VMEUNIVERSnYUUBARV 3 9002 045543643 This book was digitized by Microsoft Corporation in cooperation with Yale University Library, 2008. You may not reproduce this digitized copy ofthe book for any purpose other than for scholarship, research, educational, or, in limited quantity, personal use. You may not distribute or provide access to this digitized copy (or modified or partial versions of it) for commercial purposes. EXECUTIVE REGISTER OF THE UNITED STATES i 789- 1 902 EXECUTIVE REGISTER OF THE UNITED STATES I 789- I 9O2 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. Z$t Bov* (gaftimore (prees THE FRIEDENWALD COMPANY BALTIMORE, MD., U.S.A. COPYRIGHT, 1903, BY ROBERT BRENT MOSHER PREFACE A complete 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 Preface 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 Vice-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. Robert Brent Mosher. 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 vi Contents PAGE Act of May 8, 1792. Vacancies in heads 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 Electoral vote 48 Opinion of Cabinet as to manner of taking oath by the President 48 His cabinet 51 Act of February 13, 1795. Vacancies in heads of State, Treasury, and War Departments. How to be filled temporarily 52 Adams' Administration, 1797 to 1801 55 Electoral vote 56 His cabinet 57 Act of April 30, 1798. Establishment of Navy Depart ment 59 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 XII 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 case 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 S7 Electoral vote 88 His cabinet 89 Contents vii PAGE Monroe's Second Administration, 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 106 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 viii Contents PAGE Fillmore's Administration, 1850 to 1853 147 His oath of office. The circumstances 148 His cabinet 150 Pierce's Administration, 1853 to 1857 153 Electoral and popular vote 154 His cabinet 155 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 165 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 171 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 PAOB 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' Administration, 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, 1S77, 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 22S Sec. 214. Establishment of Department of War 228 Sec. 2S3. 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 Cleveland's First Administration, 1885 to 1S89 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 Mapch 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 be 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, be elected as follows: ( (2) Each State shall appoint, in such Manner as the Legis lature thereof may direct, a Number 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 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 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. 1 2 Executive Register of the United States 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 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 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. 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 Reprieves 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 Recess 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 Register of the United 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 Representatives 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 Congress of the Confederation of the 21st 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, ct 2nd January, 1788. Connecticut, « 9th January, 1788. Massachusetts, ii 6th February, 1788. Maryland, it 28th April, 1788. South Carolina, (( 23d May, 1788. New Hampshire, tl 21st June, 1788. Virginia, « 26th June, 1788. New York, « 26th July, 1788. North Carolina, « 21st November, 1789. Rhode Island, a 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 ADMINISTRATION OF GEORGE WASHINGTON FIRST TERM April 30, 1789, to March 3, 1793 Executive Register of the United States fi w En g h- 1 * m fi « m i w EH 13 CO pq o O 'A h H fi o fi3 M-l < £. uH O £ «3 ^ fi O Q «ri w t-H £j 02 £ fi « aao Ph u Ph a* « O H fe H r/i Ol M fi fe EH SI O w t> H « J O pa< ¦SOJOA IBIOJ09I3 jo J9qnmx w -co • w O O if5 rH 00 ' • W oot-coocoeoot-in 3 .2 gj jq -M a. L. o 13 CO fe i— « 9 -a S © W Q |J} W5©£-SO©COe©©£- The Administration of George Washington 9 George Washington, Virginia. John Adams, Massachusetts. April 30, 1789, to March 3, 1793. Secretary 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 Jefferson, of Virginia, nominated September 25, 1789; confirmed and commissioned September 26, 1789; entered upon duties March 22, 1790, and served through remainder of the administration. Secretary of the Treasury. Alexander Hamilton, of New York, nominated, confirmed, and commissioned September 11, 1789; entered upon duties same day; served through remainder of the administration. Secretary of War. Henry 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. Attorney General. Edmund Randolph, of Virginia, nominated September 25, 1789; eonfirmed and commissioned September 26, 1789; entered upon duties February 2, 1790; served through remainder of the administration. 10 Executive Register of the United States Postmaster General. 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 Pickering, 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.] Saturday, April 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, REPORT, 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 FORMALLY received by both Houses in the Senate Chamber — That the Representative'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 Representative'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, REPORTED, That it appears to them more eligible, that the oath should be 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 Representative'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 Register 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 Chamber, to attend the Presi dent of the United States while taking the oath required by the Constitution: — Whereupon, the House of Represen tatives, preceded by their Speaker, came into the Senate Chamber, and took the seats assigned them; and the joint Committee, preceded by 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; when 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 George Washington 13 chosen with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum 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 mc, 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 by an affec 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 ERROR 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 with 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 be bound 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 George 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 affections 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 ceconomy and course of nature, an indissoluble union between virtue and happi ness, — between duty 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 PIN ALLY 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 he 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 Register of the United States influence your deliberations on the question how far the former can be more impregnably fortified, 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 on 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. G. Washington. April SO. The PRESIDENT, the Vice President, the Senate and House of Representatives, &c. then proceeded to St. Paul's Chapel, where divine service was performed by the Chap- The Administration of George Washington 17 lain of Congress, after which the PRESIDENT was recon ducted to his house, by 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.] ******* 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 OF 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 — And 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 2 18 Executive Register of the United States respectability to the OFFICE of their CHIEF MAGIS TRATE; 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 RESPECTABLE TITLE to the OFFICE of PRESIDENT of the UNITED STATES: But the Sen ate, DESIROUS of PRESERVING HARMONY with the House of Representatives, where the practice lately observed in presenting an address to the PRESIDENT was without the addition of TITLES, think it proper for the present to act in conformity with the practice of that House: — Therefore RESOLVED, that the present address be—" To the PRESIDENT 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 affirmative. [United States Statutes at Large, Vol. 1, p. 23.] June i, 17S9. Chapter 1. — An Act to regulate the Time and Manner of administering certain Oaths. constitution of the Sec. 1. Be it enacted by the Senate and (House of) Repre- . ., ar ic e . senfaftves 0j fjie jjnnRg States of America in Congress assem bled, 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 swear or affirm (as the case may be) that I will support the Constitution of the United States." ******* to ail officers of Sec. 4. And be it further enacted, That all officers ap- appointed, or to pointed, or hereafter to be appointed under the authority before tte™act! of the United States, shall, before they act in their respective offices, take the same oath or affirmation, which shall be administered by the person 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, 1789. ment, to be denominated the Department of Foreign Affairs. Section 1. Be it enacted by the Senate and House of Repre- Altered by act of sentatives of the United States of America in Congress assem- ch. 14, 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 foreign 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 0 instructions of specting foreign affairs, as the President of the United 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 clerk, 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 ease of vacancy, shall during such vacancy have the charge and custody of all records, books and papers appertaining to the said depart ment. 20 Executive Register of the United States Oath of offl.ce. 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 Sec. 4. And be it further enacted, That the Secretary for ch&?? of Foreign the Department of Foreign Affairs, to be appointed in conse- department. quence of thig aetj ghall 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 Department, to be denominated the Department of War. 1798, ch. 85. Sec. 1. Be it enacted by the Senate and House of Repre- ^ sentatives of the United States of America in Congress assem- secretarTfor the bled, That there shall be an executive department to be wa^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 such other 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 cierk, Sec. 2. And be it further enacted, That there shall be in 'the said department an inferior officer, to be appointed by The Administration of George Washington 21 the said principal officer, 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 be 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 be it further enacted, That the Secretary for secretary to take ' charge of papers, 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, 1789. Section 1. Be it enacted by the Senate and House of Repre- Department . . ~ designated. 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 oj^^^'"^ Treasury, to be deemed head of the department; a Comp- ^^^'J^^. troller, an Auditor, a Treasurer, a Register, and an Assistant to the Secretary of the Treasury, which assistant shall be appointed by the said Secretary. Sec. 2. And be 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 22 Executive Register of 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 Representatives, 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 Sec. 3. And be it further enacted, That it shall be the duty comptroller. ^ ^e Qomp^roiier £0 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 Register; 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 accounts of the several persons employed therein. He 1809, ch. 28, sec. 2. g^gj] moreover 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 Sec. 4. And be it further enacted, That it shall be the duty easurer. ^ ^e 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 Register, 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 Representatives, 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 be it further enacted, That it 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 8, 1792, decision thereon: Provided, That if any person whose ac- ' ' count shall be so audited, be dissatisfied therewith, he may Act of March 3, 1809, within six months appeal to the Comptroller against such0 settlement. Sec. 6. And be it further enacted, That it shall be the Duties of the duty of the Register 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 be it further enacted, That whenever the assistant secretary' Secretary shall be removed from office by the President of 0f reraraT&c.7 24 Executive Register 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 to the said office. Persons appointed, Sec. 8. And be it further enacted, That no person ap- to office under this t ' ? x x act, Prohibition pointed to any office instituted by this act, shall directly or is, see. i. indirectly be 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 person shall offend against any of the prohibitions of this act, e Pot the law? he shall he 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, is, 1789. Chap. XIV. — An Act to provide for the safe-keeping of the Acts, Records and Seal of the United States, and for other purposes. (Act of July 27, Section 1. Be it enacted by the Senate and House of Repre- '""'' c ' sentatives of the United States of America in Congress assem- Depaitment of bled, That the Executive department, denominated the De- £orch?ngedtopartment of Foreign Affairs, shall hereafter be denominated the departmen ^g jjepartmeilt 0f gtate, and the principal officer therein shall hereafter be called the Secretary of State. 1 duties Ithe ¦ of the The Administration of Geouge Washington 25 Sec. 2. And be it further enacted, That whenever a bill, Additional , order, resolution, or vote of the Senate and House of Repre- ESS&rf ... sentatives, having been approved and signed by the President said dePartmcnt- 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 Representatives, 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 Representative of the United States, and two Act of March 2, 1799, printed copies duly authenticated to be sent to the Executive ch- 30' Bec- 1 a°d 4- ' 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. See. 3. And be it further enacted, That the seal heretofore Seai of the used by the United States in Congress assembled, shall be, u' states' and hereby is declared to be, the seal of the United States. Sec. 4. And be it further enacted, That the said Secretary secretary to keep and shall keep the said seal, and shall make out and record, and*!^ 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 be it further enacted, That the said Secretary 1 affix the seal to all commissions. 26 Executive Register of the United States secretary to provide shall cause a seal of office to be made for the said depart- ce'ment of such device as the 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 office to be Sec. 6. And be it further enacted. That there shall be paid pai the upstates, to the Secretary, for the use of the United States, the fol lowing fees of office, by the persons requiring the services to be performed, except when they are performed for any officer of the United States, in a matter relating to the duties of his office, to wit: For making out and authenticating copies of records, ten cents for each sheet, containing one hundred words; for authenticating a copy of a record or paper under the seal of office, twenty-five cents. secretary to have cus- Sec. 7. And be it further enacted, That the said Secretary of late congress! 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 powers 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 George 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 be it further enacted, That this act shall con- Limitation. tinue in force until the end of the next session of Congress, 1791, cii. 23. j ! 1792, ch. 7. and no longer. Approved, September 22, 1789. [United States Statutes at Large, Vol. 1, p. 73.] Chap. XX. — An Act to establish the Judicial Courts of the sept. 24, 1789. United States. Section 1. Be it enacted by 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 Attorney-General 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 he 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, 1830, 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: For 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 Administration of George Washington 29 for directing the mode in which such lists shall be trans mitted, — Whereupon, Resolved, That the Senate do agree to this report. Ordered, That a message be sent to the House of Repre 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 t, 1790. time, an act intituled "An Act for ihe temporary estab lishment of the Post-Office." Be it enacted by the Senate and House of Representatives of Former act declared the United States of Am erica, in Congress assembled, That the session? MarchV61" act passed the last session of Congress, intituled " An act 1791; ch. 23. for the temporary establishment of the post-office," 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 March 3, 1791. time, an act intituled "An act for the temporary establish ment of the Post-Office." Section 1. Be it enacted by the 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- 1789, ch. w. 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 Man 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. — An Act to establish the Post-Office and Post Roads within the United States. Establishing post Section 1. Be it enacted by the Senate and House of Repre- roa s a er s ^une senia^ves 0j fog jjnne^ States of America, in Congress assem- i 94, ch. 23. yie^ That from and after the first day of June next, the following roads be established as post roads, namely: From Wisscassett in the district of Maine, to Savannah in Georgia, by the following route, to wit: Portland, Portsmouth, New- buryport, Ipswich, Salem, Boston, Worcester, Springfield, Hartford, Middletown, New Haven, Stratford, Fairfield, 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, BoAvling Green, Hanover Court House, Richmond, Petersburg, Hali fax, Tarborough, Smithfield, Fayetteville, Newbridge over Drowning creek, Cheraw Court House, Camden, Statesburg, Columbia, Cambridge and Augusta; and from thence to Savannah, and from Augusta by Washington 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 of 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 Reading 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 Roads, 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, Piseatawa, 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 Newbern, 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 32 Executive Register of the United States New York to Hartford, through Whiteplains, North Castle, Salem, Poundridge, Ridgefield, Danbury, Newtown, New Milford, Litchfield, Harrington and Farmington; from New ark or Elizabethtown, by Morristown, to Sussex Court House; from Woodbridge to Amboy; from Alexandria, by Salisbury, Leesburg, Sheperdstown, Martinsburg, Winchester, Stevens- burg, Strasburg, Woodstock, and Rockingham Court House, to Staunton; and from Richmond, 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 Chambers- burg: Provided, That the route, by which the mails are at present conveyed, shall in no ease 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 be it further enacted, That it shall and may ^forcanymB'maiibe lawful for the Postinaster.General to enter into contracts, not to eicee ^eig^t ^ a £erm n0£ exceeding eight years, for 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 Sec. 3. And be 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 Administration of George Washington 33 shall be found necessary. And he 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 be it further enacted, That the Postmaster p. m. Gen. 