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State Department.

I. OF THE SECRETARY OF STATE.

[See CLERKS. DEPARTMENTS.]

1. Department of foreign affairs established. Duties of secreLary.

2. Records of the former department to be delivered to him. 3. Title changed to department of state.

4. Laws, &c., to be published and recorded by the secretary. 5. Great seal.

6. To be affixed to commissions, when signed by the president. 7. Seal of the state department.

8. Fees of office.

27 July 17891. 1 Stat. 28.

foreign affairs established.

tary.

9. Disposition of the records of the congress of the confede ration. II. OF THE ASSISTANT SECRETARY.

10. Assistant secretary to be appointed. Salary and duties.

III. OF THE OFFICERS OF THE STATE DEPARTMENT.

11. Chief clerk.
12. Officers to be sworn.

I. OF THE SECRETARY OF STATE.

1. There shall be an executive department, to be denominated the department of foreign affairs; and there shall be a principal officer therein, to be called the secreDepartment of tary for the department of foreign affairs, who shall perform and execute such duties as shall from time to time be enjoined on or intrusted to him by the president of the United Duties of secre- States, agreeably to the constitution, relative to correspondences, commissions, or instructions to or with public ministers or consuls, from the United States, or to negotiations 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 respecting foreign affairs, as the president of the United States shall assign to the said department; and furthermore, 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.

Ibid. 24.

Records of the

former depart livered to him.

ment to be de

15 Sept. 1789 2 1. 1 Stat. 68.

Ibid. 2.

Laws, &c., to be

2. The secretary for the department of foreign affairs, to be appointed in consequence of 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 foreign affairs, heretofore established by the United States in congress assembled.

3. The executive department, denominated the department of foreign affairs, shall hereafter be denominated the department of state, and the principal officer therein shall hereafter be called the secretary of state.

4. 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 published and re- having been returned by him with his objections, shall become a law, or take effect, it corded by the Becretary. 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 have last 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:] (a) 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.](b)

Ibid. 23.

Great seal.

Ibid. 24.

To be affixed to

commissions, when signed by the president.

5. 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. (c)

6. 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.

Ibid. 25. 7. The said secretary shall cause a seal of office to be made for the said department Seal of the state 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. (d)

department.

6) Clause within brackets repealed, by act 2 March 1799 24. 1 8tzt. 725. For the publication of the laws, see tit. "Acts of Congress,"

(4) This last clause is repealed by act 7 July 1838. 5 Stat. 302. (e) See tit. "Seals."

(d) The records of the war, navy, treasury and post office de

partment, and the attorney-general's office, may be certified ́¤ the same manner by act 22 February 1849. See tit. "Evidence," 17. Also those of the department of the interior, by act 31 May 1854 2. 10 Stat. 297. And see United States v. Cutter, 2 Curt C. C. 627.

8. There shall be paid to the secretary, for the use of the United States, the following 15 Sept. 1789 § 6. fees of office, by the persons requiring the services to be performed, except when they Fees of office. 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.] (a)

Ibid. 27.

congress of the

9. 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 Disposition of the and papers remaining in the office of the late secretary of the United States in congress records of the assembled. And such of the said books, records and papers as may appertain to the confederation. 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. II. OF THE ASSISTANT SECRETARY.

10 Stat. 212.

10. An officer shall be appointed (b) in the department of state, to be called the assist- 3 March 1853 ? 6. ant secretary of state, whose salary shall be three thousand dollars per annum, payable in the same manner as that of the secretary of state, who shall perform all such duties Assistant secrein the office of the secretary of state, belonging to that department, as shall be prescribed pointed. by the secretary of state, or as may be required by law.

III. OF THE OFFICERS OF THE STATE DEPARTMENT.

tary to be ap

1 Stat. 29.

11. There shall be in the said department, an inferior officer, to be appointed by the 27 July 1789 8 2. 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, (c) and who, whenever the said Chief clerk. 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.

Ibid. 3.

12. The said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office or employ- Officers to be ment, take an oath or affirmation, well and faithfully to execute the trust committed to sworn. him.

a) Clause within brackets repealed, by act 23 April 1856. 11 Stat. 5. (b) Appointments, provided by act of congress, merely in general

terms, as here, must be made by the president by and with the
advice and consent of the senate. 6 Opin. 1.
(c) See tit. "Clerks," 17.

Steamboats.

[See PASSENGERS. SHIPPING.]

1. REGISTRY, LICENSING AND ENROLLING OF STEAMBOATS.

25. To inspect annually the hulls of passenger boats. And see

1. Steamboats owned by aliens resident may be enrolled and that the provisions of the act have been complied with. licensed. Conditions.

2. Owners to give bond.

26. To inspect boilers annually. Mode of inspection. Safety valves. Gauge cocks, water and steam gauges. High pressure

3. Enrolments, &c., of vessels owned by corporations, to issue engines to have fusible plugs.

in name of president, &c.

