nation, among contending powers. Multiplied engagements and contradictory treaties go to prevent this blessing and invite a nation in foreign quarrels. China, geographically speaking, may be called the counterpart to our American world. Oh, that we could make her policy the political model of our conduct with respect to other nations-ready to dispose of her superfluities to all the world! She stands committed by no engagement to any foreign part of it; dealing with every comer, she seems to say, 'We trade with you and you with us, while common interest sanctifies the connection; but, that dissolved, we know no other engagement'." 14

Ames, famous later for his Jay Treaty speech, answered the isolationists: "The United States is a member of the society composed of the assemblage of all the nations of the earth; and it is impossible, as a member of this great society, but that there ever will be a natural obligation to maintain an intercourse with them." 15 Sedgwick "was of opinion that the commerce of America would flourish under the new Government, and, as that extended, he apprehended the necessity of maintaining this officer would increase; Madison thought that the power to grant salaries "always secured to the House its due proportion of the powers of Government." 17 Carroll withdrew his motion, the clause respecting the salary was struck out, and the bill reported. Next day in the House Carroll renewed his motion, but lost on it. The debate began again on the power of removal, which was finally reexpressed, by a vote of 30 to 18, so as to avoid the implication of a legislative grant of power to the President, although this reference of the power back to the Constitution made it even more objectionable to the opposers of it. There was no debate upon the powers and duties of the secretary and the bill was sent up to the Senate by a vote of 29 to 22 on June 24.

The Senate received the bill the same day, considered it on July 14-17, and passed it on the 18th with amendments, to which the House agreed on the 20th. In the Senate there was an effort to strike out the clause about the removal by the President, which was lost, 10 to 9, by the Vice President's casting vote; and the motion to substitute for the detailing of the secretary's duties merely the "duties of his office with integrity, ability, and diligence" was lost, as was also a motion to strike out the appointment of the chief clerk by the secretary; but by a vote of 10 to 9 the necessity that the President approve such appointment by the secretary was omitted.

Maclay in the Senate expressed the fear that these bills establishing departments tended "to direct the most minute particle of the

FOREIGN DEPARTMENT

337 President's conduct. If he is to be directed, how he shall do everything, it follows he must do nothing without direction. To what purpose, then, is the executive power lodged with the President, if he can do nothing without a law directing the mode, manner, and, of course, the thing to be done? May not the two Houses of Congress, on this principle, pass a law depriving him of all powers?" 18 As a substitute he suggested that when the President thought such or such an officer necessary in the execution of the government he should inform the Senate and nominate a man for it. If the Senate consented to the appointment, then the President would notify the House of the need of a salary, and by withholding the salary the House could interdict the department. The President gave his approval of the bill on July 27, 1789.

It is a short act in four sections. It assigns to the secretary such duties as the President should enjoin or intrust "agreeable to the constitution" relative to foreign affairs, the department being conducted according to the orders or instructions of the President. Section two provides for a chief clerk to be appointed by the secretary, who "whenever the said principal officer shall be removed from office by the President," or through other vacancy, should have charge of the records of the office. Maclay, the suspicious, saw in this an attempt to give the President the power to "exercise this office without the advice and consent of the Senate as to the affair." All he had to do was to get a clerk appointed that he wanted, there being no need of Senate approval of this, and then remove the secretary and neglect to appoint another one. "The objects ostensibly held out by the bill are nugatory. The design is but illy concealed." 19 This design he indicated on another occasion: "I entertain no doubt but that many people are aiming with all their force to establish a splendid court with all the pomp of majesty." 20 The two other sections put the two officials under oath, and direct that the department have charge of the records and papers of the old Department of Foreign Affairs. There is no mention of salaries.

DEPARTMENT OF STATE

ONE OF the departments mentioned above was that of home affairs. Vining renewed the resolution for this on July 23, 1789. Some of the duties of the head of it should be to correspond with the states, see to the execution of the laws, be custodian of the seals and public acts, and also of the papers of the Old Congress, look out for post roads and report on the need of new ones, manage the census, have charge of territorial affairs, copyrights, and patents. He

pointed out that these important duties had not been included in the services of the three departments then already provided for. Vining's motion was defeated, as was also Sedgwick's motion to intrust several of these functions to the Department of Foreign Affairs; but on July 27 the report of a committee respecting the enrolment, attestation, publication, and preservation of the acts of Congress, included the suggestion of a committee to prepare a bill "to provide, without the establishment of a new department" for the safe-keeping of acts, records, and seals, for the authentication of records and papers, with proper fees for copies of them, and for the publication of acts. Sedgwick was chairman of the committee appointed for this purpose, which reported the bill on July 31. It was not considered in the House until August 25, but was sent to the Senate on the 27th, which body returned it amended on September 7. The House agreed and it became a law on September 18, 1789.