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 employed by him, 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 ease 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 be it further enacted, That if any person shall 3 34 Executive Register of the United States penalty on obstruct or retard the passage of the mail, or of any horse man and ncgufencl or carriage carrying the same, he shall, upon conviction for of ferrymen. eyery &ueli offencej pay a g^g not exceeding one hundred dollars. And if any ferryman shall, by wilful negligence, or refusal to transport the mail across any ferry, 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 Sec. 6. And be it further enacted, That it shall be the Previousgtomnak\ns duty of the Postmaster General, to give public notice in one coningCthe rmaTaend or more of the newspapers 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 m the comptrollers pr0p0Sa]s which he shall have received respecting the same, in the office of the comptroller of the treasury of the United States. Dep. p. m. to keep Sec. 7. And be it further enacted, That every deputy post- an office. mas^er snall keep 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 Sec. 8. And be it further enacted, That from and after the P' iiss?staantd passing 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 See. 9. And be it further enacted, That from and after the Rates of postage .cj-i » T lii-ii , , -i from 1st June 1792. nrst day ot 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 Tate of four single letters for each ounce, and in that propor tion, for any greater weight. Sec. 10. And be it further enacted, That all letters and Rates of letters and packets, passing by sea to and from the United States, or sea0. e 3 passms y 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 be it further enacted, That if any deputy Penalty on demand- postmaster, or other person authorized by the Postmaster beyond stipulated postage. 36 Executive Register of the United States General, to receive the postages of 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 Sec. 12. And be it further enacted, That no ship or vessel, making report™**!! arriving at any port within the United States, where 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 fo 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. Duty of p. m. on Sec. 13. And be it further enacted, That the postmasters receiDt of letters from foreign to whom such letters may be delivered, shall pay to the packets, &c. , r, , ' . . 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 money, 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 Sec. 14. And be it further enacted, That if any person, mgthfBaact. other 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 up 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 be it further enacted, That the deputy post- Deputies to account with P. M. G. for masters or agents of the Postmaster General, 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 -in neglecting, dollars. i Sec. 16. And be 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- Otters? &cf 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 Sec. 17. And le it further enacted, That if any person or 1 ' "' mai ' persons 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 See. 18. And be it further enacted, That the deputy post- every three months in j-i iti rjr a list of letters then masters shall, respectively, publish at the expiration of every on hand, &c. , . , . „ , _ , , . , , three months, m 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 of 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 be it further enacted, That the following let- certain letters to ters and packets, and no other, shall be received and con- 0fe postage? 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 packet 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 be it further enacted, That if any person penalty on counter- -, . , . t. , -, ¦ t f eiting the franking shall counterfeit the hand-writing of any other person, m order to evade 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. 40 Executive Register of the United States Privilege of news Sec. 21. And be it further enacted, That every printer of printers. newspapers may sen(i one paper to each and every other printer of newspapers within the United States, free of post age, under such regulations, as the Postmaster General shall provide. Newspapers how to Sec. 22. And be it further enacted, That all newspapers, e pu up or^ e conTeve(j jn ^e maih shall be under a cover open at one end, carried in separate bags 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 deputy, 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-office, shall unlawfully detain, delay, 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 Provided, That the Postmaster General, in any contract, he to carry newspapers; may enter into, for 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- Sec. 23. And be 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 postmasters 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 George Washington 41 master General shall deem a reasonable compensation 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 eighteen hun- to any one nsoo dred dollars per annum to any one postmaster for all services by him rendered. Sec. 24. And be it further enacted, That if any deputy p. m. Gen. to ,, ,, , i • -i , 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 Imd penalty"/^ accounts, and pay over to the Postmaster General, the bal-negec' 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 be 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 be it further enacted, That it shall be lawful p. m. Gen. to make for the Postmaster General, to make provision, where it may of letters sent or received by scq. 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 be it further enacted, That the deputy post- mmtia du°ty. 42 Executive Register 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. And be it further enacted, That all the surplus general post-'offlce. revenue 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 which may arise in the revenue of the said department for the year next ensuing. Former acts Sec. 29. And be it further enacted, That the act passed continued till . 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 Sec. 30. And be it further enacted, That this act shall be ' ' in force for the 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 i, 1792. Chap. VIII. — 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 offices both of President and Vice-President. March 26, 1804, Section 1. Be it enacted by the Senate and House of Repre- states how5t°o sentatives of the United States of America in Congress assem- eiecPtk>ntoef praident bled, That except in case of an election of a President and 304 VwhePnetodmeei Vice President of the United States, prior to the ordinary andvote; period 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 thousand 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 Representatives, 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 always, That where no appor tionment of Representatives 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 Representatives. Sec. 2. And be 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- pose 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 ism, ch. so, sec. 1. assemble. Sec. 3. And be 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 be 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 special messenger 0t sec. of state on to the district judge in whose custody such list shall have "? voteTP been lodged, who shall forthwith transmit the same to the seat of government. 44 Executive Register of the United States congress to be in Sec. 5. And be it further enacted, That Congress shall be Wednesday^ in session on the second Wednesday in February, one thou- Feb. 1793. gaji(j geven hundred and ninety-three, and on the second Wednesday in February succeeding every meeting of the Twelfth amendment electors, and the said certificates, or so many of them as shall of the constitution, haye been reeeivedj ghall then be opened, the votes counted, and the persons who shall fill the offices of President and Vice President ascertained and declared, agreeably to the constitution. Duty of persons Sec. 6. And be it further enacted, That in case there shall Voi votls? 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. allowance to them. Sec. 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 be 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 case Sec. 9. And be it further enacted, That in case of removal, pre°sideent and vice death, resignation or inability both of the President and president; yice 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 Represen 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 be it further enacted, That whenever the State on such event. officeg rf pregident and yice president shall both become The Administration of George Washington 45 vacant, the Secretary of State shall forthwith cause a notifi cation thereof to be 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 office 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. See. 11. And be it further enacted, 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 fo^wh™e^etam of years for which a President and Vice President shall becommenoe- 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 making alterations in the Treas- xtry and War Departments. 46 Executive Register of the United States May 8, 1792. Section 1. Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assem bled, ******* Power of the Sec. 8. And be it further enacted, That in case of the «K.9o™he°Lads of death, absence from the seat of government, or sickness of departmente? 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 authorize any person or persons at his discretion to per form the duties of the said respective offices until a successor be appointed, or until such absence or inability by sickness shall cease. Approved, May 8, 1732. THE ADMINISTRATION OF GEOKGE WASHINGTON SECOND TEEM March 4, 1793, to March 3, 1797 48 Executive Register of the United States ELECTION FOR THE SECOND TERM COMMENCING 4th MARCH, 1793, AND TERMINATING 3rd MARCH, 1797. o i> ° g H1 .2 STATES. a S.i a 3 ¦3 &" to ;** a >¦ . o . P P a 5 |e 5 g O *H XI o H 3*a o «1 6 16 493 12 7 15 38 21 4 12 New Hampshire. Massachusetts.. . Rhode Island. Connecticut Vermont New York New Jersey Pennsylvania. . . . Delaware Maryland Virginia Kentucky North Carolina. . South Carolina. . Georgia 6 16 4 9 3 12 7 15 38 21 4 12 6 16 49 3 7 14 12 1 21 12 4 132, whole number; necessary to elect, 67. 132 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. Randolph, 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.. Randolph have suggested the idea of meeting at the War Office, at nine o'clock, to morrow morning. If this is convenient and agreeable to you, 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. R. are of opinion that Mr. Cushing 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. Cushing 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. Randolph. 4 50 Executive Register 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 Administration of 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 Randolph., 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 Register of the United States Timothy Pickering, of Pennsylvania (Secretary of State), ad interim December 10, 1795, to February 5, 1796. James McHenry, of Maryland, nominated January 26, 1796; confirmed and commissioned January 27, 1796; entered upon duties February 6, 1796; served through remainder of the administration. Attorney General. Edmund Randolph, of Virginia, continued from last ad ministration; commissioned 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 War 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. i3, 1795. Chap. XXI. — An Act to amend the act intituled "An act Act of May s^rm, ma]cing alterations in the Treasury and War departments." fathfdepartolnts! Be U enacted °V ihe Senate and House of Representatives President to^ fiii 0f foe United States of America in Congress assembled, 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 be 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 ADMINISTRATION OE JOHN ADAMS March 4, 1797, to March 3, 1801 56 Executive Register of the United States ¦pn«T.&ren jo 'jfcraou trqop K o PS< s o« COsisMEH¦4 gaPS H EhQ is K o PS,a ,a «S?3S ¦a 2 a '3 * 0) L. n - 5 fl fe fe ¦35 1 a LHWo£fc>Sfi£fc!z;op1Sl> •sa^OA TBJO^oaia jo leqmn^i .a ¦* eo <* CO The Administration of John Adams 57 John Adams, Massachusetts. Thomas Jefferson, Virginia. March 4, 1797, to March 3, 1801. Secretary of State. Timothy Pickering, of Pennsylvania, continued from last administration; resignation requested May 10, 1800; he declined to resign, and was dismissed May 12, 1800. Charles Lee, of Virginia (Attorney General), ad interim May 13, 1800 to June 6, 1800. John Marshall, 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 February 4, 1801. Samuel Dexter, 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 hoc vice." John Marshall, of Virginia (Chief Justice of the United States), ad interim February 4, 1801, to March 3, 1801. Secretary of the Treasury. Oliver Wolcott, Jr., of Connecticut, continued from last administration; resigned November 8, 1800, to take ef fect December 31, 1800. Samuel Dexter, 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 Register of the United States Secretary of War. James McHenry, 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 14, 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 Griswold, 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. Secretary 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 Act to establish an Executive depart- April so, 1798. ment, to be denominated the Department of the Navy. Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be an executive department Department of the under the denomination of the Department of the Navy, avy' the chief officer of which shall be called the Secretary of the secretary of the Nav}-, whose duty it shall be to execute such orders as he Navy— hls duty- 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. See. 2. And be it further enacted, That a principal clerk He may appoint and such other clerks as he shall think necessary, shall beclerks" 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 be it further enacted, That the Secretary of He may take pos- the Navy be and he is hereby authorized and empowered, &T\™the warbooks' immediately after he shall be appointed and shall enter upon to^'de^^ntl6 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 be it further enacted, That there shall be g^y of the gecre. allowed to the Secretary of the Navy an annual salary of tary and his clerks- 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 Register 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 Sec. 5. And be it further enacted, That so much of an act, lsUDfpartment entitled "An act to establish an executive department, to be 1789? ch.e7.' 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, Section 1. Be it enacted by the Senate and House of Actoti,ilrchs!iwl\^ePresen^a^ves °f the United States of America in Congress ch. 65. assembled, That there be established at the seat of govern- Generai post-office to ment of the United States, a General Post-office, under the be established. ,.,.„_ ~, direction ot a Postmaster General. * * * * * * * in case of vacancy Provided,That in case of the death, resignation, or removal on his assistant, from office of the Postmaster 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. ******* 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 ADMINISTRATION OP THOMAS JEFFEBSON FIRST TEEM March 4, 1801, to March 3, 1805. 62 Executive Register of the United States election for the fourth term, COMMENCING 4th MARCH, 1801, AND TERMINATING 3rd MARCH, 1805. fi a S-2 3 H is 6 16 4 9 4 12 7 15 3 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. M m © a *3 s ° S° SB 8» fO to 13 Phoo 5 "H © "S a o o o EH < y-> o 6 6 16 16 4 3 9 9 4 4 12 12 7 7 8 8 7 7 3 3 5 5 5 5 21 21 4 4 8 8 4 4 3 3 8 8 4 4 73 73 65 64 o = 1-5 ELECTION OF THE PRESIDENT IN THE HOUSE OF REPRESENTATIVES. Jefferson and Burr having an equal number of electoral votes, and consequently there being no choice, the House of Representatives proceeded on February 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 Republican to vote for that state; four Federalists from Maryland put in blanks, leaving the four Republicans to vote for that state; and the votes of South Carolina and Delaware were east 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 Rhode 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. 64 Executive Register of the United States Thomas Jefferson, Virginia. Aaron 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 upon 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 Deabborn, of Massachusetts (Secretary of War), ad interim April 1, 1801, to July 17, 1801. General Samuel Smith, a member of the House of Repre 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. Robert 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. 5 66 Executive Register of the United States Jacob Crowninshield, of Massachusetts, nominated and confirmed March 2, 1805; commissioned March 3, 1805; declined, and Robert Smith continued as Secretary of the Navy. [United States Statutes at Large, Vol. II, p. 295.] March 26, 1804. Chap. L. — An Act supplementary to the act intituled "An Twelfth amendment/^ relative to the election of a President and Vice President of the upstates." 22! of the United States, and declaring ihe officer who shall act as President, in case of vacancies in the offices both of Presi dent and Vice President." Act of March l, 1792, Be it enacted by the Senate and House of Representatives ch. 8, vol 1, 239. ^ ^g 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 the 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 Thcsecretary ot Secretary of State shall forthwith cause a notification thereof 8 executives of the to be made to the executive of every state, and shall also proposed amendment ,-, ,t_ i i • i -1 - j_i j_ jt j.t_ when ratified and to cause the same to be published, in at least one ot the news- pu is e . papers printed in each state, in which the laws of the United States are annually published.* The executive authority of Transcripts of the each state shall cause a transcript of the said notification to notification tobei , ,, -i_lj_i ij_ -j.tjj_ij_ t_ delivered to the be delivered to the electors appointed lor that purpose, who f ec give thei/votes shall first thereafter meet in such state, for the election e the0amendment. 