, 1887; election of President and Vice President, 252. March 3, 1887; repeal of tenure of office act, 257. October 19, 1888; election of President and Vice President, 258. February 9, 1889; establishing Department of Agriculture as an Executive Department, 258. February 6, 1891; vacancy in head of department, how long to be temporarily filled, 265. February 8, 1894; repeal of R. S. 5520, 271. Adams. John, vote for as President or Vice President, 8, 48, 56, 62; Vice President, 9, 51; President, 57. Adams, John Quincy, Secretary of State, 89, 95; votes for, as President, 92, 100, 106; election in House of Representa- tives, 101; President, 102. Adams, Samuel, votes for, as President or Vice President, 56. Adee, Alvey A., Secretary of State ad interim, 269, 275. Agnew, D. Hayes, signs announcement of death of President Gar- field, 237. Agriculture, Department of, act making it an Executive Depart- ment, 258. Agriculture, Secretary of, act providing for, 258. Agriculture, Secretaries of, 251, 265, 271, 277, 282, 288. Akerman, Amos T., Attorney General, 190. Alexander, Ashton, certifies death of President Harrison, 124. Alger, Russell A., Secretary of War, 276. Amendments to Constitution: Article XH, 68; Article XIV, 184; Article XV, 193. Anderson, Samuel J., Secretary of War ad interim, 151. Anthony, Henry B., present at inauguration of President Arthur, 241. Appendix, 289. Appointment, President's power of, 3. Armstrong, James, votes for, as President or Vice President, 8. Armstrong, John, Secretary of War, 77, 84. Arthur, Chester A., votes for, as Vice President, 234; Vice Presi- dent, 235; notified of death of President Garfield, 240; Reply to notice of death of President Garfield, 240; his oath as President, and inauguration, 240, 241; President, 243. Articles of Confederation, 295. Ashton, J. Hubley, acting Attorney General, 178, 190. Atchison, David R., President pro tempore of Senate, 150, 155. Attorney Gen3ral, act providing for, 27; his term of office, 179; to be head of Department of Justice, 193; to act as Presi- dent in certain cases, 251; vacancy (see vacancy). Attorneys General, 9, 52, 58, 65, 73, 78, 85, 90, 95, 103, 108, 114, 119, 123, 132, 137, 138, 145, 151, 156, 160, 166, 171, 178, 190, 204, 222, 235, 236, 244, 250, 264, 270, 276, 281, 287. Badger, George E., Secretary of Navy, 124, 132. Bancroft, George, Secretary of Navy, 138. Banks, Nathaniel P., votes for, as Vice President, 202. Barbour, James, Secretary of War, 102. Barry, William T., Postmaster General, 108, 114. Index 335 Bates, Edward, confirmed and declined as Secretary of War, 150; Attorney General, 166. Bayard, Thomas F., member of committee to provide for counting electoral vote, 211; member of Electoral Commission, 212; President pro tempore of Senate, 243; Secretary of State, 249, 263. Beale, Edward F., present at inauguration of President Arthur, 241. Beall, Mr., carries notice of death of President Harrison to Vice President Tyler, 128. Belknap, William W., Secretary of War, 190, 203, 204. Bell, John, Secretary of War, 123, 131; certifies death of President Harrison, 124; notifies "Vice President Tyler of death, 128; votes for, as President, 164. Berrien, John M., Attorney General, 108. Bibb, George M., Secretary of Treasury, 131, 137. Bissell, Wilson S., Postmaster General, 270. Black, Jeremiah S., Secretary of State, 159, 165; Attorney Gen- eral, 160. Blaine, James G., Secretary of State, 235, 243, 263; votes for, as President, 248. Blair, Francis P., Jr., votes for, as Vice President, 188. Blair, Francis P., Sr., present at inauguration of President John- son, 175. Blair, Henry W., present at inauguration of President Arthur, 241. Blair, Montgomery, Postmaster General, 166; present at inaugura- tion of President Johnson, 175. Bliss, Cornelius N., present at inauguration of President Arthur, 241; Secretary of Interior, 277. Bliss, D. W., signs announcement of death of President Garfield. 237. Borie, Adolph E., Secretary of Navy, 191. Boutwell, George S., Secretary of Treasury, 189, 203. Boyle, John, Secretary of Navy ad interim, 109. Bradford, William, Attorney General, 52. Bradley, Joseph P., member of Electoral Commission, 212. Brady, John R., Administers oath to President Arthur, 240. Bramlette, Thomas E., votes for, as Vice President, 202. Branch, John, Secretary of Navy, 109. Breckenridge, John, Attorney General, 73. Breckinridge, John C, votes for, as Vice President, 158; Vice President, 159; votes for, as President, 164. Brent, Daniel, Secretary of State ad interim, 102. Brewster, Benjamin H., Attorney General, 244, 250. Bright, .Tesse D., President pro tempore of Senate, 155. Bristow, Benjamin H., Secretary of Treasury, 203; nominated Attorney General, 204. Brown, Aaron V., Postmaster General, 161. Brown, B. Gratz, votes for, as President, 202; votes for, as Vice President, 202. Browning, Orville H., Attorney General ad interim, 178; Secre- tary of Interior, 179. Bryan, William J., votes for, as President, 274, 280. Buchanan, James, Secretary of State, 137, 145; votes for, as Presi- dent, 158; President, 159. 