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and record the census; to receive reports respecting the Western territory; to receive the models and specimens presented by inventors and authors; to enter all books for which patents are granted; to issue patents, &c.; and, in general, to do and attend to all such matters and things as he may be directed to do by the President.*

The proposition met with little favor. Benson, of New York, thought "the less the government corresponded with particular states the better;" and White, of North Carolina, gave it as his opinion that correspondence with States was the business of the Chief Executive, and it belonged to the judiciary to see that the laws were executed. The great seal might be kept by the Secretary of Foreign Affairs, and the lesser seal also. Commissions should be made out by the departments under which the appointees were to serve. The public acts could be sent to the Executives of the States by the officers of Congress. Post roads properly belonged

*Annals of Congress, I, 666.

†There was no lesser seal, nor was one ever authorized.

under the supervision of the Postmaster-General, and it was hardly necessary to establish a great department for the purpose of receiving the models, specimens, and books presented by inventors and authors.

To this Vining replied that the duties mentioned in his resolutions were necessary, but that they were foreign to each of the departments projected. He thought they could best be performed by a confidential officer under the President.

As soon as the resolutions had been defeated, Theodore Sedgwick, of Connecticut, moved

That a committee be appointed to bring in a bill supplementary to the act for establishing the Department of Foreign Affairs, declaring that department to be hereafter denominated and that the principal officer in that department shall have custody of the records and seal of the United States, and that such bill do contain a provision for the fees of office to be taken for copies of records, and further provision for the due publication of the acts of Congress, and such other matters relating to the premises,

as the Committee shall deem necessary to be reported to this House.

This motion was also lost, but July 31 Sedgwick introduced a bill "to provide for the safe keeping of the acts, records, and great seal of the United States, for the publication, preservation, and authentication of the acts of Congress &c," which was read the third time and passed August 27.* It was reported to the Senate the next day, referred to a committee composed of Rufus King, William Patterson, and George Read, concurred in with slight amendments+ September 7,‡ reported back to the House and agreed to the following day.§ The President signed it the 15th. This was the bill establishing the Department of State. It read as follows:

An act to provide for the safe keeping of the acts, records, and seal, of the United States, and for other purposes. (Sect. 1.) Be it enacted by the senate and house of repre

*Annals of Congress, I, 674 et seq.

+U. S. Senate MS. archives.
Annals of Congress, I, 73, 74, 75.
Ibid., 886.

sentatives of the United States of America in congress assembled, That the executive department, denominated the department of foreign affairs, shall hereafter be denominated the department of state, and the principal officer shall hereafter be called the secretary of state.

(Sect. 2.) And be it further enacted, That whenever a bill, order, resolution, or vote, of the senate and house of representatives, having been approved and signed by the president 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 in the United States, and shall also cause one printed copy to be delivered to each senator and representative of the United States, and two printed copies, duly authenticated, to be

sent to the executive authority of each state; and he shall carefully preserve the originals, and shall cause the same to be recorded in books to be provided for the purpose.

(Sect. 3.) And be it further enacted, That the seal heretofore used by the United States in congress assembled, shall be, and hereby is declared to be, the seal of the United States.

(Sect. 4.) And be it further enacted, That the said secretary 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 instrument or act, without the special warrant of the president therefor.

(Sect. 5.) And be it further enacted, That the said secretary shall cause a seal of office to be made for the said department, of such device as the president of the United. States 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.

(Sect. 6.) And be it further enacted, That there shall be paid to the secretary, for the use of the United States, the following fees of office, by the persons requiring the ser

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