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 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 areto' be made for President, and the other, of the votes given for Vice and fonvarded-' President: they shall seal up the said certificates, certifying on each, that lists of all the votes of such 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 which this is a supplement, and which is not virtually re- fneoSent'with pealed by this act, shall extend and apply to every election to "ifCmteurended of a President and Vice President of the United States, electi0n3- made in conformity to the above-mentioned amendment to Act of March 1, the constitution of the United States. fib?11- 8' voL 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 Electors to vote be appointed in each state for the election of a President for President "and and Vice President of the United States, shall at every such according1 toW election, unless they shall have received a transcript of the art.Tf the consti- notification of the ratification of the above-mentioned ingto'the proposed amendment to the constitution, or unless they shall meet they^be'uninformed more than five days subsequent to the publication of the said the'fatfoftte ratification by the Secretary of State, in one of the news-3™61"1111611^- 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 Register of the United States And to make returns formity with the provisions of the act to which this act accordingly. . is a 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 are cates only, of votes given for President and Vice President to 06 GDl'llEMil 3.D O *H ja o Eh 7 19 46 19 8 20 9 24 14 10 65 162 Us 0> " fc, 14 Vice-Pres't. 7 19 46 19 8 20 9 2414 10 6 5 162 5 ° 14 The Administration of Thomas Jefferson 73 Thomas Jefferson, Virginia. George Clinton, New York. March 4, 1805, to March 3, 1809. Secretary of State. James Madison, of Virginia, continued from last admin istration, served to March 3, 1809; inaugurated Presi dent March 4, 1809. Secretary 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 Navy. Robert Smith, of Maryland, continued from last adminis tration; served through this administration. THE ADMINISTRATION OP JAMES MADISON FIRST TEEM March 4, 1809, to March 3, 1813 76 Executive Register of the United States ELECTION FOR THE SIXTH TERM, COMMENCING 4th MARCH, 1809, AND TERMINATING 3rd MARCH, 1813. STATES. President. Vice President. DO s o > -> a © °* © o O £2 £¦0 as D %4MSa> o O a S'8 a*- Si a o IS 1-5 i s °§«£o° 1-1 •a* (He*. 30 « 7 19 496 New Hampshire Massachusetts Rhode Island Connecticut 6 13 8 20 9 2411 10 675 3 6 7 19 49 32 3 13 8 20 9 24 1110 675 3 3 6 3 7 19 4 9 19 8 20 3 11 Delaware Maryland 32 24 14 10 6 3 7 5 3 Ohio 175, whole number; necessary to elect, 88. 122 6 47 113 3 3 9 47 The Administration of James Madison 77 James Madison, Virginia. George Clinton, New York (Died April 20, 1812). William H. Crawford, Georgia (President pro tempore of the Senate). March 4, 1809, to March 3, 1813. Secretary of State. Robert 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. 78 Executive Register of the United States Attorney General. Caesar 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 upon duties January 6, 1812; 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 14, 1809. Paul Hamilton, of South Carolina, nominated, confirmed and commissioned March 7, 1809; entered upon duties May 15, 1809; resigned December 30, 18~12; served to December 31, 1812. Charles 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, ism Chap. XXXVII. — An Act regulating the Post-office Es tablishment. Repealed by act of Be it enacted by the Senate and House of Representatives 110 ' ' c ' 4' of the United States of America in Congress assembled, 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-office master-General. The Postmaster-General shall appoint two the seat of ETOvcrnmcnt. .assistants, and such clerks as may be necessary, for perform- Duties of the ing the business Of his Office. Postmaster-General. 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. * * * * * * * See. 42. And be it further enacted, * * * * * * * * * Provided likewise, that the Postmaster-General, assistant officers of the post- Postmaster-General, deputy postmasters, contractors for car- nSTthnr o'Sc™* to rying the mail, and others employed under the aforesaid ™moved!erwi3e 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 ADMINISTRATION OF JAMES MADISON SECOND TEEM March 4, 1813, to March 3, 1817 82 Executive Register of the United States ELECTION FOR THE SEVENTH TERM, COMMENCING 4th MARCH, 1813, AND TERMINATING 3rd MARCH, 1817. STATES. President. V. President. OJo > ° £ t. o CD +- * O a - 3 H aO _; •3 'a as on £ s ¦« ba ° 1-5 a" . +3 CD £* D O fi 60* c- — ; S> 8 I as , So 5 C3 .-•a II i >> ; ce » a J a H a> Ph 8 8 25 6 25 15 11 8 12 873 8 22 4 9 29 8 4 5 12 8 25 6 25 15 11 8 12 873 7 22 Massachusetts 30 4 4 9 Connecticut 9 8 29 29 8 S 25 Pennsylvania 4 4 11 5 25 15 11 8 12 8 7 3 217, whole number; necessary to elect, 109. 128 89 131 i 6 The Administration of James Madison 83 James Madison, Virginia. Elbridge Gerry, Massachusetts (Died November 23, 1814). John Gaillard, South Carolina (President pro tempore of 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 Pennsylvania (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 Register 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 upon 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 New 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 Army), nominated March 1, 1815; nomination with drawn March 2, 1815. Alexander 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, TSiS; 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 25, 1814; served to Feb ruary 10, 1814. Richard Rush, of Pennsylvania, nominated February 8, 1814; confirmed and commissioned February 10, 1814; entered upon duties February 11, 1814; served through remainder of the administration. Postmaster General. Gideon Granger, of Connecticut, continued from last ad ministration; served to February 25, 1814. Return J. Meigs, Jr., of Ohio, nominated February 25, 1814; confirmed and commissioned March 17, 1814; entered upon duties April 11, 1814; served through re mainder of the administration. Secretary of the Navy. 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 2, 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 FIEST TEEM March 4, 1817, to March 3, 1821 88 Executive Register of the United States ELECTION FOR THE EIGHTH TERM, COMMENCING 4th MARCH, 1817, AND TERMINATING 3RD MARCH, 1821. ° 2 © -S ¦° £ 3 S S5 STATES. President a rt Is oh* 5lo<= 3I LHtH 3 O Vice President. 4=1 p. . .22; 3<4HC3 O fi til's,"I to >> CO CO ^ a lo 1-5 03 03 ¦S3 o o 22 4 9 25 3 8 2515 11 8 12 8 New Hampshire . Massachusetts. . . Rhode Island Connecticut Vermont New York New Jersey Pennsylvania. . . . Delaware Maryland Virginia North Carolina. . South Carolina. . Georgia Kentucky Tennessee Ohio Louisiana Indiana 217, whole number; necessary to elect, 109. 22 25 22 183 34 183 22 The Administration of James Monroe 89 James Monroe, Virginia. Daniel D. Tompkins, New York. March 4, 1817, to March 3, 1821. Secretary of State. John Graham (Chief Clerk), ad interim March 4, 1817, to March 10, 1817. Richard Rush, of Pennsylvania (Attorney General), ad in terim March 10, 1817, to September 22, 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 12, 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. Richard Rush, 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; recom missioned 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 T, 1819; served through remainder of the administration. THE ADMINISTRATION OF JAMES MONEOE SECOND TEEM March 5, 1821, to March 3, 1825 92 Executive Register of the United States ELECTION FOR THE NINTH TERM, COMMENCING 4th MARCH, 1821, AND TERMINATING 3RD MARCH, 1825. a s 3 W 15 4 9 8 29 8 25 4 11 251511 S 12 8 8 333 3 39 3 STATES. 235, whole number ; necessary to elect, 118. President New Hampshire Massachusetts. . Rhode Island. . . Connecticut Vermont New York New Jersey . Pennsylvania Delaware Maryland Virginia North Carolina. South Carolina. Georgia Kentucky Tennessee Ohio Louisiana Indiana Mississippi Illinois Alabama Maine Missouri 0* 231 si 1 = 1-5 Vice President. oo Eh;*fi> 3 J»5 a .03 ,3 > S'K, So 53 CD 3* ° 5 P3.3 -. CD .gfi 3tH 03 O Q The Administration of James Monroe 93 [Counting of the electoral votes, February, 1821.] The House of Representatives having rejected the Reso lution of the Senate declaring the admission of the 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 Virginia, 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 years, 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 until 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 till Monday unless some official duty should require 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 Administration of James Monroe 95 James Monroe, Virginia. Daniel D. Tompkins, New York. March 5, 1821, to March 3, 1825. Secretary of State. John Quincy Adams, of Massachusetts, continued 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. Return 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 Register 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, 1823. John Rodgers (Commodore, U. S. Navy, and President of the Board of Navy Commissioners) ad interim Septem ber 1, 1823, to September 15, 1823. Samuel 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 mainder of the administration. [United States Statutes at Large, Vol. 4, p. 102.] March 3, 1825. Chap. LXIV. — An Act to reduce into one the several acts Act of March 2, establishing and regulating the Post-office Department. Act of Juij'2, 1836, Be if enacted by the Senate and House of Representatives ch. 270, ch. 352, a i r sec. 12. of the United States of America, in Congress assembled, That Resolution of ' ' " March 2, 1837. there be established, at the seat of the government of the 1839, ch. 4. United States, a general post-office, under the direction of a Act of March 3 1845, ch. 43! Postmaster General. The Postmaster General shall appoint General post-office . , and a Postmaster tWO assistants. General provided for. * ***** * 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. ah persons Sec. 2. And be it further enacted, That the Postmaster post-office, and General, and all other persons employed in the general post- others attached to -XT. J. J J3.LI.-1 it in any way to office, or m the care, custody, or conveyance 01 the mail, take an oath before ,., . . .. , , , , . . -,,,-, entering upon the shall, previous to entering upon the duties assigned to them, office, or (in) 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 be 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.0 °e' are hereby, repealed: Provided, That the act, entitled "AnCh. 4°8. pn ' 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 Register of the United States •^3[onjn93 jo '.cCbIO AiueH ¦jpoi M.Z& jo ¦oossoungj, jo *uo83[OBf Mojpny •buitojbo hjjo^i jo 'nooBji jamraniBN •ifioi ii-ON jo 'pjojuBg UBtflBN •buiiojBO tfjnog jo 'unotrreo "0 nuor t-mCO -t-OSCOOOrHO ¦ U5 -H .fc-rH • lO lO CO CO >© C35 rH ©i CM —H -r-irH • ,— t • •j£3[on^ne3 jo •BlgjOOf) jo 'Pjojaibjo "H "m-M. ¦ \a • ¦ C1-H-* . • cs •swosnupussBre jo 'smBpv •£) nqof GO»ffl-*COfc-« • -H . COUSCOCCIia HEH El 0) 3 5 «• P t>,9 Ml 5.SS3 : •tifi ' : rt CO 03 — M CD 03 H3"3S.S+3lJ«)>P'C) -co,- - M CD f= g o § I S & Is &g"Sf S q I.Ss 3- -; ¦¦¦¦ :¦-:- cd dja a 5 j, j, g ff n.s S 3 s 3 §3 o5-2s43 3.3 S91O4.1BJO3;00ia jo j9qranN CO^-*COt-gl30CgeOrH^jgrHCft^jrHeO»0»OCOCOlfSC»CO CD c-2 SOS »§ ,3. a PhPl. The Administration of John Quincy Adams 101 On February 9, 1825, the two houses assembled in the hall of the House of Representatives and proceeded to the counting of the votes for President and Vice President. It was found that John C. Calhoun had received a majority of the whole number of votes for the Vice Presidency, and was consequently declared to have been elected Vice President of the United States for the term beginning March 4, 1825. No candidate for the Presidency having received a majority, the Senators withdrew and the House of Representatives pro ceeded to the choice of a President from the three highest. John Quincy Adams, of Massachusetts, received the votes of thirteen States, and was thus duly elected; Andrew Jackson, of Tennessee, received the votes of seven States, and Wil liam H. Crawford, of Georgia, the votes of four States. The States whose votes were cast for Adams were Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, Ver mont, New York, Maryland, Ohio, Kentucky, Illinois, Mis souri, and Louisiana; those for Andrew Jackson were New Jersey, Pennsylvania, South Carolina, Tennessee, Alabama, Mississippi, and Indiana; those for William H. Crawford were Delaware, Virginia, North Carolina, and Georgia. 102 Executive Register of the United States John Quincy Adams, Massachusetts. John C. Calhoun, South Carolina. March 4, 1825, to March 3, 1829. Secretary of State. Daniel Brent (Chief Clerk), ad interim March 4, 1825, to. March 7, 1825. Henry Clay, of Kentucky, nominated March 5, 1825; con firmed and commissioned March 7, 1825; entered upon duties same day; served to March 3, 1829, on which day he resigned. Secretary of the Treasury. Samuel L. Southard, of New Jersey (Secretary of the Navy), ad interim March 7, 1825, to July 31, 1825. Richard Rush, of Pennsylvania, nominated March 5, 1825 ; confirmed and commissioned March 7, 1825; entered upon duties August 1, 1825; served to March 3, 1829, on which day he resigned. Secretary of War. James Barbour, of Virginia, nominated March 5, 1825; confirmed and commissioned March 7, 1825; entered upon duties same day; served to May 24, 1828; commis sioned Envoy Extraordinary and Minister Plenipoten tiary to England May 23, 1828. Samuel L. Southard, of New Jersey (Secretary of the Navy), ad interim May 26, 1828, to June 19, 1828. Peter B. Porter, of New York, nominated May 24, 1828 ; confirmed and commissioned May 26, 1828; entered upon duties June 21, 1828 ; served to March 3, 1829, on which day he resigned. The Administration of John Quincy Adams 103 Attorney General. William Wirt, of Virginia, continued from last administra tion; served to March 3, 1829, on which day he resigned. Postmaster General. John McLean, of Ohio, continued from last administra tion; served through this administration. Secretary of the Navy. Samuel L. Southard, of New Jersey, continued from last administration; served to March 3, 1829, on which day he resigned. THE ADMINISTRATION OF ANDBEW JACKSON FIRST TEEM March 4, 1829, to March 3, 1833 106 Executive Register of the United States election for the eleventh term, commencing 4th march,, 1829, AND TERMINATING 3rd MARCH, 1833. STATES. President. Vice President. to o +i 0 > ° S u o CD -P ¦° s s-3H Ii i O g o 03 CD ^ •-> a «i fe a 5£ O h H a a o ¦§ < 1-5 -p CDCO3 .3 CD03 CO w £ o 03a ISdg o ° 1-5 ¦a a > CO -- 3 **> & CO Ph 3 ? § *Ph 3 O 03a ¦P 03 CO ^ s a 9 1 1 20 1 28 5 24 15 11 9 14 1116 53 5353 8 85 487 68 36 1 2028 5 24 15 11 2 14 11 16 53 5 35 3 88 15 4 8 7 16 8 3 fi 8 IS 4 8 7 36 8 38 3 11 24 15 11 9 14 7 11 16 Ohio 5 3 5 3 Illinois 5 3 261, Vfhole number; necessary to elect, 131. 178 8 3 171 83 7 Popi Plur 647,231 509 138,134 ,097 The Administration of Andrew Jackson 107 Andrew Jackson, Tennessee. John C. Calhoun, South Carolina (Resigned Dec. 28, 1832). Hugh Lawson White, Tennessee (President pro tempore of the Senate). March 4, 1829, to March 3, 1833. Secretary of State. James A. Hamilton, of New York, appointed by the Presi dent March 4, 1829, " to take charge of the Department of State and perform the duties of that office until Mr. Van Buren's arrival in this City." Served March 4, 1829, to March 27, 1829. Martin Van Buren, of New York, nominated, confirmed and commissioned March 6, 1829; entered upon duties March 28, 1829; resigned April 11, 1831; served to May 23, 1831. Edward Livingston, of Louisiana, commissioned (recess of the Senate) May 24, 1831; entered upon duties same day; nominated December 7, 1831; confirmed and re commissioned January 12, 1832; served through re mainder of the administration. Secretary of the Treasury. Samuel D. Ingham, of Pennsylvania, nominated, confirmed and commissioned March 6, 1829; entered upon duties same day; resigned April 19, 1831; served to June 20, 1831. Asbury Dickins (Chief Clerk), ad interim June 21, 1831, to August 7, 1831. Louis McLane, of Delaware, commissioned (recess of the Senate), August 8, 1831; entered upon duties same day; nominated December 7, 1831; confirmed and re commissioned January 13, 1832; served through re mainder of the administration. 108 Executive Register of the United States Secretary of War. John H. Eaton, of Tennessee, nominated, confirmed and commissioned March 9, 1829; entered upon duties same day; resigned April 7, 1831; served to June 18, 1831. Philip G. Randolph (Chief Clerk), ad interim June 20, 1831, to July 21, 1831. Roger B. Taney, of Maryland (Attorney General), ad interim July 21, 1831, to August 7, 1831. Lewis Cass, of Ohio, commissioned (recess of the Senate) August 1, 1831; entered upon duties August 8, 1831; nominated December 7, 1831; confirmed and recommis sioned December 30, 1831; served through remainder of the administration. Attorney General. John M. Berrien, of Georgia, nominated, confirmed and commissioned March 9, 1829; entered upon duties same day; resigned June 15, 1831; served to June 22, 1831. Roger B. Taney, of Maryland, commissioned (recess of the Senate) July 20, 1831; entered upon duties same day; nominated December 7, 1831; confirmed and recom missioned December 27, 1831 ; served through remainder of the administration. Postmaster General. John McLean, of Ohio, continued from last administra tion; served to March 9, 1829; appointed Associate Jus tice of the Supreme Court of the United States March 7, 1829. IWilliam T. Barry, of Kentucky, nominated, confirmed and commissioned March 9, 1829 ; entered upon duties April 6, 1829 ; served through remainder of the administration. Secretary of the Navy. Charles Hay (Chief Clerk), ad interim March 4, 1829, to March 9, 1829. The Administration of Andrew Jackson 109 John Branch, of North Carolina, nominated, confirmed and commissioned March 9, 1829 ; entered upon duties same day; resigned April 19, 1831; served to May 12, 1831. John Boyle (Chief Clerk), ad interim May 12, 1831, to May 23, 1831. Levi Woodbury, of New Hampshire, commissioned (recess of the Senate) May 23, 1831; entered upon duties same day; nominated December 7, 1831; confirmed and re commissioned December 27, 1831; served through re mainder of the administration. [Resignation of Vice President Calhoun.] Columbia S°. Carolina 28tn. Deer 1832 Sir, Having concluded to accept of a seat in the Senate, to which I have been elected by the Legislature of this State, I herewith resign the office of Vice President of the United States. Very respectfully Your ob ser'. J. C. Calhoun Hon H. Livingston, Secy of State. [Calhoun made the curious mistake of addressing Edward Liv ingston as "H." Livingston. Original in Bureau of Appoint ments, Department of State.] THE ADMINISTRATION OF ANDEEW JACKSON SECOND TEEM March 4, 1833 to March 3, 1837 112 Executive Register of the United States election for the twelfth term, COMMENCING 4th march, 1833, AND TERMINATING 3ed MARCH, 1837. President. Vice President. o5o u o CD +3 flg 053H STATES. a . o © CD CO 03 CD feg£EH •3»H 3 O < M o?3 6 a W O CD •go 1-5 s.?3^3 CD 03 V S3 a > -aIs1-5 fe§ 0| 00 3 0? as o o a 03 CD 03 Sowg I? 10 . . . 10 10 7 New Hampshi re .. 7 7 . * • 14 Massachusett ! 14 14 4 Rhode Island 4 4 8 Connecticut. 8 8 7 Vermont. 7 7 42 .... 42 42 8 New Jersey . 8 8 30 Pennsylvania 30 30 3 Delaware . . . 3 3 10 3 5 3 5 23 23 23 15 North Carolii la... 15 15 11 South Carolii ia 11 n 11 11 11 15 Kentucky 15 15 15 TennesseeOhio 15 1521 5 21 21 5 Louisiana 5 4 Mississipp 4 4 1 9 9574 5 5 7 7 4 4 288, whole numbe r; 219 49 11 7 189 49 30 n 7 necessary to elect ,145. , 33,108 530,209 PI 157,291 The Administration of Andrew Jackson 113 Andrew Jackson, Tennessee Martin Van Buren, New York. March 4, 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, 1834, to take effect June 30, 1834, to which day he served. John Forsyth, of Georgia, nominated, confirmed and com missioned June 27, 1834; 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 duties; July 1, 1834; served through remainder of the admin* istration. 