4. And registers.

5. New register, &c., to issue on change of officers.

6. Oath of ownership may be made by president, &c.

7. Form of oath.

27. Maximum pressure allowed to high pressure boilers. What excess to be applied in testing. Maximum of low pressure boilers. Working pressure to be fixed. Not to be worked beyond the pressure allowed. Defective boilers not to be approved.

28. Inspectors to sign certificate. Form of certificate. To be

8. Penalty for transporting passengers or freight, without verified by oath. Reasons for refusing certificate to be given. license, &c.

II. CONSTRUCTION AND EQUIPMENT OF STEAMBOATS.

9. Not to be registered, unless provided with additional steering apparatus.

10. How far hempen tiller ropes may be used. Chains to be attached to tiller yoke.

11. Certain freight boats, on the lakes, need not have fire engine, &c., nor more than one long-boat.

12. No license, register or enrolment to issue to passenger boats, until compliance with this act.

13. Inspectors to examine that suitable provisions are made against fire. In what manner. When construction may be

varied.

14. To be furnished with forcing pumps and hose. 15. What boats to be provided.

16. Life preservers and floats. Fire buckets and axes. 17. Means of access to the upper deck.

18. When substitute for metallic life boat may be allowed.

III. CONSTRUCTION OF BOILERS.

19. Boilers to be made of stamped plates.

20. Inspectors to examine boilers. Quality of material, &c. 21. Plates, how to be stamped.

22. Penalty for using unstamped plates.

29. Licenses to carry dangerous articles. When revocable.
30. Record to be kept of certificates, licenses, &c.
31. Engineers and pilots to be licensed, &c.

32. Engineers to be examined by inspectors. Certificate to be
granted.
33. Pilots to be examined. License to be issued. In case of
refusal supervising inspector to re-examine. And also, on refusal
of certificate of approval.

34. Penalty for employing unlicensed engineer or pilot. Except temporarily.

35. Inspectors to examine steamboats at other than annual inspections. May order repairs. Appeal to supervising inspector. Liability during pendency of appeal. Where repairs to be made. Acts of one board not to be annulled by another. 86. Inspection where no board is established. 37. Power to compel attendance of witnesses. licenses. Pay of witnesses.

38. Inspectors to report.

To suspend

39. Engineers, pilots and mates to assist inspectors. 40. This act not to apply to certain cases. Who to inspect mail steamers.

V. DUTIES OF CUSTOM HOUSE OFFICERS.

41. Collectors, &c., to report licenses granted or refused. 42. Collectors, &c., and inspectors, to enforce this act. Penalty 43. To file original certificates, and give two copies. One to be placed in a conspicuous place on the vessel. Penalty for violation of the provisions of the act.

23. Penalty for counterfeiting stamps, &c.; falsely stamping for neglect. plates; or using the stamp of another person, &c.

IV. INSPECTION OF STEAMBOATS.

24. Appointment of inspectors. Inspector of hulls. Inspector of boilers. Their duties.

44. To receive fees for inspection, before issuing licenses. Fees for inspection of vessels. Fees for engineers' and pilots' licenses.

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55. Vessels to be brought to, when deemed in danger by pilot or engineer. Responsibility in such case of master, &c.

56. Rules for passing vessels to be established and posted. Penalty for neglect.

57. Liability of master and owner for injuries to passengers. VIII. PENAL PROVISIONS.

58. Penalty for receiving excess of passengers. For want of proper accommodations and detentions. Vessel to be released on bond.

59 Penalty for loading valves, &

60. Penalty for permitting water in the ooiler to fall too low.

12 March 1812 21. 2 Stat. 694. Steamboats owned by aliens

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75. To inspect where there is no board. No inspector to act where he is interested.

76. To collect information. And report to the secretary of the treasury.

77. Secretary to prepare and publish interrogatories. And report to congress.

I. REGISTRY, LICENSING AND ENROLLING OF STEAMBOATS.

1. A steamboat employed, or intended to be employed only in a river or bay of the United States, owned wholly or in part by an alien, resident within the United States, may and shall be enrolled and licensed, as if the same belonged to a citizen of the resident may be United States, according to, and subject to all the conditions, limitations and provisions contained in the act, entitled "An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same," (a) except that, in such case, no oath or affirmation shall be required that the said boat belongs to a citizen or citizens of the United States.

enrolled and

licensed.

Conditions.

Ibid. 2.

Owners to give bond.

3 March 1825 1. 4 Stat. 129.

2. The owner or owners of such steamboat, upon application for enrolment or license, shall give bond to the collector of the district, to and for the use of the United States, in the penalty of one thousand dollars, with sufficient surety, conditioned, that the said boat shall not be employed in other waters than the rivers and bays of the United States.

3. Enrolments and licenses for steamboats or vessels, owned by any incorporated company, may be issued in the name of the president or secretary of such company; and Licenses to cor- such enrolments and licenses shall not be vacated or affected by a sale of any share or shares of any stockholder or stockholders in such company.

porations.