336 Index Burr, Aaron, votes for, as President or Vice President, 48, 56, 62; Vice President, 64. Butler, Benjamin F., Secretary of War ad interim, 114, 119; Attorney General, 114, 119. Butler, W. O., votes for, as Vice President, 144. Cabinet, opinion of, as to oath of President Washington on re- election, 48. Cabinets: of Washington, 9, 51; John Adams, 57; Jefferson, 64, 73; Madison, 77, 83; Monroe, 89, 95; J. Q. Adams, 102; Jackson, 107, 113; Van Buren, 119; W. H. Harrison, 123; Tyler, 130; Polk, 137; Taylor, 145; Fillmore, 150; Pierce, 155; Buchanan, 159; Lincoln, 165, 171; Johnson, 177; Grant, 189, 203; Hayes, 221; Garfield, 235; Arthur, 243; Cleveland, 249; Benjamin Harrison, 263; Cleveland, 269; McKinley, 275, 281; Roosevelt, 287. Cabot, George, appointed and declined Secretary of Navy, 58. Calhoun, John C, Secretary of War, 89, 95; Secretary of Navy ad interim, 90; votes for, as Vice President, 100, 106; Vice President, 102, 107; his resignation as Vice President, 109; Secretary of State, 130, 137. Cameron, James D., Secretary of War, 204, 221. Cameron, Simon, Secretary of War, 166. Campbell, George W., Secretary of Treasury, 83. Campbell, James, Postmaster General, 156, 160. Carey, Mr. and Mrs., present when President Roosevelt took oath, 285. Carlisle, John G., Secretary of Treasury, 269, 275. Carroll, Charles, on Senate Committee to prepare answer to Presi- dent Washington's speech, 17. Carroll, William Thomas, certifies death of President Harrison, 124. Cass, Lewis, Secretary of War, 108, 114; votes for, as President, 144; President pro tempore of Senate, 155; Secretary of State, 159. Chambers, John, certifies death of President Harrison, 124. Chandler, William E., Secretary of Navy, 245, 250. Chandler, Zachariah, Secretary of Interior, 206, 223. Chase, Salmon P., Secretary of Treasury, 165; administers oath to President Johnson, 175. Clay, Henry, votes for, as President, 100, 112, 136; votes for, as Vice President, 100; Secretary of State, 102. Clayton, John M., Secretary of State, 145, 150; notifies Vice President Fillmore of death of President Taylor, 148; Fill- more's reply to, 148. Cleveland, Grover, votes for, as President, 248, 272, 268; Presi- dent, 249, 269. Clifford, Nathan, Attorney General, 138; President of Electoral Cocimission, 212. Clinton, De Witt, votes for, as President, 82. Clinton, George, votes for, as President or Vice President, 8, 48, 56; votes for, as Vice President, 72, 76; Vice President, 73, 77; votes for, as President, 76. Cobb, Howell, Secretary of the Treasury, 159. Colfax, Schuyler, votes for, as Vice President, 188; Vice Presi- dent, 189. Index 337 Collamer, Jacob, Postmaster General, 146, 151; notifies Vice Presi- dent Fillmore of death of President Taylor, 148; Fill- more's reply to, 148. Colman, Norman J., Secretary of Agriculture, 251, 265. Colquitt, Alfred H., votes for, as Vice President, 202. Conant, Charles F., Secretary of Treasury ad interim, 203. Conkling, Roscoe, member of Committee to provide for counting electoral vote, 211. Conrad, Charles M., Secretary of State ad interim, 150; Secretary of AVar, 151, 155. Constitution, date of adoption and ratification of, 4. When to go into effect, 5. Article II. The Executive, 1. President and Vice President to hold office for four years, 1. How to be elected, 1. Who are eligible,2. Vacancy provided for, 2. Compensation, 2. President's oath of office, 3. His duties, 3. His powers, 3. Further duties, 3. How removed from office, 4. Article VI. Oath to be taken by officers, 4. Article XII. Election of President and Vice President. To be voted for separately, 68. Article XIV. Rights of citizens, 184. Article XV. Rights not to be abridged, 193. Text of, in full, 306. Coon, Charles E., Secretary of Treasury ad interim, 243. Cooper, Samuel, Secretary of War ad interim, 155, 160. Cortelyou, George B., present when President Roosevelt took oath, 285. Corwin, Thomas, Secretary of Treasury, 150, 155. Coupland, David O., certifies death of President Harrison, 124. Cowen, Benjamin R., Secretary of Interior ad, interim, 245. Cox, Jacob D., Secretary of Interior, 191. Cranch, William, administers oath to President Tyler, 129; ad- ministers oath to President Fillmore, 149. Crawford, George W., Secretary of War, 145, 150; notifies Vice President Fillmore of death of President Taylor, 148; Fillmore's reply to, 148. Crawford, William H., President pro tempore of Senate, 77; Secre- tary of Treasury, 84, 89, 95; Secretary of War, 84; votes for, as President, 100; votes for, in House of Represen- tatives, 101. Creswell, John A. J., Postmaster General, 190, 205. Crittenden, John J., Attorney General, 123, 132, 151, 156; certifies death of President Harrison, 124; notifies Vice President Tyler of death, 128. Crowninshield, Benjamin W., Secretary of Navy, 85, 90. Crowninshield, Jacob, appointed and declined Secretary of Navy, 66. Gushing, Caleb, nominated and rejected as Secretary of Treasury, 131; Attorney General, 156, 160. Gushing, William, to administer oath to President, 49. 338 Index "Dallas, Alexander J., Secretary of Treasury, 83; Secretary of War ad interim, 84. Dallas, George M., votes for, as Vice President, 136; Vice Presi- dent, 137. Daniel, Peter V., commissioned and declined Attorney General, 114. Davis, David, votes for, as President, 202; President pro tewupore of Senate, 243. Davis, Jefferson, Secretary of War, 155. Dawes, Henry L., present at inauguration of President Arthur, 241. Day, William R., Secretary of State, 275. Dayton, William L., votes for, as Vice President, 158. Dearborn, Henry, Secretary of War, 64, 73; Secretary of Navy ad interim, 65; nominated Secretary of War, 84. Death of President Harrison, those present at, 124. Official announcement of, 125. Notification to Vice President Tyler, 128. Of President Taylor, notification of, to Vice President Fill- more, 148. Of President Lincoln, notification of, to Vice President John- son, 174. Of President Garfield, announcement of, 236. Notification to Vice President Arthur, 240. Of President McKinley, 284. Notification of, to Vice President Roosevelt, 284. Proclamation of, 285. Declaration of Independence, 290. Delano, Columbus, Secretary of Interior, 191, 205. Dennison, William, Postmaster General, 166, 171, 178; notifies Vice President Johnson of death of President Lincoln, 174. Departments, vacancies in heads of, who may act and for how long. (See vacancy.) Depew, Chauncey M., present when President Roosevelt took oath, 285. Derrick, William S., Secretary of State ad interim, 130. Devens, Charles, Attorney General, 222, 235. Dexter, Samuel, Secretary of State pro hac vice, 57; Secretary of Treasury, 