114 Executive Register 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 F. 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. Roger 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 Dickerson, of New Jersey, nominated June 28, 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 the July 2, 1836. 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, See. 40. And be it further enacted, That in case of the Duties of p.m. O ('Dpnil to dGVftlvc death, resignation, or absence of the Postmaster General, on Assistant all his powers and duties shall devolve, for the time being, on the First Assistant Postmaster General. Approved, July 2, 1836. THE ADMINISTRATION OF MARTIN VAN BURBN March 4, 1837, to March 3, 1841 118 Executive Register of the United States election for the thirteenth TERM, COMMENCING 4th march, 1837, AND TERMINATING 3rd MARCH, 1841. CD -2 JD CD 3fe 55 10 7 14 4 8 7 42 8 30 3 1023 15 11 11 151521 54 9574 3 STATES. Maine New Hampshire . 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 CD $ Rfe 10 7 42 SO 2315 President. a-3 .o S » ^ CD f- CO r- m ^ 9 3 o a n'CD £§ CD<3 b~ CO & CO .Co 3 a-+joi O fi 14 as n Vice President. §§ ^a . o M 10 7 42SO Si* to © IS So H~3co .3 T cm 14 15 15 10 SiS 23 294, whole number ; necessary to elect, 148. 170 73 26 14 11 *147 77 47 23 Popular vote. plurality 761,549 24,893 736,656 * Elected by the Senate. The Administration of Martin Van Buren 119 Martin Van Buren, New York. Richard M. Johnson, Kentucky. March 4, 1837, to March 3, 1841. Secretary of State. John Forsyth, of Georgia, continued from last adminis tration; served to March 3, 1841, on which day he re signed. Secretary of the Treasury. Levi Woodbury, of New Hampshire, continued from last ad ministration ; resigned March 2, 1841, to take effect March 3, 1841. Secretary of War. Benjamin F. Butler, of New York, ad interim, continued from last administration; served to March 13, 1837. Joel R. 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. Attorney General. 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. 120 Executive Register of 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. Niles, 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 Navy. 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 ADMINISTRATION OF WILLIAM HENRY HARRISON March 4, 1841, to April 4, 1841 122 Executive Register of the United States ELECTION FOR THE FOURTEENTH TERM, COMMENCING 4th MARCH, 1841, AND TERMINATING 3rd MARCH, 1845. og £> CD as3S 10 7 14 4 8 7 42 S 30 3 102315 11 11 15 15 21 5 4 9 5 7 4 33 STATES. Maine New Hampshire 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 294, whole number; necessary to elect, 148. Popular vote. Plurality President. K d Kg 1014 487 42 8 SO 3 101511 15 1521 5 4 9 234 1,275,017 146,315 Wfe 2311 60 1,128,702 Vice President. 3^ 1014 4 8 7 42 8 30 3 10 15 11 15 15 21 54 9 284 3 3 . o Ph 22 48 feS a* pen . o hi 11 11 Fh © .a CCC_j 1 = >-3 The Administration 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. Selah R. Hobbie, of New York (First Assistant Postmas ter General), ad interim March 4, 1841, to March 7, 1841. Francis Granger, of New York, nominated March 5, 1841 ; confirmed and commissioned March 6, 1841; entered upon duties March 8, 1841; served through remainder of Harrison's administration. 124 Executive Register 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 names are hereunto subscribed, being in the house, and some of us in his immediate presence at the time of his decease. W. W. Seaton, Mayor of Washington. Thomas Miller, M. D., Attending Physician. Ashton Alexander, M. D., Consulting Physician. Wm. Hawley, Rector of St. John's Church. A. Hunter, Marshal of the District of Columbia. Wm. Thos. Carroll, Clerk of the Supreme Court, U. S. Fletcher Webster, Chief Clerk in the State Department. Let this be duly recorded and placed among the Rolls. (Signed) Daniel Webster Secretary of State. Daniel Webster, Secretary of State. Thomas Ewing, Secretary of the Treasury John Bell, Secretary of War. J. J. Crittenden, Attorney General. Francis Granger, Postmaster General. John Chambers C. S. Todd David 0. Coupland ofthe -President's Family. The Administration of Wm. Henry Harrison 125 [Domestic Letters, Department of State.] An all wise Providence having suddenly removed from this 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 Government, 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 people 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 ADMINISTRATION OF JOHN TYLER April 6, 1841, to March 3, 1845 128 Executive Register of the United States Immediately after the decease of the President, Mr. Fletcher Webster, Chief Clerk in the Department of State, accompanied by 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. John Tyler, Vice President of the United States. Sir: It has become our most painful duty to inform you that William Henry 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 the official intelligence to the Vice President, at Williamsburg, and simi lar despatch by him in repairing to the seat of Government, The Administration 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 12 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 occupy, 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, 1841. 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 than 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. 9 130 Executive Register of the United States John Tyler, Virginia. Samuel L. Southard, New Jersey, 1 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, of 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, 1844. 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 McClintock Young (Chief Clerk), ad interim September 13, 1841 Walter Forward, of Pennsylvania, 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 28, 1843. McClintock 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. Green, 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. 132 Executive Register 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 JaDuary 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, 184-1. 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 Nelson, 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. Selah R. 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 Administration 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 23, 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. Gilmer, of Virginia, nominated February 14, 1844; confirmed and commissioned February 15, 1844; entered upon duties February 19, 1844; killed on the " Princeton " February 28, 1844. Lewis Warrington (Captain, U. 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 axed. elections for electors of President and Vice President in all an' 23, 1845" the States of the Union* Be it enacted by the Senate and House of Representatives of the United 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 Register 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- vaeancies. vide 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- ' tors may be appointed on a subsequent day in such manner as the State shall by law provide. Approved, January 23, 1845. THE ADMINISTRATION OF JAMES K. POLK March 4, 1845, to March 3, 1849 136 Executive Register of the United States election for the fifteenth TERM, COMMENCING 4th march, 1845, AND TERMINATING 3RD MARCH, 1849. O 33 U J3 CD 0 S 3 H % STATES. President. *3 03 5 3g a O CS t-i o -2 Is i ¦3 - 'co S 3 ,=» 3 ? to S -3 2 u OS ^ «H CD O u BlS © u H © . M O 9 12 4 6 6 36 7 26 38 11 101213 6 3 9 6 17 9 23 6 12 9 9 7 3 5 4 4 4 12 4 6 6 36 7 26 3 8 11101213 63 9 6 6 12 4 6 6 36 7 26 New Jersey 38 17 17 11 9 0 10 12 13 23 Ohio 23 6 6 6 12 12 9 9 9 7 9 7 3 3 5 5 3 Florida 4 4 4 4 4 4 290, whole number; necessary to elect, 146. 163 127 163 127 PopiPlur 1,360,101 139,557 1,220,544 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 6, 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. 10 146 Executive Register of the United States 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 of 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 of the Interior.* Thomas Ewing, of Ohio, nominated March 6, 1849; con 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 ADMINISTRATION OP MILLARD FILLMORE July 10, 1850, to March 3, 1853 148 Executive Register 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 be, &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. Crawford, Secretary of War. Wm. Ballard Preston, Secretary of the Navy. J. Collamer, Postmaster General. Reverdy Johnson, Attorney General. The Administration of Millard Fillmore 149 [Journal of the House of Representatives, July 10, 1850.] Fellow-citizens of the Senate and House of Representatives : 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 you, fellow-citizens, this most afflict ing bereavement, and assuring you 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 Representatives, in presence of both houses of Con gress, to take the oath prescribed 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 Representatives. He de livered no inaugural, but later sent a written message instead. 150 Executive Register of the United States Millard Fillmore, New York, William R. King, Alabama, "I Presidents pro tempore David R. Atchison, Missouri, j of the Senate. July 10, 1850, to March 3, 1853. Secretary of State. John M. Clayton, of Delaware, continued from Taylor's administration; resigned July 9, 1850; served to July 22, 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 Corwin, 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. George 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 24, 1850, to August 15, 1850. Charles M. Conrad, of Louisiana, nominated, confirmed and commissioned August 15, 1850 ; entered upon duties August 16, 1850; served through remainder of the ad ministration. Attorney General. Reverdy Johnson, of Maryland, continued from Taylor's administration; resigned and served to July 22, 1850. John J. Crittenden, of Kentucky, nominated and con firmed July 20, 1850; commissioned July 22, 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 22, 1850. Lewis Warrington (Captain, U. S. Navy), ad interim July 23, 1850, to August 1, 1850. 152 Executive Register 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, 1£;0; 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 administration. THE ADMINISTRATION OF FRANKLIN 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 3rd MARCH, 1857. CD B ¦° 9 a3 W STATES. President. CD d, si CD as Ph W 3 •£ ^h CD 3^g'g CO fe 3 > CD OT 3 3 a a 7 27 3 15 10 8 1012 12 7 13 11 99 4 34 174 1,838,169 496,905 8 5 13 5 35 23 114 1,341,264 -a S P3 ¦*-* V. President. 3 . 3 t* v 2 ¦-. 3 w a • CD 874,534 7 27 3 15 10 8 10 12 12 67 13 11 9943 4 174 CO OT R U ll 23 114 " OT • CD >-=3 g CD ¦§¦8 The Administration of James Buchanan 159 James Buchanan, Pennsylvania. John C. Breckinridge, Kentucky. March 4, 1857, to March 3, 1861. Secretary of State. William L. Marcy, of New York, continued 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, 1S60. 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 upon 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 December 12, 1860. Philip F. Thomas, of Maryland, nominated December 10, 1860; confirmed and commissioned December 12, 1860; 160 Executive Register of the United States entered upon duties December 13, 1860 ; resigned Janu ary 11, 1861 ; served to January 14, 1861. John A. Dix, of New York, nominated, confirmed and com missioned January 11, 1861 ; entered upon duties Janu ary 15, 1861; resigned March 2, 1861, to take effect March 4, 1861. Secretary 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 Cushing, 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 12, 1861; resigned March 2, 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. IaAAC 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. Robert 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. 11 THE ADMINISTRATION OF ABRAHAM LINCOLN FIRST TEEM March 4, 1861, to March 3, 1865 164 Executive Register of the United States •mSjoof) jo 'uosuqof A laqosiau 'SH9snqoGSS'EK[ jo 'L)^9J8Aa pJBAipa ¦ ta ¦ - -ease. ¦noSoro jo 'ouei udesof -COOO 'OCCO - • -SDt- • C3S ¦ -* -CO". '9UIBPI JO 'uiiuibh IBqrauBH COlOCO^CDLfSjfJ^t- •sionini jo 'SEiSnoa -y noqdoig "89BS8UU9X JO 'IIOU nnpf .10 . . .CSIM •j£ilonau92i jo '9Spf.1n12t09.1g "0 nqof ¦ COCO -OCCO • ¦ -cot- • -OS •-* -co-* •stoniill jo 'nioonn uretpuqy a0lOCO-*COLOiC3-Ht- ¦ 03-^ ¦ • .CO - • -*.O.d4-*iro H < •S9J0jY 1BJ0J09IH jo jequinN .ti CO cd a3^.2^«§gg« -us .&g ItlSlBtK ll^l§ili!lii!j«ili»ll| 03 Ph fl ft . -. . . .213.50.3 3*$S 5 o 8.PS0 COWW^«0»Oi^t-^COCOOC^COOeC!l3ClCi530t-mirHC»C3^'COCO-*-*lO-*^'eO PhPh The Administration 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, confirmed and commissioned March 5, 1861; entered upon duties March 6, 1861; served through remainder of the ad ministration. Secretary of the Treasury. John A. Dix, 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. George Harrington, of the District of Columbia (Assistant Secretary), ad interim July 1, 1864, to July 4, 1864. William P. Fessenden, 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 Register of the United States Simon Cameron, of Pennsylvania, nominated, confirmed and commissioned March 5, 1861; entered upon duties March 11, 1861; resigned January 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 missioned 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; confirmed 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 lrom 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, 1862; resigned to accept Circuit Court Judgeship for Indiana. John P. Usher, of Indiana (Assistant Secretary), 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. 1863. the Executive Departments in Certain Cases. Be it enacted by the Senate and House of Representatives vacancies in of the United States of America in Congress assembled, That ments, how ailed. 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- 168 Executive Register 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, sickness shall cease : 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 ADMINISTRATION OF ABRAHAM LINCOLN SECOND TERM March 4, 1865, to April 15, 1865 170 Executive Register of the United States election for the twentieth TERM, COMMENCING 4th march, 1865, AND TERMINATING 3rd MARCH, 1869. £> CD 3H S3 STATES. President. - 3 a. a A M 03 a o 2 >> r^ CD m ^ CD O O "H CD O Vice President. 53 g 3 O SB o o la 33J3 O 75 12 4 6 5 33 7 26 37 11 21 13 16 11 Maine New Hampshire. 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 California Minnesota Oregon Kansas West Virginia.. Nevada 233, whole number; necessary to elect, 117. Popular vote. Plurality. . . . 7 5 12 4 26 7 21 13 16 11 8 212 2,216,067 407,842 21 1,808,725 75 12 46 5 33 26 7 21 1316 11 8 212 11 The Administration of Abraham Lincoln 171 Abraham Lincoln, Illinois (Died April 15, 1865). Andrew Johnson, Tennessee. March 4, 1865, to April 15, 1865. Secretary of State. William H. Seward, of New York, continued from last ad- istration; served through remainder of Lincoln's ad ministration. Secretary of the Treasury. George Harrington, of the District of Columbia (Assistant Secretary) ad interim March 4, 1865, to March 8, 1865. Hugh McCulloch, of Indiana, nominated March 6, 1865; confirmed and commissioned March 7, 1865; entered upon duties March 9, 1865; served through remainder of Lincoln's administration. Secretary of War. Edwin M. Stanton, of Pennsylvania, continued from last administration; served through remainder of Lincoln's administration. Attorney General. James Speed, of Kentucky, continued from last administra tion; served through remainder of Lincoln's admin istration. Postmaster General. William Dennison, of Ohio, continued from last adminis tration; served through remainder of Lincoln's admin istration. Secretary of the Navy. Gideon Welles, of Connecticut, continued from last admin istration; served through remainder of Lincoln's ad ministration. 172 Executive Register of the United States Secretary of the Interior. John P. Usher, of Indiana, continued from last adminis tration; resigned March 8, 1865; accepted "to take ef fect May 15, 1865 "; served through remainder of Lin coln's administration. Jambs Harlan, of Iowa, nominated March 9, 1865, to take effect May 15, 1865; confirmed March 9, 1865. (See next administration.) THE ADMINISTRATION OF ANDREW JOHNSON April 15, 1865, to March 3, 1869 174 Executive Register of the United States [Miscellaneous Letters to Department of State.] Washington City, D. C. Sir: April 15, 1865. Abraham Lincoln, President of the United States, was shot by an assassin last evening at Ford's Theater in this city and died at the hour of 22 minutes after seven o'clock. About the same time at which the President was shot, an assassin entered the sick chamber of the Hon. Wm. H. Seward, Secretary of State, and stabbed him in several places, in the throat, neck, and face severely if not mortally wounding him. Other members of the Secretary's family were dangerously wounded by the assassin while making his escape. By the death of President Lincoln, the office of President has devolved under the constitution upon you. The emer gency of the government demands that you should imme diately qualify, according to the requirements of the con stitution, and enter upon the duties of President of the United States. If you will please make known your pleas ure, such arrangements as you deem proper will be made. Your obedient servants, Hugh McCulloch, Secretary of the Treasury. Edwin M. Stanton, Secretary of War. Gideon Welles, Secretary of the Navy. W. Dennison, Postmaster General. J. P. Usher, Secretary of the Interior. James Speed, Attorney General. To Andrew Johnson, Vice President of the United States. [The National Intelligencer, April 17, 1865.] Mr. Johnson responded that it would be agreeable to him to qualify himself for the high office to which he had been so unexpectedly called, under such melancholy circum stances, at his rooms at the Kirkwood Hotel, and at 11 o'clock A. M. the oath of office was administered to him The Administration of Andrew Johnson 175 by Chief Justice Chase, of the Supreme Court of the United States, in the presence of nearly all the Cabinet officers, the Hon. Solomon Foot, United States Senator from Vermont; the Hon. Alexander Ramsey, United States Senator from Minnesota; the Hon. Richard Yates, United States Senator from Illinois; the Hon. John P. Hale, late Senator from New Hampshire, who has lately been appointed ambassador to the court of Madrid; General Farnsworth of the House of Representatives, from Illinois ; F. P. Blair, Sr., Esq. ; Hon. Montgomery Blair, late Postmaster General, and some others. The President said: " Gentlemen : I must be permitted to remark that I have been almost overwhelmed by the announcement of the solemn event that has occurred; and I feel the heavy responsibilities which I have just undertaken. At such a time as this I may not be expected to give any exposition of the policy that will be pursued in the administration of the Government. My acts through a series of years will inch- ¦ cate with sufficient clearness the principles by which I shall be governed. My past history, in connection with the rebel lion by which the whole land has been afflicted, will fore shadow what my future course will be. I shall be governed by the great principles of human rights, on which is based free republican government. To the maintenance of those principles I have devoted my best energies. My life, as a public servant, has been a laborious one. Duties have been mine; consequences have been God's. The correct ness of my acts will be subjected to an enlightened and just public judgment, and I shall enter upon the discharge of my duties with a fixed and unalterable determination to carry out the first principles of the Government, and to assist it in the great effort that is now being made to place freedom upon a more enduring basis than that on which it has heretofore stood. I shall look to you, gentlemen, and to others, for encouragement, and for counsel, and for sup port, in the faithful discharge of my duties as the Executive of the United States." 