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THE HISTORY OF THE DEPARTMENT OF STATE

VI

SUBDIVISIONS OF THE DEPARTMENT

I

When the old government gave place to the new in 1789 the state papers of the old Congress were placed in the hands of Roger Alden and Henry Remsen, the former having those which related to domestic affairs, the latter those relating to foreign affairs. The papers were turned over to the Secretary of State when his department was created, excepting those pertaining to the Treasury and War Departments which were delivered to the heads of those departments. (Sec. 7, Act of September 15, 1790.) When John Jay assumed temporarily the direction of the Department of State he put Remsen in charge of the foreign affairs of the Department and Alden in charge of its domestic duties; and when Jefferson entered upon the office of Secretary of State he confirmed this arrangement, and the heads of these subdivisions held equal rank. His estimates for the expenses of his Department in 1790 were for "The Home Office" and "The Foreign Office;" but after Alden's resignation on July 25 of that year the arrangement of a single chief clerk, which the law had originally contemplated, was effected, and the two divisions of the Department were merged under Remsen.2 In 1802 William Thornton was put in charge of the Patent business of the Department and that became the first distinct and permanent subdivision. He took the title of Superintendent soon after his appointment, but there was no statutory recognition of the designation until the appropriation act of 1818 provided for his salary as superintendent. The first specific appropriation for the salaries

1 Am. Journal of Int. Law, July, 1908, p. 605.

2 Am. Journal of Int. Law, January, 1909, p. 147.

3 3 Stat. 445.

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of the secretary and officers (clerks) of the Department was for the year 1792 and amounted to $6,300; for 1793 it was $8,150; for 1794, $9,661.67; for 1795, $11,721.79. The compensation of the chief clerk had been fixed by law at $800, but the Act of 1794 gave him an additional allowance of $200.8 No clerk could be paid more than $500 under the law, until the Act of 1795 permitted the Secretaries of State, Treasury. and War to vary the compensation according to the services performed, keeping the whole expenditure within the appropriation, but no chief clerk was to receive more than $1,000. In 1797 the appropriations had risen to $16,497.64.10 In 1799 the salary of the Secretary was increased to $5,000,11 and in 1801 there was an appropriation of fifteen per cent over the amount appropriated in 1799 to the clerks in the several departments.12 Following this provision, on June 25, 1801, the clerks addressed Secretary Madison asking him to apportion the extra allowance among them.13 The extra allowances occasionally provided by law were the only compensation received by the clerks beyond their regular salaries, and the custom which prevailed in England among the clerks in the Foreign Office of receiving pecuniary gifts from foreign ministers never became the practice in WashingThe expectations of such gifts in London are indicated by the following letter to Rufus King, American Envoy at London, dated January 15, 1800:

ton.

The Clerks of the Foreign Office present their respects to Mr. King and have taken the liberty of directing the Bearer Mr. Turner to wait upon His Excellency for the Christmas gratuity usually given to them by the Foreign Ministers.11

41 Stat. 226.

51 Stat. 327.

61 Stat. 342.

71 Stat. 406.

1 Stat. 392.

1 Stat. 443.

101 Stat. 498.

11 1 Stat. 729.

12 2 Stat. 117, 119.

13 Madison Papers, Library of Cong. MSS.
14 Dept. of State, MSS., Passport Letters, I.

de the organie a of the Sesamment gender far the thef Merk thond se asociated the heart of the Denar mer Spa 2 Set of Avg 2. 10, in vem de inferir nens angeined by him and timely responsible to 1..11. The power of the President as the aead of the exemte francy of the grammet vis ar innamated * by the arrangement, noveren, as he nier vil Essen servetary to appoint or remore texts whenever he senli thorse Tale power has been exerted freeir by some Presidents and not at all by onsen, rue freq tener and extent of the use depending upon the varying diapositions of Presidents and dimmstances which wem to ma.. for the exemise of the power. Two examples **** to Diverte

The Art is from Andrew Jackson:

The President with hia respecta to the Secretary of State, begs leave to draw nia attention to a regulation adopted by the President as the commencement of nie administration, to wit, that where any coăcer under the Gonemment contracted denna and falled to pay them, but took the temelt of the insolvent dentore act, he soculd be forthwith removed — report has been made that exch violations of the rule has been made in the patent office; you will cause the necessary inguines to be made, in your Department, and report the same to me, that such clerks may be removed The enquiry will only be to deste contracted under the present administration and not before.