57, 64; Secretary of War, 58. Dickerson, Mahlon, Secretary of Navy, 115, 120. Dickins, Asbury, Secretary of Treasury, ad interim, 107. Dickinson, Don M., Postmaster General, 250, 264. Dix, John A., Secretary of Treasury, 160, 165. Dobbin, Jam^s C, Secretary of Navy, 156, 161. Donelson, Andrew J., votes for, as Vice President, 158. Douglas, Stephen A., votes for, as President, 164. Duane, William J., Secretary of Treasury, 113. Eaton, John H., Secretary of War, 108. Edmunds, George P., member of committee to provide for count- ing of electoral vote, 211; member of Electoral Commis- sion, 211; President j.ro tempore of Senate, 243. Election of President and Vice President, the Constitution, Article II., sees. 1 to 4, 1; act of March 1, 1792, 42; Index 339 Election of President and Vice President, in House of Representatives, 62, 101; act of March 26, 1804, 66; the Constitution, Article XII., 68; act of January 23. 1845, 133; act of January 29, 1877, 212; act of February 3, 1887, 252; act of October 19, 1888, 258. Electoral Commission, origin and members of, 211; act providing for, 212; message of President Grant, accompanying the act, 218. Electors, how appointed, 1; when to be appointed, etc., 133, 199, 223, 258; Revised Statutes concerning, 223 to 226. Blkins, Stephen B., Secretary of War, 264, 269. Ellmaker, Amos, votes for, as Vice President, 112. Ellsworth, Oliver, votes for, as President or Vice President, 56. Endicott, William C, Secretary of War, 249, 264. English, William H., votes for, as Vice President, 234. Brrett, Russell, present at inauguration of President Arthur, 241. Eustis, William, Secretary of War, 77. Evarts, William M., Attorney General, 178, 190; Secretary of State, 221, 235. Everett, Edward, Secretary of State, 150; votes for, as Vice President, 164. Ewing, Thomas, Secretary of Treasury, 123, 130; certifies death of President Harrison, 124; notifies Vice President Tyler of death, 128; Secretary of Interior, 146, 152; notifies Vice President Fillmore of death of President Taylor, 148; Fillmore's reply to, 148. Ewing, Thomas, Sr., nominated Secretary of War, 177. Executive Department, vacancy in head of, who may act. (See vacancy.) Executive officers to be bound by oath or affirmation, 4. Executive power, where vested, 1; when it is suspended, 93. Fairchild, Charles S., Seeretary of Treasury, 249, 263. Farnsworth, General, present at inauguration of President John- son, 175. Faxon, William, Secretary of Navy ad interim, 191. Ferry, Thomas W., President pro tempore of Senate, 203. Fessenden, William P., Secretary of Treasury, 165. Field, James G., votes for, as Vice President, 268. Field, Stephen J., member of Electoral Commission, 212. Fillmore, Millard, votee for, as Vice President, 144; Vice Presi- dent, 145; notified of death of President Taylor, 148; his reply, 148; announces death to Senate and House of Representatives, 149; takes oath as President, 149; Presi- dent, 150; votes for, as President, 158. Fish, Hamilton, Secretary of State, 189, 203, 221. Floyd, John, votes for, as President, 112. Floyd, John B., Secretary of War, 160. Folger, Charles J., Secretary of Treasury, 243. Foot, Solomon, present at inauguration of President Johnson, 175. Foreign Affairs, act establishing Department of, 19. Forsyth, John, Secretary of State, 113, 119. Forward, Walter, Secretary of Treasury, 130. 340 Index Foster, Charles, Secretary of Treasury, 263, 269. Foster, John W., Secretary of State, 263. Foster, Lafayette S., President pro tempore of Senate, 177. Francis, David R., Secretary of Interior, 271, 277. Frelinghuysen, Frederick T., member of committee to provide for counting electoral vote, 211; member of Electoral Commission, 212; Secretary of State, 243, 249. Frelinghuysen, Theodore, votes for, as Vice President, 136. Fremont, John C, votes for, as President, 158. French, Henry F., Secretary of Treasury ad interim, 235, 243. Frye, William P., President pro tempore of Senate, 275, 287. Gage, Lyman J., Secretary of Treasury, 275, 281, 287. Gaillard, John, President pro tempore of Senate, 83. Gallatin, Albert, Secretary of Treasury, 64, 73, 77, 83. Garfield, James A., member of Electoral Commission, 212; votes for, as President, 234; President, 235; his death, 236. Garland, Augustus H., present at inauguration of President Arthur, 241; Attorney General, 250, 264. Gary, James A., Postmaster General, 276. Gerry, Elbridge, votes for, as Vice President, 82; Vice President, 83. Gilmer, Thomas W., Secretary of Navy, 133. Gilpin, Henry D., Attorney General, 119. Goddard, Daniel C, Secretary of Interior ad interim, 152. Goff, Nathan, Jr., Secretary of Navy, 222, 236. Goldsborough, Charles W., Secretary of Navy ad interim, 78. Graham, George, Secretary of War ad interim, 84, 89. Graham, John, Secretary of State ad interim, 89. Graham, William A., Secretary of Navy, 152; votes for, as Vice President, 154. Granger, Francis, votes for, as Vice President, 118; Postmaster General, 123, 132; certifies death of President Harrison, 124; notifies Vice President Tyler of death, 128. Granger, Gideon, Postmaster General, 65, 73, 78, 85. Grant, Lewis A., Secretary of War ad interim, 264. Grant, Ulysses S., Secretary of War ad interim. 