176 Executive Register of the United States 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. Andrew Johnson. I, Salmon P. Chase, Chief Justice of the Supreme Court of the United States, hereby certify that on this fifteenth day of April, Eighteen hundred & sixty five, at the City of Washington in the District of Columbia, personally ap peared Andrew Johnson, Vice President, upon whom by the death of Abraham Lincoln, late President, the duties of the office of President of the United States have devolved, & took & subscribed the oath of office above set forth. Salmon P. Chase, C. J. s. c. u. s. The Administration of Andrew Johnson 177 Andrew Johnson, Tennessee. Lafayette S. Foster, Connecticut. ) Presidents pro tempore Benjamin F. Wade, Ohio. 4 of the Senate. April 15, 1865, to March 3, 1869. Secretary of State. William H. Seward, of New York, continued from Lin coln's administration; resigned March 3, 1869. Secretary of the Treasury. Hugh McCulloch, of Indiana, continued from Lincoln's administration; resigned March 3, 1869. Secretary of War. Edwin M. Stanton, of Pennsylvania, continued from Lin coln's administration; suspended August 12, 1867. Ulysses S. Grant (General of the Army), ad interim Au gust 12, 1867, to January 13, 1868. Edwin M. Stanton, of Pennsylvania, resumed charge Jan uary 14, 1868, under a resolution of the Senate of Jan uary 13, 1868, refusing to concur in his suspension. Removed by the President February 21, 1868. The Senate sustained his refusal to resign, and he contin ued until May 26, 1868, after the failure of the im peachment, when he "relinquished the office," turning over the records, etc., to Brevet Major General Town- send. Lorenzo Thomas (Adjutant General, U. S. Army), desig nated Secretary of War ad interim February 21, 1868. Stanton refused to recognize him, and continued in ac tual charge. Thomas Ewing, Sr., of Ohio, nominated February 22, 1868 ; not acted upon. 12 178 Executive Register of the United States John M. Schofield, nominated April 23, 1868; confirmed and commissioned May 28, 1868; entered upon duties June 1, 1868; served through remainder of the ad ministration. Attorney General. James Speed, of Kentucky, continued from Lincoln's ad ministration; resigned July 16, 1866. J. Hubley Ashton, of Pennsylvania (Assistant Attorney General), acting July 17, 1866, to July 24, 1866. Henry Stanbery, of Ohio, nominated July 20, 1866 ; con firmed and commissioned July 23, 1866; entered upon duties July 24, 1866; resigned March 11, 1868; served to March 12, 1868. Orville H. Browning, of Illinois (Secretary of the In terior), ad interim March 13, 1868, to July 19, 1868. Henry Stanbery, of Ohio, nominated May 27, 1868; re jected June 2, 1868. William M. Evarts, of New York, nominated June 22, 1868; confirmed and commissioned July 15, 1868; en tered upon duties July 20, 1868 ; resigned March 3, 1869. Postmaster General. William Dennison, of Ohio, continued from Lincoln's ad ministration; resigned July 11, 1866; served to July 16, 1866. Alexander W. Randall, of Wisconsin (First Assistant Postmaster General), ad interim July 17, 1866, to July 24, 1866. Alexander W. Randall, of Wisconsin, nominated July 14, 1866; confirmed and commissioned July 25, 1866; qual ified same day; resigned March 1, 1869, to take effect March 4, 1869. Secretary of the Navy. Gideon Welles, of Connecticut, continued from Lincoln's administration; resigned March 3, 1869. The Administration of Andrew Johnson 179 Secretary of the Interior. John P. Usher, of Indiana, continued from Lincoln's ad ministration; resigned, and served to May 15, 1865. James Harlan, of Iowa (nominated March 9, 1865, to take effect May 15, 1865; confirmed March 9, 1865;) com missioned May 15, 1865; entered upon duties May 16, 1865; resigned July 27, 1866, to take effect September 1, 1866; served to August 31, 1866. Orville H. Browning, of Illinois, nominated, confirmed and commissioned July 27, 1866, to take effect Septem ber 1, 1866; entered upon duties September 1, 1866; resigned March 3, 1869. [United States Statutes at Large, Vol. 14, p. 430.] Chap. CLIV. — An Act regulating the Tenure of certain March 2, ise7. Civil Offices. Be it enacted by the Senate and Home of Representatives persons holding or of the United States of America in Congress assembled, That cfvii'offlce, toany every person holding any civil office to which he has been untn!&cSam£ appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office, and shall become duly qualified to act therein, is, and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly 'qualified, except as herein otherwise provided: Provided, That the The Secretaries of Secretaries of State, of the Treasury, of War, of the Navy, ^tfto'hoif"*" and of the Interior, the Postmaster-General, and the Attor- subjectto*0' ney General, shall hold their offices respectively for and removal- during the term of the President by whom they may have been appointed and for one month thereafter, subject to removal by and with the advice and consent of the Senate. Sec. 2. And be it further enacted, That when any officer when mil appointed as aforesaid, excepting judges of the United &c.Csnaifbecome States courts, shall, during a recess of the Senate, be shown, theqpresident °' by evidence satisfactory to the President, to be guilty of tbemSanaeappoint misconduct in office, or crime, or for any reason shall become to'sueh offlccs.ranly 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 be acted upon by the Senate, and such persons to such person so designated shall take the oath and give the a give the bonds, bonds 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, within twenty days after the first rePpenslons ana day of such next meeting of the Senate, to report to the appointments to ~ , -, . . . ¦, , , . -, -, j» the senate. Senate such suspension, with the evidence and reasons tor his action in the case, and the name of the person so desig- n senate concurs, nated to perform the duties of such office. And if the the President r^iin • i ¦ -it- -i may remove the Senate shall concur m such suspension 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 n senate does person to such office. But if the Senate shall refuse to suspendedomcer concur in such suspension, such officer so suspended shall resumes his office. forthwith resume the functions of his office, and the powers Provisions as to of the person so performing its duties in his stead shall cease, Ba the' suspension! and 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, however, 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 such suspension to the Senate as above provided, to revoke be revoked find officer reinstated, such suspension and reinstate such officer in the performance ' of the duties of his office. vacancies happen- Sec. 3. And be it further enacted, That the President shall recess of the have power to fill all vacancies which may happen during ie iiiied. the recess of 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 with 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 as may by law exercise such powers and duties in case of a by whom. vacancy in such office. Sec. 4. And be 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 be 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 be it further enacted, That every removal, The removal, or appointment, or employment, made, had, or exercised, con- apnointm"nt,°or trary to the provisions of this act, and the making, signing, commission, "& o > o g h o CD ~ P CD S CD 3 3 3'o2 .a CD v . O P o ^ CO t; o © o o a M a ° a CO Hi a ag 7 7 5 12 4 6 5 26 96 io 21 13 16 8 11 58 38 85 43 53 3 33 737 11 7 3 7 5 12 465 26 9 6 102113 16 8 11 5 8 3 *8 854 *3 5 33 5 12 4 6 New Hampshire 5 33 33 7 7 26 3 3 7 7 9 6 11 North Carolina Kentucky 11 10 21 Ohio 7 7 13 16 8 11 5 8 3 Florida 8 8 5 4 3 3 3 53 3 285 9 Whole number of electors, excluding Georgia. 214 71 9 214 71 ,5 294, whole number ; necessary to elect, 148. 214 SO 214 80 Popi Plur 3,015,071 305,456 2,709,615 The 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 New 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). John 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 March 12, 1869 ; served through remainder of the administration. Secretary of War. John M. Schofield, 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 Register of the United 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. Attorney General. William M. Evarts, of New York, continued from last ad ministration; resigned, and served to March 4, 1869. J. Hubley Ashton, of Pennsylvania (Assistant Attorney General), acting March 5, 1869, to March 10, 1869. Ebenezer R. Hoar, of Massachusetts, nominated, confirmed and commissioned March 5, 1869; entered upon duties March 11, 1869; resigned, and served to July 7, 1870. Amos T. Akerman, 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. George 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. Postmaster 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. Creswell, 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. Grant 191 Secretary of the Navy. William Faxon, of Connecticut (Assistant Secretary), ad interim March 4, 1869, to March 8, 1869. Adolph E. Borie, of Pennsylvania, nominated, confirmed and commissioned March 5, 1869; entered upon duties March 9, 1869 ; served to June 25, 1869 ; resigned June 25, 1869. George M. Robeson, of New Jersey, commissioned (recess of the Senate) June 25, 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 terim 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 the April 5, 1869. Tenure of certain civil Offices." Be it enacted by the Senate and House of Representatives im, cn. 154, vol. of the United States of America in Congress assembled, Thatxlv' p' the first and second sections of an act entitled " An act regu- First and second latins: the tenure of certain civil offices," passed March two, act of 1867, ch. - . 1 -, , i 154, repealed. eighteen hundred and sixty-seven, be, and the same are hereby, repealed; and in lieu of said repealed sections the following are hereby enacted: 192 Executive Register of the United States Persons holding That every person holding any civil office to which he has by consent of been or hereafter may be appointed by and with the advice tothe term°of and consent of the Senate, and who shall have become duly ment,euniePss,°&e. qualified to act therein, shall be entitled to hold such office during the term for which he shall have been appointed, unless sooner removed by and with the advice and consent of the Senate, or by the appointment, with the like advice and consent, of a successor' in his place, except as herein other wise provided. president, during Sec. 2. And be it further enacted, That during any recess recess of Semite may suspend any of the Senate the President is hereby empowered, in his civil officer. except, &c. until discretion, to suspend any civil officer appointed by and with ' another to do the advice and consent of the Senate, except judges of the liis duties. ' United States courts, until the end of the next session of the Senate, and to designate some suitable person, subject to be removed in his discretion by the designation of another, to perform the duties of such suspended officer in the mean Persons desig- time; and such person so designated shall take the oaths and bonds and take give the bonds required by law to be taken and given by ' the suspended officer, and shall, during the time he per forms his duties, be entitled to the salary and emoluments of such office, no part of which shall belong to the officer President to suspended; and it shall be the duty of the President within flu vacancies thirty days after the commencement of each session of the days after com- Senate, except for any office which in his opinion ought not each session to be 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 suspended; and if the Senate during such session shall re- to confirm, f use to advise and consent to an appointment in 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- Sec. 3. And be it further enacted, That section three of ing during recess, ,, ,, , . . . n . ., from death, the act to which this is an amendment be amended by in- may be mied serting after the word " resignation," in line three of said 1 lent' section, the following: "or expiration of term of office." Approved, April 5, 1869. The Administration of Ulysses S. Grant 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 2. 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 by the Senate and House of Representatives Department of the United States of America in Congress assembled, That established. 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 t0 be thehead- 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 in omce of said Department an officer learned in the law, to assist the estabiuhfd;16"1 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 0f assistants of other officers, learned in the law, called the assistants of Generai?mey~ 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 ottoVpartments, the time when this act takes effect, the solicitor of the *0 be transferred treasury and his assistants, the solicitor of internal revenue, jusuXanT11' °f the solicitor and naval judge advocate general, who shall itTcoX>inder 13 194 Executive Register 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 Sec. 4. And be it further enacted, That questions of law to the Attorney- submitted to the Attorney-General for his opinion, except ques- ene&c.' may be'tions involving 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 opinion thereon of the officer to whom the same may be re- cpmby Attorney- f erred; and if 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 be it further enacted, That whenever the c and°supreme Attorney-General deems it necessary, he may require the united states, solicitor-general to argue any case in 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- umted states, ever he deems it for 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 epar men ^may q^ jusyce^ mav ^e sen^. ^y ^e Attorney-General to any State o?ndyistrict. 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- actual and necessary expenses, while so absent from the seat on suchPsem?ce of government, the account thereof to be verified by affidavit. Sec. 6. And be 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 be 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 1836, ch. 270, Bee. 14. 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 • ii -1 -1 n* . .for offences prosecutions for mail depredations and penal offenses against against postal the postal laws. Sec. 8. And be it further enacted. That the Attorney- Rules and regu- 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 be it further enacted, That the several officers officers hereby tr&nsferrpd to 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 ., -1 -it 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- Attomey-Generai. men^ g^ji j^ appointed and be removable by the Attorney- General. salaries. Sec. 10. And be it further enacted, That the following annual salaries shall be paid to the officers hereinbefore solicitor-general, mentioned: To the solicitor-general, seven thousand five Assistants of hundred dollars; to each of the assistants of the Attorney- General. General, five thousand dollars each; to the solicitor of the solicitor of internal revenue, five thousand dollars; and to the other other officers', officers the salaries and fees now allowed by law; and the stenographic Attorney-General shall be allowed 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 Sec. 11. And be it further enacted, That all moneys here- the Attorney- ..... General, how to after drawn 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 so, 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. And be it further enacted, That it shall be the when made, anti duty of the Attorney-General to make an annual report to 'Congress, in January each year, of the business of the said Department of Justice, and any other matters appertaining statistics thereto that he may deem proper, including the statistics of 1,16 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 be it further enacted, That the superin- treasury^bmiding tenoient 0:f ^e treasury building shall provide such suitable bui a e rooms. rooms jn ^e treasury 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 Administration of Ulysses S. Grant 197 Sec. 14. And be it further enacted, That the Attorney- Attorney-General General may require any solicitor or officers of the Depart- omcerto™6 any ment of Justice to perform any duty required of said Depart- duty requfr^d. 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 proceedings. 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, any .service herein required of the officers of the Department herein required. of Justice. Sec. 15. And be it further enacted, That the supervisory supervisory powers now exercised by the Secretary of the Interior over accounts of the accounts of 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 be it further enacted, That the Attorney- and over conduct 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 be it further enacted, That it shall not be secretaries of ... ... , • t-v j_ departments not 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 r J . J* , ii. expense of the United States; but such Departments, when in need ot coun- united states; 198 Executive Register of the United States to can upon sel or advice, shall call upon the Department of Justice, the of Justice, officers of which shall attend to the same; and no counsel or No counsel or attorney fees shall hereafter be allowed to any person or be allowed, except, persons, besides the respective district attorneys and assist- what certificate, 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, dec. attorneys. And every attorney and counsellor who shall SDecifl-llv rpt3.ined to receive a be specially retained, under the authority of the Department commission as --,-,. .. . . . special assistant ot Justice, to assist m the trial of any case m which the take the oath, &c. government is interested, shall receive a commission from 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 See. 18. And be it furtlier enacted, That the Attorney- opinions of law ™ i i n i* • • officers to be Leneral shall trom time to time cause to be edited and published from . , -. ~... „ , . time to time, printed an edition ot 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, he of size, quality of paper, printing, and binding, of uniform style volumes, and -, . ,.,-,., how distributed, and appearance, as nearly as practicable, with the eighth volume of said opinions, published by Robert 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 Sec. 19. And be it further enacted, That this act shall take ' effect and be in force from and after the first day of July, eighteen hundred and seventy. Approved, June 22, 1870. The Administration of Ulysses S. Grant 199 [United States Statutes at Large, Vol. 17, p. 157.] Chap. CXCVIII. — An Act to amend an Act entitled "An May 28, 1872. 