Hir:

August 1st, 1831.15

WASHINGTON, August 6, 1831.

Lemuel W. Ruggles Esq., clerk in the "Patent Office." is hereby dismissed from office as it has been reported to me that he has taken the benefit of the Insolvent Debtors' Act for debts contracted during my administration. The heads of Departments are charged to report all clerks, who are guilty of the same conduct, to the President for dismissal. Very Respectfully,

Secretary of State.15

ANDREW JACKSON.

A second example was furnished in 1885 when Thomas F. Bayard, the Secretary of State, required the chief clerk, Sevellon A. Brown, to resign, saying that the President had directed him to make the request.

15 Papers from the President, 1825 to 1832, Dept. of State. MSS. 16 Papers from the President, 1825 to 1832. Dept. of State, MSS.

The executive staff of the Department in 1790 has already been given in a previous number of the JOURNAL.17 It varied little from year to year, separations from the service being few. In 1800, with the annual salaries received, it was as follows:

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The Act of April 21, 1806,19 required the Secretary of State to report to Congress at the beginning of each year the names of the clerks employed and the sums paid each; and this report of the Secretary also indicated the duties performed by each.

REPORT.

IN pursuance of the act of Congress, entitled "An act to regulate and fix the compensation of clerks," &c. the secretary of state has the honor to report to Congress, the annexed list of the persons employed in his office, and to state that the business of the department generally is in a state of progressive increase; that particularly the business relating to patents issued for useful arts, has increased at the rate of doubling in four years; and that patents for lands, and the business attending the impressment of American seamen, have also much increased. It is his opinion, therefore, that the public service would be promoted by a provision, at least sufficient for the employment of an additional clerk. All which is respectfully submitted.

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JAMES MADISON.

List of the names and compensation of the persons employed in the Department of State, in the year 1806, viz.

Mr. WAGNER, $2,000.

The chief clerk distributes the business among the others, and superintends its execution, under the direction of the secretary. His active duties are diversified according to the nature and pressure of the general business of the department; and among them may be particularized his assistance in its correspondence upon minor subjects.

Mr. BRENT, $1,000.

In conjunction with Mr. Smith, he attends to the business of impressed seamen, and assists in collating the laws preparatory to their publication, which he superintends.

Mr. THOM, $881.

Makes out and records Virginia military land patents; pays the awards under the seventh article of the British treaty, so far as they are payable in the department, and keeps the contingent accounts of the department.

Mr. PLEASONTON, $906.

Makes out and records patents for military bounty lands: for lands in John Cleves Simmes' tract; exequaturs for consuls; all civil commissions, and commissions for militia officers within the district of Columbia; records the correspondence with our ministers in foreign countries, and transmits the laws to the printers for promulgation.

Mr. SMITH, $800.

Records all the correspondence, except that with the ministers abroad, and in conjunction with Mr. Brent, attends to the business relative to impressed seamen, and to collating the laws, previous to their publication.

Mr. FORREST, $800.

Makes out and records patents for lands sold under the direction of the registers; and also, passports for citizens going abroad. His knowledge of the French language, which he speaks, is found an useful quality. Mr. I. GARDNER, for occasional service in filling up and record-) ing land patents,

$25

Among other business too various to be detailed, there is a considerable quantity of copying, particularly of correspondence with our ministers and agents abroad, frequently including voluminous documents: This is performed by the gentlemen of the office, according to the state of their other engagements, without its being the stationary business of any.

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