111; votes for, as President, 188, 202; President, 189, 203; sends nies- sage with Electoral Commission Act, 218; present at inauguration of President Arthur, 241. Greeley, Horace, votes for, as President, 202. Green, James S., nominated and rejected as Secretary of Treas- ury, 131. Gresham, Walter Q., Secretary of Treasury, 243; Postmaster Gen- eral, 245; Secretary of State, 269. Griggs, John W., Attorney General, 276, 281. Griswold, Roger, appointed and declined Secretary of War, 58. Groesbeck, William S., votes for, as Vice President, 202. Grundy, Felix, Attorney General, 119. Guthrie, James, Secretary of Treasury, 155, 159. Habersham, Joseph, Postmaster General, 52, 58, 65. Haight, Albert, present when President Roosevelt took oath, 285. Hale, Eugene, present at inauguration of President Arthur, 241. Hale, John P., present at inauguration of President Johnson, 175. Hall, Nathan K., Postmaster General, 151. Index 341 Hamilton, Alexander, Secretary of Treasury, 9, 51; opinion as to qualification of President for second term, 49. Hamilton, Prank H., signs announcement of death of President Garfield, 237. Hamilton, James A., Secretary of State ad interim, 107. Hamilton, Paul, Secretary of Navy, 78. Hamlin, Hannibal, votes lor, as Vice President, 164; Vice Presi- dent, 165. Hancock, John, votes for, as President or Vice President, 8. Hancock, Winfield S., votes for, as President, 234. Harlan, James, nominated and confirmed Secretary of Interior, 172; Secretary of Interior, 179. Harlan, John M., present at inauguration of President Arthur, 241. Harmon, Judson, Attorney General, 270, 276. Harper, Robert G., votes for, as Vice President, 88, 92. Harrington, George, Secretary of Treasury ad interim, 165, 171. Harris, Carey A., Secretary of War ad interim, 114. Harrison, Benjamin, votes for, as President, 262, 268; President, 263. Harrison, R. H., votes for, as President or Vice President, 8. Harrison, William Henry, votes for, as President, 118, 122; Presi- dent, 123; his death, 124. Hartley, John F., Secretary of Treasury ad interim, 189. Hatton, Frank, Postmaster General ad interim,, 244, 245; Post- master General, 245, 250. Hawley, William, certifies death of President Harrison, 124. Hay, Charles, Secretary of Navy ad interim, 108. Hay, John, Secretary of State, 275, 281, 287; notifies Vice Presi- dent Roosevelt of President McKinley's death, 284. Hayes, Rutherford B., votes for, as President, 210; decision by Electoral Commission, 212; President, 221; present at Inauguration of President Arthur, 241. Hazel, John R., administers oath to President Roosevelt, 284. Hendricks, Thomas A., votes for, as President, 202; votes for, as Vice President, 210, 248; decision by Electoral Commis- sion, 212; Vice President, 249. Henry, John, votes for, as President or Vice President, 56. Henshaw, David, Secretary of Navy, 133. Herbert, Hilary A., Secretary of Navy, 270, 277. Hewitt, Abram S., member of committee to provide for counting electoral vote, 211. Hiscock, Frank, present at inauguration of President Arthur, 241. Hitchcock, Ethan A., Secretary of Interior, 277, 282, 288; present when President Roosevelt took oath, 285. Hoar, Ebenezer R., Attorney General, 190. Hoar, George F., member of committee to provide for counting electoral vote, 211; member of Electoral Commission, 212. Hobart, Garret A., votes for, as Vice President, 274; Vice Presi- dent, 275. Hobble, Selah R., Postmaster General ad interim, 123, 132, 146. Holt, Joseph, Secretary of War, 160, 165; Postmaster General, 161; commissioned and declined as Attorney General, 166. Homans, Benjamin, Secretary of Navy, ad interim, 85. House of Representatives, election of President and Vice presi- dent in, 62, 101. Howard, John E., votes for, a^ Vice President, 88, 342 Index Howe, Timothy 0., Postmaster General, 244. Hubbard, Samuel D., Postmaster General, 151, 156. Hunt, William H, Secretary of Navy, 236, 245; notifies Vice President Arthur of death of President Garfield, 240. Hunter, A., certifies death of President Harrison, 124. Hunter, William, Secretary of State, ad interim, 155, 159. Huntingdon, Samuel, votes for, as President or Vice President, 8. Hunton, Eppa, member of committee to provide for counting electoral vote, 211; member of Electoral Commission, 212. Ingalls, John J., President pro tempore of Senate, 249. Ingersoll, Jared, votes for, as Vice President, 82. Ingham, Samuel D., Secretary of Treasury, 107. Interior Department, act establishing, 139. Interior, Se3retary of, act providing for, 139; his term of office, 179, 191; to act as President in certain cases, 252; vacancy. (See vacancy.) Interior, Secretaries of, 146, 152, 156, 161, 167, 172, 179, 191, 205, 206, 223, 236, 245, 250, 251, 265, 271, 277, 282, 288. Iredell, James, votes for, as President or Vice President, 56. Jackson, Andrew, votes for, as President, 100, 106, 112; votes for, as Vice President, 100; votes for, in House of Repre- sentatives, 101; President, 107, 113. James, Thomas L., Postmaster General, 236, 244; notifies Vice President Arthur of death of President Garfield, 240. Jay, John, votes for, as President or Vice President, 8, 56, 62; Acting Secretary of State, 9. Jeffers, William, present when President Roosevelt too oath, 285. Jefferson, Thomas, Secretary of State, 9, 51; votes for, as Presi- dent or Vice President, 48, 56, 62; opinion as to qualifica- tion of President for second term, 49; Vice President, 57; election as President in House of Representatives, 62; President, 64, 73; votes for, as President, 72. Jenkins, Charles J., votes for, as President, 202. Jewell, Marshall, Postmaster General, 205. Johnson, Andrew, votes for, as Vice President, 170; Vice Presi- dent, 171; notified of death of President Lincoln, 174; takes oath as President, 174; his address, 175; text of his oath, 176; President, 177. Johnson, Cave, Postmaster General, 138, 146. Johnson, Herschel V., votes for, as Vice President, 164. Johnson, Reverdy, Secretary of War ad interim, 145; Attorney General, 146, 151; Fillmore's reply to notice of President Taylor's death, 148. Johnson, Richard M., votes for, as Vice President, 118, 122; Vice Presid-nt, 119. Johnson, William S., on Senate Committee to prepare answer to President's speech, 17. Johnston, Samuel, votes for, as President or Vice President, 56. Jones, Charles W., present at inauguration of President Arthur, 241. Jones, John P., present at inauguration of President Arthur, 241. Jones, William, Secretary of Navy, 78, 85; Secretary of Treasury ad interim, 