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 twenty-third, eighteen hun dred and forty-five. Be it enacted by the Senate and House of Representatives Election to choose Presi- 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-Presideiit 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 8, 1872. amend the Statutes relating to the Post-office Department. Be it enacted by the Senate and House of Representatives post-otaee of the United States of America in Congress assembled, That established. 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 office', &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. In case of death, ~ m. . <» ,i i , i -j* i &c, his duties Sec. 7. That in ease of the death, resignation, or a b- to devolve upon first Assistant sence of the Postmaster-General, all his powers and duties postmaster-general. 200 Executive Register of the United States shall devolve, for the time being, on the first assistant post master-general. Postmaster-general Sec. 15. That before entering upon the duties, and be- antoatake1oatheor fore they shall receive any salary, the Postmaster-General rmation, an(j a^ persong empi0ye(i 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 Beforetlken3 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. *4» n» Sp 2fi * ¦!• 3fC Approved, June 8, 1872. THE ADMINISTRATION OF ULYSSES S. GEANT SECOND TEEM March 4, 1873, to March 3, 1877 202 Executive Register of the United States •^oninsji JO 'naqouK -g siniAl 85a 33 L. •oiqo JO '3[09qseoJO s -tuAl •^3tonan93 jo 'smainiBJH -a -soqi ¦sionfill jo 'jgmiBd "M nnpr HB 5 o « « I1!> — a L " u •EiSaoaQ jo 'ajmbpo 'H P9-JJIV •BnEjpni jo 'nrajinf ay gaaoaf) ¦ejigsniioBSSBjt jo 'BJinraa -j xaiueniBN •fjnossm jo 'njaoaa zjbjq -g sjiasnqoBSSBif jo t-oco-*coiairic»c»eo -not. 'nosnAY j£J[U9H " ™ =1 ..*-* • O --( CO l£3 CO XO 1© CO CO •BlOUini JO *8IA13(j pJABfJ •mSlOHQ JO 'smiinar T sajJBqo ¦BnBjpni jo 'siioiipneij -y -soqi •unossiK JO 'nAioia zifBIQ -g •3[JOi M.9& JO '^9199Ja 90SJOH •sionjni jo 'auBio -g sass^in ¦ N .iqcor-o • •<-<-» •OrH«OU5CO»0»aCOCO ScC 3 a C3 o g ft ° CD +- g © ¦a a . >! a 'S« cj h; a 9 "H § 0 m M 0 "5T3 a © ffis< 5 ID T3 os a a m O <*H J 0 H cs?0 s Hi 3 . a i-s 10 10 76 3 4 121513 8 '8'9 16 '9 3611 9 1313is 6 '8 3 2313 9 '6 ii 13 7 '5 34 23 3 30 4 '4 ii 10 7 '6 34 12 15 i3 8 '8 '9 16 9 36 11 '9 1313ia 6 7 83 83 03 4 12 32 22 15 13 13 9 9 13 8 6 6 ii 13 1 8 14 13 7 9 16 53 534 4 9 3611 23 23 3 30 4 3 30 4 9 12 13 4 '4 13 6 11 ii 401, whole number ; necessary to elect, 202. 219 182 219 182 Popul Plura 4,911,017 62,683 4,848,334 The Administration of Grover Cleveland 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. Robert 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; 250 Executive Register of the United States entered upon duties March 7, 1885; served through re mainder of the administration. Attorney General. Benjamin H. Brewster, 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- teredupon 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 of 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 of 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. Vilas, 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.* Norman 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 t he January 19, isse. duties of the office of President in case of the removal, death, resignation, or inability both of the President and Vice- President. Be it enacted &c, That in case of removal, death, resigna- in ease of death, tion, or inability of both the President and Vice-President anSvice-President, — - who to Act RS of the United States, the Secretary of State, or if there be President. ... i j xi -j.- . R. S., sees. 146-151. none, or m case ot 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-General, 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 Register 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 be convened. office of President of the Tjmted 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. oaicers named Sec. 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 r. s., Sec. 3. That sections one hundred and forty-six, one hun- :s. 146-150. (jre^ and forty.geven, 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, is87. 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 Vice- President, and the decision of questions arising thereon. Presidential Be it enacted, &c, That the electors of each State shall to meet and vote, meet and give their votes on the second Monday in January R. S., sees. 131-135. , . „ . , , . . , , ,J . ' next ioilowmg their appointment, at such place m each State as the legislature of such State shall direct. The Administration of Grover Cleveland 253 Sec. 2. That if any State shall have provided, by laws Determination J * j. under State enacted prior to the day fixed for the appointment of the laws, of contro- A ^ L L versy as to electors, for its final determination of any controversy or appointment of electors, to be contest concerning the appointment of all or any of the conclusive, it electors of such 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 J appointment of State, as soon as practicable after the conclusion of the Sectors, to be r 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 r J to the electors. each State to deliver to the electors of such State, on or before ?¦£•> ae5s- i*38-140- 7 1888, Oct. 19, ch. the day on which they are required by the preceding section to 1216> p°st- p- 635- meet, the same certificate, in triplicate, under the seal of the State; And such certificate shall be inclosed and transmitted certificates end votes of electors by the electors at the same time and in the same manner J>ave to be J transmitted. 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 Revised ^P6^0' R- s" Statutes is hereby repealed; 254 Executive Register of the United States certificate of And if there shall have been any final determination in oratory to be a State of a controversy or contest as provided for in sec- sent to Sectary ^ ^ ^ ^ ^ y. M be the duty of the exeeutive 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. ag 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. ^ransiny. fo ^e ^q Houses of Congress copies in full of each and every such certificate so received theretofore at the State Department. counting electoral Sec. 4. That Congress shall be in session on the second v°R.s!,Becfi42.' 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 tellers shall be previously appointed on the part .ucj.es. qj ^e gena^.e an(j ^wo on ^.ne par^. 0£ foe 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 votes 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 255 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.1 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 Representatives 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 Representatives shall, in like manner, submit such objections to the House of Representatives 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- ,.,.-,. flirting 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 be determinedaccording to counted which shall have been regularly given by the elec- this 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 Register of the United States if determination But in case there shall arise the question which of two con?"m™eof or more of such State authorities determining what electors "required! have been 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 ease of more than one return or paper pur- 'authorities! porting to be a return from a State, if there shall have been concuTlquiIed? no 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. n Houses dis- But if the two Houses shall disagree in respect of the certified by state counting of such votes, then, and in that ease, the votes be counted, of the electors whose appointment shall have been certified by the Executive of the State, under the seal thereof, shall be counted. Announcement of When the two Houses have voted, they shall immediately each House, again meet, and the presiding officer shall then announce the decision of the questions submitted. objection to No votes or papers from any other State shall be acted be acted on. upon until the objections 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 ,icar' as provided in this act the President of the Senate shall no debate in have power to preserve order; and no debate shall be al- Joinof Tious'es! lowed and no question shall be put by the presiding officer except to either House on a motion to withdraw. Limit of debate Sec. 6. That when the two Houses 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 Repre 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 for officers 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 Represen 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 of electoral votes shall be completed and the result de- is declared. clared; 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 reveal certain sections of the Re- ^:\ s> 1887- r r '24 Stat. L. , 500. vised Statutes of the United States relating to the appoint ment of civil officers. Be it enacted, &c, That sections seventeen hundred and Tenure of office, 7 7 repeal of sixty-seven, seventeen hundred and sixty-eight, seventeen P™™ions hundred and sixty-nine, seventeen hundred and seventy, Repe^l?* %*• J ' •" sees. 1767-1772. seventeen hundred and seventy-one, and seventeen hundred 17 258 Executive Register of the United States and seventy-two of the Revised Statutes of the United States are hereby repealed. Sec. 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 approved 25 stat. l. 613. jpeoruary third, 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 Be it enacted, &c, That the certificates and lists of votes forto blfo^arded for President and Vice-President of the United States, men- resisenate. tioned in chapter one of title three of the Revised Statutes 1887, Feb?C3, ch! of the United States, and in the act to which this is a p.a52f.' supplement, 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 section one hundred and forty-one of the send for district Revised Statutes of the United States is hereby so amended ju ges is . ag ^Q rea(j ag £ 0ijowg . substitute for " Sec. 141. Whenever a certificate of votes from any ' State has not been received at the seat of Government 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 act to enlarge the powers and duties of the Department of Agriculture and to create an Executive Department to be known as the Department of Agriculture. Department of Be it enacted by the Senate and House of Representatives re' of the United States of America in Congress assembled, That The Administration of Grover Cleveland 259 the Department of Agriculture, shall be an Executive De- To be an Execu- partment, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate; and section one hundred and fifty-eight of the Revised Statutes r. s. sec. 15s, is hereby amended to include such Department, and the provisions of title four of the Revised Statutes, including r. s., Title iv, all amendments thereto, are hereby made applicable to said Department. Sec. 2. That there shall be in said Department an Assist- Assistant ant Secretary of Agriculture, to be appointed by the Presi dent, by and with the advice and consent of the Senate, who shall perform such duties as may be required by law or prescribed by the Secretary. Sec. 3. That the Secretary of Agriculture shall receive salaries. the same salary as is paid to the Secretary of each of the Executive Departments, and the salary of the Assistant Sec retary of Agriculture shall be the same as that now paid to the First Assistant Secretary of the Department of the Interior. Sec. 4. That all laws and parts of laws relating to the Existing laws. Department of Agriculture now in existence, as far as the same are applicable and not in conflict with this act, and ¦only so far, are continued in full force and effect.* Approved, February 9, 1889. * The Department of Agriculture was established by Act of Congress approved May 15, 1862, with a Commissioner of Agri culture in charge. THE ADMINISTRATION OF BENJAMIN HARRISON March 4, 1889, to March 3, 1893 262 Executive Register of the United States election for the twenty-sixth term, COMMENCING 4th MARCH, 1889, AND TERMINATING 3rd MARCH, 1893. fe 10 7 8 3 4 12 ; 22 i 15 ' 13 :- 9 13 ' 86 8 1413 7 9 16 5 34 9 36 11:•;; 3 30 49 1213 4 12 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 President. W a 331513 14 13 7 534 3623 3 30 4 4 ii © ?H 3 £ $ fe 10 7 4 12 9 16 9 ii 13 13 13 Vice President. n « ^ 23 15 13 9 1413 7 23 3 30 4 4 ii a u 3 •a b . . o as » v S o <1 10 7 34 12 13 9 16 1313 13 6 401, whole number ; necessary to elect, 202. 233 168 233 Popular vote . Plurality 5,440,2.i6 5,538,333 98,017 168 The Administration of Benjamin Harrison 263 Benjamin Harrison, Indiana. Levi P. Morton, New York. March 4, 1889, to March 3, 1893. Secretary of State. Thomas F. Bayard, of Delaware, continued from last ad ministration; resigned, and served to March 6, 1889. James G. Blaine, of Maine, nominated, confirmed and com missioned March 5, 1889 ; entered upon duties March 7, 1889 ; served to June 4, 1892, on which day he resigned. William F. Wharton, of Massachusetts (Assistant Secre tary), ad interim June 4, 1892, to June 29, 1892. John W. Foster, of Indiana, nominated, confirmed and com missioned June 29, 1892; entered upon duties same day; resigned February 21, 1893; served to February 23, 1893; appointed Agent of the United States before the Bering Sea Arbitration Tribunal at Paris. William F. Wharton, of Massachusetts (Assistant Secre tary), ad interim February 23, 1893, to close of the ad ministration. Secretary of the Treasury. Charles S. Fairchild, of New York, continued from last administration; resigned, and served to March 6, 1889. William Windom, of Minnesota, nominated, confirmed and commissioned March 5, 1889 ; entered upon duties March 7, 1889 ; died" January 29, 1891. Allured B. Nettleton, of Minnesota (Assistant Secretary), ad interim January 30, 1891, to February 24, 1891. Charles Foster, of Ohio, nominated February 23, 1891; confirmed and commissioned February 24, 1891 ; entered upon duties February 25, 1891 ; served through remain der of the administration. 264 Executive Register of the United States Secretary of War. William C. Endicott, of Massachusetts, continued from last administration; resigned, and served to March 5, 1889. Redfield Proctor, of Vermont, nominated, confirmed and commissioned March 5, 1889 ; entered upon duties March 6, 1889 ; resigned November 3, 1891 ; served to December 5, 1891. Lewis A. Grant, of Minnesota (Assistant Secretary), ad interim December 6, 1891, to December 24, 1891. Stephen B. Elkins, of West Virginia, nominated December 17, 1891; confirmed and commissioned December 22, 1891; entered upon duties December 24, 1891; served through remainder of the administration. Attorney General. Augustus H. Garland, of Arkansas, continued from last administration; resigned, and served to March 5, 1889. William H. H. Miller, of Indiana, nominated, confirmed and commissioned March 5, 1889; entered upon duties March 6, 1889 ; served through remainder of the admin istration. Postmaster General. Don M. Dickinson, of Michigan, continued from last ad ministration ; resigned, and served to March 5, 1889. John Wanamaker, of Pennsylvania, nominated, confirmed and commissioned March 5, 1889; entered upon duties March 6, 1889 ; served through remainder of the admin istration. Secretary of the Navy. William C. Whitney, of New York, continued from last administration; resigned, and served to March 5, 1889. Benjamin F. Tracy, of New York, nominated, confirmed and commissioned March 5, 1889; entered upon duties March 6, 1889 ; served through remainder of the admin istration. The Administration of Benjamin Harrison 265 Secretary of the Interior. William F. Vilas, of Wisconsin, continued from last admin istration; resigned, and served to March 6, 1889. John W. Noble, of Missouri, nominated, confirmed and com missioned March 5, 1889 ; entered upon duties March 7, 1889; served through remainder of the administration. Secretary of Agriculture. Norman J. Colman, of Missouri, continued from last ad ministration; resigned, and served to March 6, 1889. Jeremiah M. Rusk, of Wisconsin, nominated, confirmed and commissioned March 5, 1889 ; entered upon duties March 7, 1889 ; served through remainder of the administration. [Supplement to the Revised Statutes of the United States, Vol. 1, 2nd Edition, p. 888.] Chap. 113. — An act to amend section one hundred and February 6, i89i. r .26 Stat. L., 733. eighty of the Revised Statutes of the United States. Be it enacted, &c. . That section one hundred and eighty of vacancies of heads ° J of Departments, the Revised Statutes of the United States, be, and the same how niied temporarily. is hereby, amended so as to read as follows : A vacancy occasioned by death or resignation must not be |ubsstita"'eig5 temporarily filled under the three preceding sections for a longer period than thirty days. (February 6, 1891.) THE ADMINISTRATION OF GROVER CLEVELAND SECOND TERM March 4, 1893, to March 3, 1897 268 Executive Register of the United States election for the twenty-seventh term, commencing 4th MARCH, 1893, AND TERMINATING 3rd MARCH, 1897. 043 ¦° a 93H fe STATES. President. a . «,i4 gfe5 "a 0 el d) o m fife V. President. «3 -33 O as afe fee cob. 11 89 4 6 34 13 3 241513 1013 1514 99 17 3834 10 3611 3 33 4 33 49 4 1315 4 13 4 Alabama Arkansas California Colorado Connecticut — Delaware Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts . . Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New York North Carolina . North Dakota . . Ohio Oregon Pennsylvania .. Rhode Island South Carolina . . South Dakota . . . Tennessee Texas Vermont Virginia Washington West Virginia . . . Wisconsin Wyoming 11 8 4 13 24 15 13 5 '9 17 10 36 11 1 1 1315 12 '0 12 444, whole number ; necessary to elect, 223. 277 Popular vote. Plurality 5,556,918 380,810 13 15 1 22 145 5,176,108 10 22 1,041,028 11 13 277 13 15 32 4 9 4 12 15 4 12 4 6 12 145 The Administration of Grover Cleveland 269 Grover Cleveland, New York. Adlai E. Stevenson, Illinois. March 4, 1893, to March 3, 1897. Secretary of State. William F. Wharton, of Massachusetts (Assistant Secre tary), ad interim from last administration to March 6, 1893. Walter Q. Gresham, of Illinois, nominated, confirmed and commissioned March 6, 1893; entered upon duties March 7, 1893 ; died May 28, 1895. Edwin F. Uhl, of Michigan (Assistant Secretary), ad in terim May 28, 1895, to May 30, 1895. Alvey A. Adee, of the District of Columbia (Second Assist ant Secretary), ad interim May 31, 1895. Edwin F. Uhl, of Michigan (Assistant Secretary), ad in terim June 1, 1895, to June 9, 1895. Richard Olney, of Massachusetts, commissioned (recess of the Senate) June 8, 1895 ; entered upon duties June 10, 1895 ; nominated, confirmed and recommissioned Decem ber 3, 1895; served through remainder of the adminis tration. Secretary of the Treasury. Charles Foster, of Ohio, continued from last administra tion; resigned, and served to March 7, 1893. John G. Carlisle, of Kentucky, nominated, confirmed and commissioned March 6, 1893 ; entered upon duties March 7, 1893 ; served through remainder of the administration. Secretary of War. Stephen B. Elkins, of West Virginia, continued from last administration; resigned, and served to March 6, 1893. 