It provided that the Department of Foreign Affairs should be called the Department of State and its head secretary of state; that as additional duties the secretary should be custodian of the laws and see to their publication, make out all commissions to officers appointed by the President, have charge of the seal of the United States (the one used by the Old Congress being taken over) and affix it to such commissions but to no "other instrument or act, without the special warrant of the President therefor." 21 By later acts copies of copyrighted books were to be deposited with the secretary of state, but he had no hand in granting the copyright; while he and the secretary of war and attorney general should grant patents. No control over the administration of the territory was given him when the Ordinance of 1787 was taken over, or when the Territory South of the Ohio was organized. The first census was taken by the district marshals.

WAR DEPARTMENT BILL

THE SECOND of the bills brought in by the Baldwin committee was that for a Department of War. It was considered in the committee of the whole only during part of June 24 and 25, and the bill was sent up to the Senate on the 27th. There it was read the first time on July 6, but not really considered until August 3 and sent down to the House the next day amended. The House agreed to the amendments on August 5. There was an effort in the Senate to strike out the inclusion of naval affairs, which was rejected, as was also by 10 to 9 again, though without the Vice President's vote, the attempt to strike out from this bill the President's sole power of removal. Between the two votes on this subject in the Senate the New York Senators had

taken their seats, and they favored the presidential power. In this bill as in the earlier one the Senate struck out the presidential approval of the appointment of the assistant secretary. The President made the bill a law on August 7, 1789.

It, like that for the Department of Foreign Affairs, is brief. It authorizes a principal officer to be called the "Secretary for the Department of War," who should perform such duties as the President might enjoin relative to military and naval affairs, Indian affairs, and grants to veterans, and who should take over the papers of the old War Department. Nothing is said of the manner of appointment of the secretary, but the President's right to remove him is implied in the statement of duties of the chief clerk. While under the Confederation the officer was called secretary at war, under the new organization, in spite of the official title as here given, he has always been secretary of war. Maclay called the office and appointment of the secretary in time of peace a mad act.

TREASURY DEPARTMENT BILL

THE ESTABLISHING of the Treasury Department was evidently considered a more serious matter; but even so it was quickly provided. The bill came up on June 25 and at once debate flashed up on the duty of the secretary to "digest and report plans for the improvement and management of the revenue, and the support of the public credit." Ames wrote Minot that day: "A puerile debate arose, whether the Secretary of the Treasury should be allowed to exhibit his reports and statements to the legislature. The champions of liberty drew their swords, talked blank verse about treasury influence, a ministry, violation of the privileges of the House by giving him a hearing from time to time. They persevered so long and so furiously, that they lost all strength, and were left in a very small minority. The clause, permitting this liberty, passed." 22 The objections seemed to be that it was a violation of the constitutional privilege of the House to initiate money bills, and because the secretary might appear on the floor of the House for his purposes. Page insisted that "it would establish a precedent which might be extended, until we admitted all the ministers of the Government on the floor, to explain and support the plans they have digested and reported: thus laying a foundation for an aristocracy or a detestable monarchy." 23 To which Ames, Sedgwick, Madison, and others replied by inquiring whether there should be any such officer if the House were not to profit by his expert knowledge and suggestions. FitzSimons proposed as a

sop that the secretary be authorized merely to "prepare" but not to "report" plans, and this was carried.

This matter of the head of a department appearing on the floor in Congress came up later for decision. When Hamilton had his report on finances ready for the second session of Congress it was proposed to have him explain it orally, but because of the intricacy of it the decision was in favor of writing. At that time the fear of executive influence was not a feature of the debate. In the Second Congress, however, under Madison's leadership, he having by that time begun to develop his anti-administration opinions, the adverse decision was in part at least based upon this fear. On November 13, 1792, in this Second Congress a motion was also defeated in the House which called for the informing of the secretaries of treasury and war that the House was to consider St. Clair's defeat by the Indians, "to the end that they may attend the House, and furnish such information as may be conducive to the due investigation of the matters 23 The decision was final: the only appearance

of a secretary on the floor of a house, otherwise than merely as a messenger in a few instances in the Senate in 1789, was that of Jay at an executive session of the Senate on July 22, 1789 (see p. 394), and Knox's appearance with Washington later in that session.

Madison called attention to the importance of the comptroller in the treasury bill, especially to the "judiciary quality" of his aid, and in order better to secure "his impartiality, with respect to the individual," proposed to have the appointment one for a limited period, subject meanwhile to removal by the President and impeachment, but privileged to reappointment. He withdrew this, however, and Burke proposed an additional clause, suggested earlier by Boudinot, prohibiting persons connected with the department from being concerned in commerce or speculating in public funds, which was carried on June 30; and on July 2 the bill went up to the Senate.

There it was considered, ahead of that establishing the War Department, on July 30, and returned to the House amended on July 31. These amendments provided for the appointment of the assistant secretary by the secretary, in harmony with the appointments in the other two departments, where, however, there were no other presidential officials like the comptroller, auditor, treasurer, and register of the Treasury Department. The House had provided for the appointment of the assistant secretary by the President. The Senate also struck out the clause about the assistant's having charge of the papers and records whenever the President removed the secretary or there was otherwise a vacancy, and made some changes