83. Joslyn, Merritt L., Secretary of Interior ad interim, 250. Index 343 Journals of Congress; when new government to commence, 5. Julian, George W., votes for, as Vice President, 202. Justice, Department of, act establishing, 193, 237. Kelly, Moses, Secretary of Interior ad interiiu, 161, 167. Kendall, Amos, Postmaster General, 114, 120. Kennedy, John P., Secretary of Navy, 152, 156. Kernan, Francis, member of Electoral Commission, 212. Key, David M., Postmaster General, 222. King, Horatio, Postmaster General ad interim, 161; Postmaster General, 161, 166. King, Rufus, votes for, as Vice President, 72, 76; votes for, as President, 88. King, William R., President pro temiiore of Senate, 150; votes for, as Vice President, 154; Vice President, 155. Kirkwood, Samuel J., Secretary of Interior,- 236, 245; notifies Vice President Arthur of death of President Garfield, 240. Knox, Henry, Secretary of War, 9, 51; opinion as to qualification of President for second term, 49. Knox, Philander C, Attorney General, 281, 287. Lamar, Lucius Q. C, Secretary of Interior, 251. Lamont, Daniel S., Secretary of War, 270, 275. Lane, Joseph, votes for, as Vice President, 164. Langdon, John, votes for, as Vice President, 76. Lea, Albert M., Secretary of War ad interim, 131. Lee, Charles, Attorney General, 52, 58; Secretary of State ad interim, 57. Lee, Henry, votes for, as Vice President, 112. Lee, Richard Henry, reports to Senate for committee on recep- tion, etc., of President, 11. Legare, Hugh S., Secretary of State ad interim, 130; Attorney General, 132. Lincoln, Abraham, votes for, as President, 164, 170; President, 165, 171; his death, 174. Lincoln, Benjamin, votes for, as President or Vice President, 8. Lincoln, Levi, Secretary of State ad interim, 64; Attorney Gen- eral, 65. Lincoln, Robert T., Secretary of War, 235, 244, 249. Livingston, Edward, Secretary of State, 107, 113. Loeb, William, Jr., present when President Roosevelt took oath, 285. Logan, John A., member of committee to provide for counting electoral vote, 211; unable to serve, 211; votes for, as Vice President, 248. Long, John D., Secretary of Navy, 277, 282, 288; present when President Roosevelt took oath, 285. McClellan, George B., votes for, as President, 170. McClelland, Robert, Secretary of Interior, 156, 161. McCook, Anson G., present at inauguration of President Arthur, 241. McCraiT, George W., member of committee to provide for count- ing electoral vote, 211; Secretary of War, 221. McCulloch, Hugh, Secretary of Treasury, 171, 177, 189, 244, 249; notifies Vice President Johnson of death of President Lincoln, 174. S. Doc. 196, 58-3—05 23 344 Index McHenry, James, Secretary of War, 52, 58. McKenna;, JoseiJh, Attorney General, 276. McKennan, Thomas M. T., Secretary of Interior, 152. McKinley William, votes for, as President, 274, 280; President, 275, 281; his death, 284; President Roosevelt's proclama- tion, 285. McLane, Louis, Secretary of Treasury, 107, 113; Secretary of State, 113. McLean, John, Postmaster General, 95, 103, 108; appointed and declined Secretary of War, 131. Mac Veagh, Wayne, Attorney General, 236, 244; notifies Vice Pres- ident Arthur of death of President Garfield, 240. Machen, Willis B., votes for, as Vice President, 202. Macon, Nathaniel, votes for, as Vice President, 100. Madison, James, Secretary of State, 64, 73; votes for, as Presi- dent, 76, 82; votes for, as Vice President, 76; President, 77, 83. Mangum, Willie P., votes for, as President, 118; President ino tempore of Senate, 130. Mann, Matthew D., present when President Roosevelt took oath, 285. Manning, Daniel, Secretary of Treasury, 249. Marcy, William L., Secretary of War, 137, 145; Secretary of State, 155, 159. Marshall, James W., Postmaster General, 205. Marshall, John, Secretary of State, 57; declines Secretary of War, 58; Secretary of State ad interim. 64; votes for, as Vice President, 88; opinion when President should take oath when March 4 falls upon Sunday, 93. Martin, J. L., Secretary of State acl interirii, 123. Mason, James M., President pro tempore of Senate, 155. Mason, John Y., Secretary of Navy, 133, 138, 146; Attorney Gen- eral, 138. Matthews, Stanley, present at inauguration of President Arthur, 241. Maynard, Horace, Postmaster General, 222, 236. Meigs, Return J., Jr., Postmaster General, 85, 90, 95. Meredith, William M., Secretary of Treasury, 145, 150; notifies Vice President Fillmore of death of President Taylor, 148; Fillmore's reply, 148. Message of President Grant accompanying act of January 29, 1877 218. Milburn, John G. (Mr. and Mrs.), present when President Roose- velt took oath, 285. Miller, Samuel F., member of Electoral Commission, 212. Miller, Thomas, certifies death of President Harrison, 124. Miller, William H. H., Attorney General, 264, 270. Milton, John, votes for, as President or Vice President, 8. Monroe, James, votes for, as Vice President, 76; Secretary of State, 77, 83; Secretary of War ad interim, 77, 84; Secre- tary of War, 84; votes for, as President, 88, 92; Presi- dent, 89, 95; announcement of votes for, as President, 93; counting electoral vote for, in 1821, 93. Moody, William H., Secretary of Navy, 288.' Morgan, Edwin D., nominated and declined Secretary of Treas- ury, 165; confirmed and declined Secretary of Treasury, Index 345 Morrill, Lot M., Secretary of Treasury. 