270 Executive Register of the United States Daniel S. Lamont, of New York, nominated, confirmed and commissioned March 6, 1893 ; entered upon duties March 7, 1893 ; served through remainder of the administration. Attorney General. William H. H. Miller, of Indiana, continued from last administration; resigned, and served to March 6, 1893. Richard Olney, of Massachusetts, nominated, confirmed and commissioned March 6, 1893 ; entered upon duties March 7, 1893 ; served to June 9, 1895 ; appointed Secretary of State June 8, 1895. Judson Harmon, of Ohio, commissioned (recess of the Sen ate) June 8, 1895; entered upon duties June 11, 1895; nominated, confirmed and recommissioned December 3, 1895 ; served through remainder of the administration. Postmaster General. John Wanamaker, of Pennsylvania, continued from last administration; resigned, and served to March 6, 1893. Wilson S. Bissell, of New York, nominated, confirmed and commissioned March 6, 1893 ; entered upon duties March 7, 1893; resigned February 27, 1895; served to April 3, 1895. William L. Wilson, of West Virginia, nominated February 28, 1895 ; confirmed and commissioned March 1, 1895 ; entered upon duties April 4, 1895; served through re mainder of the administration. Secretary of the Navy. Benjamin F. Tracy, of New York, continued from last ad ministration ; resigned, and served to March 6, 1893. Hilary A. Herbert, of Alabama, nominated, confirmed and commissioned March 6, 1893 ; entered upon duties March 7, 1893 ; served through remainder of the administration. The Administration of Grover Cleveland 271 Secretary of the Interior. John W. Noble, of Missouri, continued from last adminis tration; resigned, and served to March 6, 1893. Hoke Smith, of Georgia, nominated, confirmed and com missioned March 6, 1893 ; entered upon duties March 7, 1893; resigned and served to August 31, 1896. John M. Reynolds, of Pennsylvania (Assistant Secretary), ad interim September 1, 1896, to September 3, 1896. .David R. Francis, of Missouri, commissioned (recess of the Senate) September 1, 1896; entered upon duties Sep tember 4, 1896 ; nominated December 9, 1896 ; confirmed and recommissioned January 18, 1897; served through remainder of the administration. Secretary of Agriculture. Jeremiah M. Rusk, of Wisconsin, continued from last ad ministration; resigned, and served to March 7, 1893. Julius Sterling Morton, of Nebraska, nominated, con firmed and commissioned March 6, 1893; entered upon duties March 7, 1893; served through remainder of the administration. [Supplement to the Revised Statutes of the United States, Vol. 2, p. 171.] Chap. 25. — An act to repeal all statutes relating to super- February 8, 1894. visors of elections and special deputy marshals, and for other purposes. Be it enacted, &c, That the following sections and parts Election laws of sections of the Revised Statutes of the United States be, repea and the same are hereby, repealed; that is to say of title "Elective franchise," * * * * * * And also of title " Crimes," sections * * * * Penalties abolished. ******* Repeal of R. S., sees. . . . fifty-five hundred and twenty, ***** 5520, . . . (February 8, 1894.) THE ADMINISTRATION OF WILLIAM MCKINLEY FIRST TERM March 4, 1897, to March 3, 1901 18 274 Executive Register of the United States ELECTION FOR THE TWENTY-EIGHTH TERM, COMMENCING 4th MARCH, 1897, AND TERMINATING 3rd MARCH, 1901. STATES. President. Vice President. ©O > O c3 © ^j a s fe CD a 2 o So S3 .3 o a c« a ¦* ^ 2 .2 fe -p O Ld •< fe 42 CD £ fe is *< ca 0 73 £ § m .9 * 5 £S a" 0 ts O =H J 0 EH n 8 '6 'o 3 2415 13 12 68 1514 9 'i 10 36 '3 33 4 33 4 '4 6 13 11 81 4 '4 13 3 io 1 8 '6 17 383 ii '9 4 12 15 3 is 4 3 '8'e 3 24151313 '6 8 1514 9 '4 10 36 3 23 4 32 4 'i 6 12 11 5 1 44 13 3 io 14 9 13 O43 'e'9 2 13 15 2 is 3 '3 149 9 4 6 3 4 13 3 24 15 13 10 13 8 4 6 8 15 14 99 17 3 114 8 3 4 10 36 11 5 3 S3 4 32 4 94 2 12 15 3 4 13 Vermont 1 4 2 6 12 3 1 447, whole number ; necessary to elect, 224. 271 176 271 37 PopulPlura 7,106,779 603,854 6,503,935 ity The Administration of William McKinley 275 William McKinley, Ohio. Garret A. Hobart, New Jersey (Died November 21, 1899). William P. Frye, Maine, President pro tempore of the Senate. March 4, 1897, to March 3, 1901. Secretary of State. Richard Olney, of Massachusetts, continued from last ad ministration; resigned, and served to March 5, 1897. John Sherman, of Ohio, nominated, confirmed and com missioned March 5, 1897 ; entered upon duties March 6, 1897; resigned April 25, 1898; served to April 27, 1898. William R. Day, of Ohio, nominated, confirmed and com missioned April 26, 1898 ; entered upon duties April 28, 1898 ; resigned September 16, 1898, to become Chairman of the Spanish Peace Commission. Alvey A. Adee, of the District of Columbia (Second Assist ant Secretary), ad interim September 17, 1898, to Sep tember 29, 1898. John Hay, of the District of Columbia, commissioned (recess of the Senate) September 20, 1898 ; entered upon duties September 30, 1898; nominated December 6, 1898; con firmed and recommissioned December 7, 1898; served through remainder of the administration. Secretary of the Treasury. John G. Carlisle, of Kentucky, continued from last ad ministration; resigned, and served to March 6, 1897. Lyman J. Gage, of Illinois, nominated, confirmed and com missioned March 5, 1897 ; entered upon duties March 6, 1897; served through remainder of the administration. Secretary of War. Daniel S. Lamont, of New York, continued from last ad ministration; resigned, and served to March 5, 1897. 276 Executive Register of the United States Russell A. Alger, of Michigan, nominated, confirmed and commissioned March 5, 1897; entered upon duties March 6, 1897; resigned July 19, 1899; served to August 1, 1899. Elihu Root, of New York, commissioned (recess of the Sen ate) August 1, 1899; entered upon duties same day; nominated, confirmed and recommissioned December 6, 1899 ; served through remainder of the administration. Attorney General. Judson Harmon, of Ohio, continued from last administra tion; resigned, and served to March 6, 1897. Joseph McKenna, of California, nominated, confirmed and commissioned March 5, 1897; entered upon duties March 7, 1897; served to January 25, 1898; resigned January 26, 1898, to take a seat in the United States Supreme Court. John K. Richards, of Ohio (Solicitor General), ad interim January 26, 1898, to January 31, 1898. John W. Griggs, of New Jersey, nominated January 22, 1898; confirmed and commissioned January 25, 1898; entered upon duties February 1, 1898; served through remainder of the administration. Postmaster General. William L. Wilson, of West Virginia, continued from last administration; resigned, and served to March 5, 1897. James A. Gary, of Maryland, nominated, confirmed and commissioned March 5, 1897; entered upon duties March 6, 1897; resigned April 18, 1898; served to April 21, 1898. Charles Emory Smith, of Pennsylvania, nominated, con firmed and commissioned April 21, 1898; entered upon duties April 22, 1898; served through remainder of the administration. The Administration of William McKinley 277 Secretary of the Navy. Hilary A. Herbert, of Alabama, continued from last ad ministration; resigned, and served to March 5, 1897. John D. Long, of Massachusetts, nominated, confirmed and commissioned March 5, 1897 ; entered upon duties March 6, 1897 ; served through remainder of the administration. Secretary of the Interior. David R. Francis, of Missouri, continued from last admin istration; resigned, and served to March 5, 1897. Cornelius N. Bliss, of New York, nominated, confirmed and commissioned March 5, 1897; entered upon duties March 6, 1897 ; resigned, and served to February 19, 1899. Ethan A. Hitchcock, of Missouri, nominated, confirmed and commissioned December 21, 1898; entered upon duties February 20, 1899 ; served through remainder of the administration. Secretary of Agriculture. Julius Sterling Morton, of Nebraska, continued from last ad mini strati on ; resigned, and served to March 5, 1897. James Wilson, of Iowa, nominated, confirmed and commis sioned March 5, 1897; entered upon duties March 6 1897 ; served through remainder of the administration. THE ADMINISTRATION OF WILLIAM MCKINLEY SECOND TERM March 4, 1901, to September 14, 1901 280 Executive Register of the United States election for the twenty-ninth term, COMMENCING 4th MARCH, 1901, AND TERMINATING 3rd MARCH, 1905. STATES. President. Vice President. © ¦M o i> ° s H O P cj S-2a H fe >>p 3 03 •S o — ^H a"ca*i s « .3 fe £5 ct-t £0 +5~ CD . 2 ^ g 1 CD -H .33 CQ O . a h a " CH -a 0 <; '9 6 3 24151310 'ei 8 15 14 9 -8 "i 1036 3 S3 4 33 4 '4 '3 4 'i 6 12 3 11 8 "i "i 13 3 13 8 9 17 33 ii '9 is 15ii '9 '0 3 2415 1310 0 8 1514 9 's'i 1036 3 23 4 32 4 4 3 4 '4 6 13 3 11 8 4 894 6 3 '4 13 3 13 3 24 15 13 10 13 13 8 8 6 8 1514 9 9 17 '9 17 3 3 8 3 4 '3 10 3611 ii 3 23 Ohio 4 33 4 94 9 13 15 34 12 15 12 12 46 12 8 "~447, whole number ; necessary to elect, 334. 293 155 292 155 Popul Plura 7,207,923 849,790 6,358,133 The Administration of William McKinley 281 William McKinley, Ohio (Died September 14, 1901). Theodore Roosevelt, New York. March 4, 1901, to September 14, 1901. Secretary of State. John Hay, of the District of Columbia, continued from last administration; resigned March 5, 1901; renominated, confirmed and recommissioned March 5, 1901; served through remainder of McKinley's administration. Secretary of the Treasury. Lyman J. Gage, of Illinois, continued from last administra tion; resigned March 5, 1901; renominated, confirmed and recommissioned March 5, 1901; served through re mainder of McKinley's administration. Secretary of War. Elihu Root, of New York, continued from last administra tion; resigned March 5, 1901; renominated, confirmed and recommissioned March 5, 1901; served through re mainder of McKinley's administration. Attorney General. John W. Griggs, of New Jersey, continued from last admin istration; resigned March 5, 1901; renominated, con firmed and recommissioned March 5, 1901; resigned, to take effect March 31, 1901. John K. Richards, of Ohio (Solicitor General), ad interim April 1, 1901, to April 9, 1901. Philander C. Knox, of Pennsylvania, commissioned (recess of the Senate) April 5, 1901 ; entered upon duties April 10, 1901; served through remainder of McKinley's ad» ministration. 282 Executive Register of the United States Postmaster General. Charles Emory Smith, of Pennsylvania, continued from last administration; resigned March 5, 1901; renomi nated, confirmed and recommissioned March 5, 1901; served through remainder of McKinley's administration. Secretary of the Navy. John D. Long, of Massachusetts, continued from last admin istration; resigned March 5, 1901; renominated, con firmed and recommissioned March 5, 1901; served through remainder of McKinley's administration. Secretary of the Interior. Ethan A. Hitchcock, of Missouri, continued from last ad ministration; resigned March 5, 1901; renominated, con firmed and recommissioned March 5, 1901; served through remainder of McKinley's administration. Secretary of Agriculture. James Wilson, of Iowa, continued from last administration; resigned March 5, 1901; renominated, confirmed and recommissioned March 5, 1901; served through remain der of McKinley's administration, THE ADMINISTRATION OF THEODORE ROOSEVELT September 14, 1901, to 284 Executive Register of the United States TELEGRAM. Department of State, Washington, September 14, 1901. Hon. Theodore Roosevelt, North Creek, New York. The President died at two fifteen this morning. John Hay, Secretary of State. President Roosevelt took the oath of office at 3.30 p. m., September 14, 1901, in the library of the residence of Mr. Ansley Wilcox, in Buffalo. Secretary Root said : " I have been requested on behalf of the cabinet of the late President — at least those who are pres ent in Buffalo, all, except two — to request that for reasons of weight affecting the affairs of government you should proceed to take the constitutional oath of President of the United States." Mr. Roosevelt replied : " I shall take the oath at once in accordance with your request, and in this hour of deep and terrible national bereavement, I wish to state that it shall be my aim to continue absolutely unbroken the policy of President McKinley for the peace and prosperity and honor of our beloved country." He then repeated the oath after Judge Hazel, and signed the certificate, as follows : United States of America, } ss Western district of New York. r '"'" I, Theodore Roosevelt, do solemnly swear that I will faith fully 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. Theodore Roosevelt. Subscribed and sworn to before me, this 14th day of September, a. d. 1901. [seal] John R. Hazel, U. S. J. The Administration of Theodore Roosevelt 285 Those present were Secretaries * Root, Hitchcock, Long, and Wilson, and Postmaster General Smith; Senator Depew; Judge Haight, of the Court of Appeals; John N. Scatherd; Mr. and Mrs. Ansley Wilcox ; Miss Wilcox, George P. Sawyer, Doctors Mann, Parke and Stockton; Mr. and Mrs. Carleton Sprague ; Mr. and Mrs. John G. Milburn ; Secretary William Loeb, Jr., Secretary George B. Cortelyou, Mr. and Mrs. Carey, R. T. Scatherd, J. D. Sawyer, and William Jeffers; and United States District Judge John R. Hazel, who adminis tered the oath. By the President of the United States of America. A Proclamation. To the people of the United States: A terrible bereavement has befallen our people. The Presi dent of the United States has been struck down ; a crime not only against the Chief Magistrate, but against every law- abiding and liberty-loving citizen. President McKinley crowned a life of largest love for his fellow men, of earnest endeavor for their welfare, by a death of Christian fortitude; and both the way in which he lived his life and the way in which, in the supreme hour of trial, he met his death will remain forever a precious heritage of our people. It is meet that we as a nation express our abiding love and reverence for his life, our deep sorrow for his untimely death. Now, therefore, I, Theodore Roosevelt, President of the United States of America, do appoint Thursday next, Septem ber 19, the day in which the body of the dead President will be laid in its last earthly resting place, as a day of mourning and prayer throughout the United States. I earnestly recommend all the people to assemble on that day in their respective places of divine worship, there to bow down in submission to the will of Almighty God, and to pay out of full hearts the homage * Secretaries Hay and Gage were in Washington. 286 Executive Register of the United States of love and reverence to the memory of the great and good President, whose death has so sorely smitten the nation. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, the fourteenth day of September, in the year of our Lord, one thou- [seal] sand nine hundred and one, and of the indepen dence of the United States the one hundred and twenty-sixth. THEODORE ROOSEVELT. By the President : John Hay, Secretary of State. The Administration of Theodore Roosevelt 287 Theodore Roosevelt, New York. William P. Frye, Maine, President pro tempore of the Sen ate. September 14, 1901, to Secretary of State. John Hay, of the District of Columbia, continued from McKinley's administration. Secretary of the Treasury. Lyman J. Gage, of Illinois, continued from McKinley's administration; resigned December 19, 1901; served to January 31, 1902. Leslie M. Shaw, of Iowa, nominated January 8, 1902 ; con firmed and commissioned January 9, 1902 ; entered upon duties February 1, 1902. Secretary of War. Elthu Root, of New York, continued from McKinley's ad ministration. Attorney General. Philander C. Knox, of Pennsylvania, continued from Mc Kinley's administration; nominated December 4, 1901; confirmed and recommissioned December 16, 1901. Postmaster General. Charles Emory Smith, of Pennsylvania, continued from McKinley's administration; resigned December 14, 1901; served to January 14, 1902. Henry C. Payne, of Wisconsin, nominated January 8, 1902; confirmed and commissioned January 9, 1902; entered upon duties January 15, 1902. 288 Executive Register of the United States Secretary of the Navy. John D. Long, of Massachusetts, continued from McKinley's administration ; resigned March 10, 1902 ; served to April 30, 1902. William H. Moody, of Massachusetts, nominated, confirmed and commissioned April 29, 1902; entered upon duties May 1, 1902. Secretary of the Interior. Ethan A. Hitchcock, of Missouri, continued from McKin ley's administration. Secretary of Agriculture. James Wilson, of Iowa, continued from McKinley's admin istration. APPENDIX 19 290 Executive Register of the United States THE DECLARATION OF INDEPENDENCE. In CONGRESS, July 4, 1776. The unanimous Declaration of the thirteen united States of America. When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have con nected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. — We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalien able Rights, that among these are Life, Liberty and the pur suit of Happiness. — That to secure these rights, Govern ments are instituted among Men, deriving their just powers from the consent of the governed. — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to insti tute new Government, laying its foundation on such princi ples and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Pru dence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpa tions, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies ; and such is now the Appendix 291 necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be sub mitted to a candid world. — He has refused his Assent to Laws, the most wholesome and necessary for the public good. —He has forbidden his Governors to pass Laws of im mediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so sus pended, he has utterly neglected to attend to them. — He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. — He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures. — He has dissolved Representative Houses re peatedly, for opposing with manly firmness his invasions on the rights of the people. — He has refused for a long time, after such dissolutions, to cause others to be elected ; whereby the Legislative powers, incapable of Annihilation, have re turned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of inva sion from without, and convulsions within. — He has endeav oured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreign ers; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. — He has obstructed the Administration of Jus tice, by refusing his Assent to Laws for establishing Judiciary- powers. — He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and pay ment of their salaries. — He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. — He has kept among us, in times of peace, Standing Armies without the 292 Executive Register of the United States Consent of our legislatures.