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vices 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 seal of office, twenty five cents.

(Sect. 7.) And be it further enacted, That the said secretary 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 assembled; 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.)

This Act was supplemented by the following:

Resolved, That it shall be the duty of the Secretary of State to procure, from time to time, such of the statutes of the several states as may not be in his office.

(Approved, September 23, 1789.)

And so much of the Act of July 27, 1789, as

related to an Acting Secretary was changed by the following:

And be it further enacted, That in case of the death, absence from the seat of government, or sickness, of the Secretary of State, Secretary of the treasury, or of the secretary of the war department, or of any officer of either of 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 persons, at his discretion, to perform 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, 1792)

This was, in its turn, modified in 1795.

Be it enacted, etc., That, in case of vacancy in the office of Secretary of State, Secretary 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 persons, at his dis

cretion, 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 supplied, in manner aforesaid, for a longer term than six months.

Approved, February 13, 1795.

Early in June, 1789, while the old Department of Foreign Affairs still existed, Washington wrote to Jay, asking for "some informal communication from the office of Secretary for Foreign Affairs;"* and, after the new Department was formed, and had been enlarged into the Department of State, Jay continued at its head, although his nomination was not sent to the Senate, and he held no commission as Secretary of State. In view of the opinion expressed by Jefferson soon after he entered upon the duties of Secretary of State,† it may be doubted whether Jay did not become Secretary of State in the natural course of events, although he never received a formal appointment to the office.

*Correspondence and Public Papers of John Jay, III, 369.

† See p. 67.

The records intended for the Department Charles Thomson had had in his keeping as long as the old Congress lasted; but they were, upon his resignation, delivered to Roger Alden by ofder of Washington. "You will be pleased, Sir," Washington wrote Thomson July 24, "to deliver the Books, Records and Papers of the late Congress-the Great Seal of the federal Union—and the Seal of the Admiralty, to Mr. Roger Alden, the late Deputy Secretary of Congress, who is requested to take charge of them until further directions shall be given."

Information of the law authorizing the new Executive Department of Foreign Affairs was conveyed by the President to the Governors of the several States July 5, and September 21 they were informed of the passage of the Act making it the Department of State. A few days later Jay was nominated to be Chief Justice and Thomas Jefferson to be Secretary of State, and both were commissioned September 26.

Department of State MS. archives.

Jay accepted at once, but continued to discharge the duties of Secretary of State for some months. Under date of October 13, Washington informed Jefferson of his appointment, and added that "Mr. Jay had been so obliging as to continue his good offices." Mr. Alden, he said, had the State papers and Mr. Remsen those relating immediately to foreign affairs.*

When this letter was written, Jefferson had not yet returned to America from his mission to France. Upon his arrival Jay wrote to him, December 12, congratulating him upon his appointment and recommending to him favorably "the Young gentlemen in the office." Jefferson accepted the office in the following letter to the President:

Sir

Monticello Feb. 14. 1790

I have duly received the letter of the 21st of January with which you have honored me, and no longer hesitate to undertake the office to which you are pleased to call me.

* Department of State MS. archives.

†Correspondence and Public Papers of John Jay, III, 381.

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