203, 221. Morton, Julius Sterling, Secretary of Agriculture, 271, 277. Morton, Levi P., votes for, as Vice President, 262; Vice President, 263. Morton, Oliver P., member of committee to provide for counting electoral vote, 211; member of Electoral Commission, 212. Muldrow, Henry L., Secretai-y of Interior ad interim, 251. Navy Department, act establishing, 59, 238. Navy, Secretary of, act providing for, 59; his term of office, 179, 191; '.o act as President in certain cases, 252; vacancy. (See vacancy.) Navy, Secretaries of, 58, 65, 73, 78, 85, 90, 96, 103, 108, 109, 115, 120 124 132, 133, 138, 146, 151, 152, 156, 161, 167, 171, 178, 191, 205, 222, 236, 245,- 250, 264, 270, 277, 282, 288. Nelson, John, Secretary of State ad interim, 130; Attorney Gen- eral, 132, 137. Nettleton, Allured B., Secretary of Treasury ad interim, 263. Niles, John M., Postmaster General, 120. Noble, John W., Secretary of Interior, 265, 271. Oath of Office, form of, for President, 3; time, place, and manner of administering to Washington, 10, 11; ceremony of administering, to Washington, 11; opinion of cabinet as to, on reelection, 1793, 48; opinion of Chief Justice Mar- shall as to when it should be taken when March 4 falls on Sunday, 93; of President Tyler, the circumstances, 128; of President Fillmore, the circumstances, 149; of President Johnson, the circumstances, 174; of President Arthur, the circumstances, 240; of President Roosevelt, the circumstances, 284. Oath of office, to be taken by all officers of the United States, 4, 18; form of, 18, 246; of Postmaster General, 96, 199, 206; Revised Statutes concerning, 229, 230. OIney, Richard, Secretary of State, 269, 275; Attorney General, 270. Osgood, Samuel, Postmaster General, 9. Otto, William T., Secretary of Interior ad interiin, 191. Palmer, John M., votes for, as Vice President, 202. Parke, Roswell, present Avhen President Roosevelt took oath, 285. Parsons, Theophilus, confirmed and declined Attorney General, 58. Paterson, William, on Senate committee to prepare answer to President's speech, 17. Paulding, James K., Secretary of Navy, 120. Payne, Henry B., member of committee to provide for counting- electoral vote, 211; member of Electoral Commission, 212. Payne, Henry C, Postmaster General, 287. Pearce, James A., confirmed and declined Secretary of Interior, 152. Pendleton, George H., votes for, as Vice President, 170. Phillips, Samuel P., Attorney General ad interivi, 244. Pickering, Timothy, Postmaster General, 9, 52; Secretary of War, 51; Secretary of 'State, 51, 57. Pierce, Franklin, votes for, as President, 154; President, 155. Plerrepont, Edwards, Attorney General, 204. 346 Index Pinckney, Charles C, votes for, as President or Vice President, 56. 62; votes for, as President, 72, 76. Pinckney, Thomas, votes for, as President or Vice President, 56. Pinkney, William, Attorney General, 78, 85. Poinsett, Joel R., Secretary of War, 119. Polk, James K., votes for, as Vice President, 122; votes for, as President, 136; President, 137. Porter, James M., Secretary of War, 132. Porter, Peter B., Secretary of War, 102. Post Office, Act temporarily establishing, 26, 29; act establishing, 30; act establishing, as a Department, 199, 236. Postmaster General, his term of ofRce, 60, 78, 179, 191, 199; oath of, 96, 206; to act as President in certain cases, 251; vacancy. (See vacancy.) Postmasters General, 9, 52, 58-, 65, 73, 78, 85, 90, 95, 103, 108, 114, 120, 123, 132, 138, 146, 151, 156, 160, 161, 166, 171, 178, 190, 205, 222, 236, 244, 245, 250, 264, 270, 276, 282, 287. President, term of, 1; how to be elected, 1; who are eligible, 2; vacancy provided for, 2; compensation, 2; oath of of office, 3; his duties, 3; his powers, 3; further duties, 3; how removed from office, 4; his title, 17; when his term' begins, 27, 227; cabinet opinion as to taking oath on his reelection,' 1793, 48; election of, in House of Represen- tatives, 62, 101. Presidents, 9, 51, 57, 64, 73, 77, 83, 89, 95, 102, 107, 113, 119, 123, 130, 137, 145, 150, 155, 159, 165, 171, 177, 189, 203, 221, 235, 243, 249, 263, 269, 275, 281, 287. Presidents 2}ro tern/pore of Senate, 77, 83, 107, 130, 150, 155, 177, 203, 243, 249, 275, 287. President and Vice President, votes for, 8, 48, 56, 62, 72, 76, 82, 88, 92, 100, 106, 112, 118, 122, 136, 144, 154, 158, 164, 170, 188, 202, 210, 234, 248, 262, 2G8, 274, 280; act providing for election of, who to act when both vacant, 42; supple- mental act for election of, 66; election of. Article II. of the Constitution, 1; election of. Article XII. of the Con- stitution, 68; counting electoral vote for, in 1821, 93; election of, in House of Representatives, 62, 101; time when electors to be appointed, 133, 199; act providing for counting votes for, in 1877, 212; Revised Statutes con- cerning election of, 223 to 226; when their terms begin, 227; act providing for election of, 252, 258. Preston, William Ballard, Secretary of Navy, 146, 151; notifies Vice President Fillmore of death of President Taylor, 148; Fillmore's reply to, 148. Proctor, Redfield, Secretary of War, 264. Ramsey, Alexander, present at inauguration of President John- son, L75; Secretary of War, 221, 235; Secretary of Navy ad interim, 222. Randall, Alexander W., Postmaster General, 178. Randolph, Edmund, Attorney General, 9, 52; opinion as to qualifi- cation of President for second term, 49; Secretary of State, 51. Randolph, Philip G., Secretary of War ad interim, 108. Ransom, Matt. W., member of committee to provide for counting electoral vote, 211. Index 347 Rawlins, John A., Secretary of War, 190. Reid, Whitelaw, votes for, as Vice President, 268. Removal from office of President and Vice President and all civil officers of the United States, 4. Revised Statutes of the United States: Sees. 131 to 135,-223. Sees. 136 to 141,-224. Sees. 141 to 147,-22.5. Sees. 147 to 1.51,-226. Sees. 152, 177, and 179 to 182,-227. Sees. 199, 214, 233, 346, 347, 388, and 391,-228. Sees. 415, 437 and 1756,-229. Sees. 1757, 1758, 1759 and 1767,-230. Sees. 1768 and 1769,-231. Sees. 1770, 1771, 1772, and 5520,-232. Reynolds, John M., Secretary of Interior acl interim, 271. Richards, John K., Attorney General ad interim, 276, 281. Richardson, William A., Secretary of Treasury, 203. Robeson, George M., Secretary of Navy, 191, 205, 222; Secretary of War acl interim. 