— He has affected to render the Military independent of and superior to the Civil power. — He has combined with others to subject us to a juris diction foreign to our constitution, and unacknowledged by our laws ; giving his Assent to their Acts of pretended Legis lation: — For quartering large bodies of armed troops among us: — For protecting them, by a mock trial, from punishment for any Murders which they should commit on the Inhabitants of these States: — For cutting off our Trade with all parts of the world: — For imposing Taxes on us without our Consent: — For depriving us in many cases, of the benefits of Trial by Jury: — For transporting us beyond Seas to be tried for pretended offences: — For abol ishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies : — For taking away our Charters, abolish ing our most valuable Laws, and altering fundamentally the Forms of our Governments: — For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. — He has abdi cated Government here, by declaring us out of his Protection and waging War against us. — He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. — He is at this time transporting large Armies of foreign Mercenaries to eompleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. — He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to be come the executioners of their friends and Brethren, or to fall themselves by their hands. — He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruc tion of all ages, sexes and conditions. In every stage of these Appendix 293 Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our'Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and mag nanimity, and we have conjured them by the ties of our com mon kindred to disavow these usurpations, which, would in evitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguin ity. We must, therefore, acquiesce in the necessity, which denounces c*ir Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. — WE, THEREFORE, the Representatives of the UNITED STATES OF AMERICA, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our inten tions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be FREE AND INDEPENDENT STATES; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Indepen dent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance jOn the protection of divine Providence, we mutually pledge "• to each other our Lives, our Fortunes and our sacred Honor. 294 Executive Register of the United States fe cS "53 a o ^5 fe B co cb M C« co a. t3 H o o , o O o 'P Hi a s 3 03 tn a -j a fe fe Phfi CO H a Hi O 3 P5 a 3 a33U a o J3j -H HO 3 I t=H a c to 5 a EC C3 Eh ,q a1 'a o o o pi o pp PP o © 0 c3 Hj © X 33 o d O o a C4 ^ « s d Ho OK Ph a £ ISW o -H as ac3 13 fe -H a 0 a h © pp Hi O a S bo a LTJ a 4J Qo a .2 o H a a fe fe © © -d a C8 CO a fe > O MSB tf © w J-l M fe ro o o (fi Oj J3 6 o EH do d ¦a £ to cc 3 © 8=1 D COc ""i "d COo a 33 4-1 _¦ Hi fi H P Eh HX B -A 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 assembled 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. ARTICLE 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. THE better to secure and perpetuate mutual friendship and intercourse among the people of the 296 Executive Register of the United States different states in this union, the 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. ARTICLE V. FOR 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. NO 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 united 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. FREEDOM 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. ARTICLE VI. 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 ence, 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 Register 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 keep 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. NO state shall engage in any war without the consent of the united states in congress assembled, unless 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. ARTICLE VII. WHEN 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. ARTICLE 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 time 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. Whenever 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 Register of the United States executive authority 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 case 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 favour, affection or hope of reward : " 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 under 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 power 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 than one year in any term of three 302 Executive Register of the United States years; to ascertain the necessary sums of Money to be raised for the service of the united states, and to appropriate and apply the same for defraying the public expenees — 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 white 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 number 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 expenees 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, by 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. ARTICLE 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. ARTICLE 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 we 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 •2 d-§ -dco JD ° CO "O 0) 4, ^-2 rr) a) 'COQ lj 113 13 !§„ 1=^ l^f if* i^s t=| | i:i ifir nin m lis m m°t 5 oa hS o Sa? § w on on o ph S3C O CH 3 hhSS „!» h ^3 opo • Su «a3{Q |i« SisS^S S'gg g|gg| „ -c &S •sJ'E-S'S £•? ^SlSStg fes?^ «doS a a BE ISSz 513 £ 5^So 53 caoa h3PPh3 ?¦ cppja 3 S ol S § * o« d^3 20 306 Executive Register or the United States THE CONSTITUTION OE 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 Representatives. Section. 2. The House of Representatives 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 Qualifications requisite for Electors of the most num- A erous Branch of the State Legislature. No Person shall be a Representative 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. Representatives 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 within 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 Rep resentatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; 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 Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives 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 temporary 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 Register 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 A 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 Representatives, 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, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number 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 Nays 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 be sitting. Section. 6. The Senators and Representatives shall receive a Compensation for their Services, to be 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 Revenue 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 Register of the 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 Return, in which Case it shall not be a Law. Every Order, Resolution, or Vote to which the Concur rence of the Senate and House of Representatives 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 Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Section. 8. The Congress shall have Power To lay and col lect Taxes, Duties, Imposts 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 Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, 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 Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the ex clusive Right 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 Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules 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 Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress 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 Rebellion 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 312 Executive Register 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 Regulation of Com merce or Revenue 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 tbe 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 whatever, 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; pass 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. 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 Number 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 Register 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 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. 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 Resident 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 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. 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 he shall have Power to grant Reprieves 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 Recess 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 Respect 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 III. Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts 316 Executive Register of 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 Fact, 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. No 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, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records 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 with 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 Regulation 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 Rules and Regulations 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 Republican 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. 318 Executive Register 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 affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of it's equal 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 319 Article. VII. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution be tween the States so ratifying the Same. 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 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, G? Washington — Presid* and deputy from Virginia New Hampshire f John Langdon ( Nicholas Gilman Massachusetts Nathaniel Gorham Rufus King Connecticut W1? Sam^ Johnson Roger Sherman New York Alexander Hamilton New Jersey { Wil : Livingston David Brearlet. W^ Paterson. [ Jona : Dayton 320 Executive Register of the United States Pensylvania Delaware Maryland Virginia North Carolina South Carolina -<; Georgia B Franklin Thomas Mifflin Robt Morris Geo. Cltmer Tho? FitzSimons Jared Ingersoll James Wilson Gouv Morris ' Geo : Read Gunning Bedford jun ¦{ John Dickinson Richard Bassett I Jaco : Broom {James McHenrt Dan of St Tho? Jenifer Danl Carroll. i John Blair — ( James Madison Jr. {VPf. Blount Rich? Dobbs Spaight Hu Williamson 'J. Rutledge Charles Cotesworth Pincknet Charles Pincknet |^ Pierce Butler I William Few Abr Baldwin Appendix 321 In Convention Monday September 17th 1787. Present The States of New Hampshire, Massachusetts, Connecticut, Mr Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. Resolved, That the proceeding 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 Ratification; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled. Resolved, 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 Repre 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 Repre 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. 21 322 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 number 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: RESOLVED 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* Articles 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 Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand per sons. Article the second. . .No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives 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 property, 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 twelfth . . . 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. Frederick Augustus Muhlenberg Speaker of the House of Representatives. John Adams, Vice-President of the United States, and President of the Senate. Appendix 325 Attest, John Becklet, Clerk of the House of Representatives. 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 hundred and ninety-three. Resolved by tbe 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 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. Frederick Augustus Muhlenberg Speaker of the House of Representatives. I Vice President of the United States ' | and President of the Senate. John Beckley, . . . Clerk of the House of Eepre- 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 Register of the United States EIGHTH CONGRESS 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 October, one thousand eight hundred and three. Resolved by the Senate and House of Representatives 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 perr 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 327 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 Representatives 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 eligibre to that of Vice-President of the United States. Nathl Macon Speaker of the House of Representatives. A. Burr Vice-President of the United States, and President of the Senate. Attest — John Beckley. — Clerk of the House of Representatives. 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. 328 Executive Register of the United States A RESOLUTION Submitting to the legislatures of 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 fhe several States as an amendment to the constitution of the United States, which, when ratified by three-fourths of 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 power 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. Forney 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 Monday, 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 Resolution 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. Representatives 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, Representatives 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 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 Representative 330 Executive Register 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 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 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 Representatives. La Fayette S. Foster, President of the Senate pro tempore.. Attest. Edwd McPherson. Clerk of the House of Representatives. J. W. Forney 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 RESOLUTION Proposing an amendment to 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 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 — Schuyler Colfax Speaker of the House of Representatives. B. F. Wade President of the Senate pro tempore. Attest : Edwd McPherson Clerk of House of Representatives. 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 t 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 XII, 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 Gensral, 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, 12S; 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, Jesse 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 o'f 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 Commission, 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 War, 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. Cushing, Caleb, nominated and rejected as Secretary of Treasury, 131; Attorney General, 156, 160. Cushing, William, to administer oath to President, 49. 22 338 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 tempore 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 F., 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 Jaauary 29, 1877, 212; act of February 3, 18S7, 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. Elkins, 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. Errett, 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, Thomis, 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, votes 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, Secretary1 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, 177; votes for, as President, 188, 202; President, 189, 203; sends mes 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, Frank 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 Tor, 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, as 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. JefCers, 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 Presidant, 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, 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 interim, 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 tempore 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. McCrary, 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. 344 Index McHenry, James, Secretary of War, 52, 58. McKenna, Joseph, 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 pro 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 ad interim, 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, 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, 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 Aid. 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., Secretary of Interior ad interim, 251. Navy Department, act establishing, 59, 238. Navy, Secretary of, act providing for, 59; his term of office, 179, 191; to 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. Olney, Richard, Secretary of State, 269, 275; Attorney General, 270. Osgood, Samuel, Postmaster General, 9. Otto, William T., Secretary of Interior ad interim, 191. Palmer, John M., votes for, as Vice President, 202. Parke, Roswell, present when 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 F., Attorney General ad interim, 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. Pierrepont, 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 office, 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 pro tempore 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, 268, 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, 175; 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,-225. Sees. 147 to 151,-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 ad 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 ad interim, 204. Rodgers, John, Secretary of Navy ad interim, 96. Rodney, Caesar A., Attorney General, 73, 78. Rodney, Daniel, votes 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 ad 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, 100. Sawyer, George P., present when President Roosevelt took oath, 285. Sawyer, J. D., present when President Roosevelt took oath, 285. Scatherd, John N., present when President Roosevelt took oath, 285. Scatherd, 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 ad 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 administered 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, John D., Secretary of Navy ad interim, 124, 132. Skinner, St. John B. L., Postmaster General ad interim, 190. Smith, Caleb B., Secretary of Interior, 167. 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, 228. 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, 166, 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, 160, 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, who 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 349 Stockton, Lucius H., nominated Secretary of War, 58. Stockton, Richard, votes for, as Vice President, 92. Stoddert, Benjamin, Secretary 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, Alphonso, Secretary of War, 204; Attorney General, 204,222. Taney, Roger B., Secretary of War ad 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; member 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 ad 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 President, 128; President, 130. Tyner, James N., Postmaster General, 205, 222. 350 Index Uhl, 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, 60, 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 Department 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, 274, 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, 118; Secretary of State, 123, 130, 150; certifies death of President Harrison, 124; notifies Vice President Tyler of death, 128. Webster, Fletcher, certifies death of President Harrison, 124; carries notice of death to Vice President Tyler, 128. Welles, Gideon, Secretary of Navy, 167, 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, Hugh Lawson, President pro tempore of Senate, 107 ; votes for, as President, IIS. 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, 2S5. 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 committee to provide for counting 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.