204. Rodgers, John, Secretary of Navy acl interim, 96. Rodnej^ Caesar A., Attorney General, 73, 78. Rodney, Daniel, Azotes for, as Vice President, 92. Roosevelt, Theodore, votes for, as Vice President, 280; Vice Presi- dent, 281; notified of President McKinley's death, 284; his oath as President, and remarks, 284; his proclama- tion, 285; President, 287. Root, Elihu, Secretary of War, 276, 281, 287; requests Vice Presi- dent Roosevelt to take oath as President, 284; present when oath taken, 285. Ross, James, votes for, as Vice President, 88. Rush, Richard, Attorney General, 85, 90; Secretary of State acl interim, 89; votes for, as Vice President, 92, 106; Secre- tary of Treasury, 102. Rusk, Jeremiah M., -Secretary of Agriculture, 265, 271. Rutledge, John, votes for, as President or Vice President, 8. Sanford, Nathan, votes for, as Vice President, 3 00. Sawyer, George P., present when President Roosevelt took oath, 285. Sawyer, J. D., present when President Roosevelt took oath, 285. Seatherd, John N., present when President Roosevelt took oath, 285. Seatherd, R. T., present when President Roosevelt took oath, 285. Schofield, John M., Secretary of War, 178, 189. Schurz, Carl, Secretary of Interior, 223, 236. Scott, Winfield, Secretary of War a6, interim., 150; votes for, as Presiljnt, 154. Seaton, W. W., certifies death of President Harrison, 124. Senate Journal, April 25, 27, 28, 1789, when, where, and how oath to be idministei-ed to President, 10; April 30, 1789, cere- monies at inauguration of President Washington, 11; May 14, 1789, title to be annexed to the President, 17; May 14, 1790, term of the President, when it began, 27. Sergeant, John, votes for, as Vice President, 112. Sewall, Arthur, votes for, as Vice President, 274. 348 Index Seward, William H.. Secretary of State, 165, 171, 177, 189; at- tempt to assassinate, 174. Seymour, Horatio, votes for, as President, 188 .^ ^ , ^, Sharpe, George H., present at inauguration of President Arthur, ' 241. Shaw, Leslie M.. Secretary of Treasury, 287. Shelby Isaac, appointed and declined Secretary of War, 89. Sherman, John, Secretary of Treasury, 221; present at inaugura- tion of President Arthur, 241; president pro tempore of Senate, 249; Secretary of State, 275. Sherman, William T., Secretary of War, 190; present at inaugura- tion of President Arthur, 241. Simms Jolm D., Secretary of Navy ad interim, 124, 132. Skinner, St. John B. L., Postmaster General acl interim, 190. Smith, Caleb B., Secretary of Interior, 1G7. Smith, Charles Emory, Postmaster General, 276, 282, 287; present when President Roosevelt took oath, 285. Smith, Hoke, Secretary of Interior, 271. Smith, John, Secretary of War ad interim., 73, 77. Smith, Robert, commissioned Attorney General, 65; Secretary of Navy, 65, 73, 78; Secretary of State, 77. Smith, Samuel, in charge of Navy Department, 65. Smith, William, (of Alabama) votes for, as Vice President, 118. Smith, William, (of South Carolina) votes for, as Vice Presi- dent, 106. Solicitor General, to act as Attorney General, when a vacancy, 193, 22S. Southard, Samuel L., Secretary of Navy, 96, 103; Secretary of Treasury ad interim, 102; Secretary of War ad interim, 102; President pro tempore of Senate, 130. Speed, James, Attorney General, IGC, 171, 178; notifies Vice Presi- dent Johnson of death of President Lincoln, 174. Spencer, John C, Secretary of Treasury, 131; Secretary of War, 131. Sprague, Carleton, (Mr. and Mrs.) present when President Roose- velt took oath, 285. Springer, William M., member of committee to provide for count- ing electoral vote, 211. Stanbery, Henry, Attorney General, 178; nominated and rejected as Attorney General, 178. Stanton, Edwin M.. Attorney General, 100, 166; Secretary of War, 166, 171, 177; notifies Vice President Johnson of death of President Lincoln, 174. State Department, act establishing, 24, 237. State, Secretary of, act providing for, 24, wlio may act, and how long, 46, 52; his term of office, 179, 192; to act as Presi- dent in certain cases, 251. Vacancy (see Vacancy). State, Secretaries of, 9, 51, 57, 64, 73, 77, 83, 89, 95, 102, 107, 113, 119, 123, 130, 137, 145, 150, 155, 159, 165, 171, 177, 189, 203, 221, 235, 243, 249, 263, 269, 275, 281, 287. Stevenson, Adlai E., votes for, as Vice President, 268, 280; Vice President, 269. Stewart, Alexander T., confirmed and declined Secretary of Treas- ury, 189. Stockton, Charles G., present when President Roosevelt took oath, 285. Index 319 Stockton, Lucius H., nominated Secretary of War, 58. Stoclvton, Richard, votes for, as Vice President, 92. Stoddert, Benjamin, Seci-etary of Navy, 59; Secretary of War ad interim, 58, 65. Strong, William, member of Electoral Commission, 212. Stuart, Alexander H. H., Secretary of Interior, 152, 156. Stuart, Charles E., President pro tempore of Senate, 155. Taft, Alplionso, Secretary of War, 204; Attorney General, 204, 222. Taney, Roger B., Secretary of War act interim. 108; Attorney General, 108, 114; Secretary of Treasury, 113. Taylor, Zachary, votes for, as President, 144; President, 145; his death, 148. Tazewell, L. W., votes for, as Vice President, 122. Telfair, Edward, votes for, as President or Vice President, 8. Teller, Henry M., Secretary of Interior, 245. Tenure of civil offices, act of March 2, 1867, 179; amended, act of April 5, 1869, 191; Revised Statutes concerning, 230, 231, 232; repeal of act, 257. Term of President and Vice President, 1; when it began, 27; of Postmaster General, 60, 78, 179, 191; of Secretaries of State, of Treasury, of Navy, of Interior, 179, 191. Thomas, Lorenzo, designated Secretary of War ad interim, 177. Thomas, Philip F., Secretary of Treasury, 159. Thompson, Jacob, Secretary of Interior, 161. Thompson, Richard W., Secretary of Navy, 222. Thompson, Smith, Secretary of Navy, 90, 96. Thurman, Allen G., member of committee to provide for counting electoral vote, 211; mefnber of Electoral Commission, 212; unable to attend, 212; votes for, as Vice President, 262. Tilden, Samuel J., votes for, as President, 210; decision of Elec- toral Commission, 212. Title of the President, 17. Tod, David, nominated and declined Secretary of Treasury, 165. Todd, C. S., certifies death of President Harrison, 124. Tompkins, Daniel D., votes for, as Vice President, 88, 92; Vice President, 89, 95; announcement of votes for, as Vice President, 93. Toucey, Isaac, Attorney General, 138, 145; Secretary of Treasury ml interim., 159; Secretary of Navy, 161, 167. Townsend, (Representative), present at inauguration of President Arthur, 241. Tracy, Benjamin F., Secretary of Navy, 264, 270. Treasury Department, act establishing, 21, 228. Treasury, Secretary of, act providing for, 21; his term of office, 179, 191; to act as President in certain cases, 251; vacancy. (See vacancy.) Treasury, Secretaries of, 9, 51, 57, 64, 73, 77, 83, 89, 95, 102, 107, 113, 119, 123, 130, 131, 137, 145, 150, 155, 159, 160, 165, 171, 177, 189, 203, 221, 235, 243, 244, 249, 263, 269, 275, 281, 287. Tyler, John, votes for, as Vice President, 118, 122; Vice President, 123; advised of death of President Harrison, 128; reaches Washington and takes oath as Pi'esident, 128; President, 130. Tyner, James N., Postmaster General, 205, 222. 350 , Index Ulil, Edwin F., Secretary of State ad interim, 269. Upshur, Abel P., Secretary of State, 130; Secretary of Navy, 133. Usher, John P., Secretary of Interior, 167, 172, 179; notifies Vice President Johnson of death of President Lincoln, 174. Vacancy in head of State, Treasury, or War Department, who may act 46, 52; in head of Post Office Department, who may act 'iO, 79, 96, 115, 191, 199, 270; in head of any Execu- tive Department, who may act, 167, 180, 183, 191, 227, 265; in head of Departm.ent of Justice, who may act, 193; in head of War Department, 206, 246; in Presidency, who to act, 2, 42, 66, 251. Van Buren, Martin, votes for, as Vice President, 100, 112; Secre- tary of State, 107; Vice President, 113^ votes for, as President, 118, 122; President, 119. Vice President, election of (see Election), his term, 1, 227; how to be elected, 1; his duties, 2; vacancy, 2; how removed from office, 4. Vice Presidents, 9, 51, 57, 64, 73, 77, 83, 89, 95, 102, 107, 113, 119. 123, 137, 145, 155, 159, 165, 171, 189, 203, 221, 235, 249, 263, 269, 275, 281. Vice President and President, votes for, 8, 48, 56, 62, 72, 76, 82, 88, 92, 100, 106, 112, 118, 122, 136, 144, 154, 158, 164, 170, 188, 202, 210, 234, 248, 262, 268, 274, 280. Vilas, William F., Postmaster General, 250; Secretary of Interior, 251, 265. Votes for President and Vice President, 8, 48, 56, 62, 72, 76, 82, 88, 92, 100, 106, 112, 118, 122, 136, 144, 154, 158. 164, 170. 188, 202, 210, 234, 248, 262, 268, 27.4, 280; counting of, in 1821, 93; in House of Representatives, 62, 101; counting of, in 1877, 211, 212; Revised Statutes concerning, 223 to 226. Wade, Benjamin F., President pro tempore of Senate, 177. Waite, Morrison R., administers oath to President Arthur, 241. Walker, Robert J., Secretary of Treasury, 137, 145. Wanamaker, John, Postmaster General, 264, 270. War Department, act establishing, 20, 237; Chief Clerk may sign requisitions, 206. War, Secretary of, act providing for, 20; his term of office, 179, 191; to act as President in certain cases, 251; vacancy. (See vacancy.) War, Secretaries of, 9, 51, 58, 64, 73, 77, 84, 89, 95, 102, 108, 114, 119, 123, 131, 132, 137, 145, 150, 151, 155, 160, 165, 166, 171, 177, 178, 189, 190, 203, 204, 221, 235, 244, 249, 264, 269, 270, 275, 276, 281, 287. Warrington, Lewis, Secretary of Navy ad interim. 133, 151. Washburne, Elihu B., Secretary of State, 189. Washington, George, votes for, as President or Vice President, 8, 48, 56; President, 9, 51; takes oath as President, 11; delivers inaugural address, 12; asks opinion of cabinet as to time, place, and manner of qualification as President for second term, 48. Watson, Thomas E., votes for, as Vice President, 274. Weaver, James B., votes for, as President, 268. Index 351 Webster, Daniel, votes for, as President, IIS; Secretary of State, 123, 130, 150; certifies deatli of President Harrison, 124; notifies Vice President Tyler of death, 12S. Webster, Fletcher, certifies death of President Harrison, 124; carries notice of death to Vice President Tyler, 128. Welles, Gideon, Secretary of Navy, 1C7, 171, 178; notifies Vice President Johnson of death of President Lincoln, 174. Wharton, William F., Secretary of State ad interim, 263, 269. Wheeler, William A., votes for, as Vice President, 210; decision by Electoral Commission, 212; Vice President, 221. White, Hngh Lawson, President pro tempore of Senate, 107; votes for, as President, 11 S. Whitney, William C, Secretary of Navy, 250, 264. Wickliffe, Charles A., Postmaster General, 132, 138. Wilcox, Ansley, (Mr. & Mrs.) present when President Roosevelt took oath, 285. Wilcox, (Miss) present when President Roosevelt took oath, 285. Wilkins, William, votes for, as Vice President, 112; Secretary of War, 132, 137. Willard, George, member of comnaittee to provide for connting electoral vote, 211. Williams, George H., Attorney General, 190, 204. Wilson, Henry, votes for, as Vice President, 202; Vice President, 203. Wilson, James, Secretary of Agriculture, 277, 282, 288; present when President Roosevelt took oath, 285. Wilson, William L., Postmaster General, 270, 276. Windom, William, Secretary of Treasury, 235, 243, 263; notifies Vice President Arthur of death of President Garfield, 240. Wirt, William, Attorney General, 90, 95, 103; votes for, as Presi- dent, 112. Wolcott, Oliver, Jr., Secretary of Treasury, 51, 57. Woodbury, Levi, Secretary of Navy, 109, 115; Secretary of Treas- ury, 113, 119. Yates, Richard, present at inauguration of President Johnson, 175. Young, McClintock, Secretary of Treasury ad interim, 113, 123, 130, 131, 145. O ti\ o ^ f^p