Ibid. ? 2. And registers.

Thid. 23.

4. Registers for steamboats or vessels, owned by any incorporated company, may be issued in the name of the president or secretary of such company; and such register shall not be vacated or affected by a sale of any share or shares of any stockholder or stockholders in such company.

5. Upon the death, removal or resignation of the president or secretary of any incorNew register, &c., porated company, owning any steamboat or vessel, a new register, or enrolment and license, as the case may be, shall be taken out for such steamboat or vessel.

to issue on

change of officers. Ibid. 4.

Oath of ownership may be

6. Previously to granting a register, or enrolment and license, for any steamboat or vessel, owned by any company, the president or secretary of such company shall swear, or affirm, as to the ownership of such steamboat or vessel, by such company, without made by presi- designating the names of the persons composing such company; which oath or affirmation shall be deemed sufficient, without requiring the oath or affirmation of any other person interested or concerned in such steamboat or vessel.

dent, &c.

Ibid. 25. Form of oath.

7 July 1838 2. 5 Stat. 304.

porting pas

7. Before granting a register for any steamboat or vessel, so owned by any incorporated company, the president or secretary thereof shall swear, or affirm, that, to the best of his knowledge and belief, no part of such steamboat or vessel has been, or is then, owned by any foreigner or foreigners.

8. It shall not be lawful for the owner, master or captain of any steamboat or vessel propelled in whole or in part by steam, to transport any goods, wares and merchandise, Penalty for trans- or passengers, in or upon the bays, lakes, rivers or other navigable waters of the United sengers or freight States, from and after the said first day of October 1838, without having first obtained, without license, from the proper officer, a license under the existing laws, (b) and without having complied with the conditions imposed by this act. (c) And for each and every violation of this section, the owner or owners of said vessel shall forfeit and pay to the United States the

&c.

(a) See tit. "Coasting Trade," II.

(b) The license required to be taken out by this act, is one to carry on the coasting trade. A steam ferry boat is not within the act. United States v. The James Morrison, 6 Penn. L. J. 132.

And see infra, 40.

(c) The provisions of this act, as to the inspection of steamboats, &c., are supplied by act 30 August 1852; infra, 40.

sum of five hundred dollars, one-half for the use of the informer; and for which sum or sums the steamboat or vessel so engaged shall be liable, and may be seized and proceeded against summarily, by way of libel, in any district court of the United States having jurisdiction of the offence.

II. CONSTRUCTION AND EQUIPMENT OF STEAMBOATS.

7 July 1838.

5 Stat. 626.

gistered, unless

Ibid. 2.

9. Every boat or vessel which existing laws require to be registered, and which is 3 March 1843 ? 1. . propelled in whole or in part by steam, shall be provided with such additional apparatus or means as, in the opinion of the inspector of steamboats, shall be requisite to steer the Not to be reboat or vessel; to be located in such part of the boat or vessel as the inspector may deem provided with adbest to enable the officers and crew to steer and control the boat or vessel, in case the tional steering apparatus. pilot or man at the wheel is driven from the same by fire. And no boat or vessel, exclusively propelled by steam, shall be registered, after the passage of this act, unless the owner, master or other proper person shall file with the collector or other proper officer, the certificate of the inspector, stating that suitable means have been provided to steer the boat or vessel, in case the pilot or man at the wheel is driven therefrom by fire. 10. It shall be lawful in all vessels or boats propelled in whole or in part by steam, and which shall be provided with additional apparatus or means to steer the same, as How far hempen required by the first section of this act, to use wheel or tiller ropes, composed of hemp or tiller ropes may other good and sufficient material, around the barrel or axle of the wheel, and to a distance not exceeding twenty-two feet therefrom, and also in connecting the tiller or rudder yoke with iron rods or chains used for working the rudder: Provided, That no more rope for this purpose shall be used than is sufficient to extend from the connecting points of the tiller or rudder yoke placed in any working position beyond the nearest blecks or rollers, and give sufficient play to work the ropes on such blocks or rollers: And provided further, That there shall be chains extending the whole distance of the Chains to be atropes, so connected with the tiller or rudder yoke, and attached or fastened to the tiller tached to tiller or rudder yoke, and the iron chains or rods extending towards the wheel, in such manner as will take immediate effect, and work the rudder in case the ropes are burnt or otherwise rendered useless.

be used.

yoke.

Ibid. 2 3.

lakes need not

11. The master and owner, and all others interested in vessels navigating Lakes Champlain, Ontario, Erie, Huron, Superior and Michigan, or any of them, and which Certain freight are propelled by sails and Erickson's propeller, and used exclusively in carrying freight, boats on the shall, from and after the passage of this act, be exempt from liability or fine for failing to have fire engine, provide, as a part of the necessary furniture of such vessel, a suction hose and fire engine the longand hose suitable to be worked on such vessel in case of fire, or more than one long-boat boat. or yawl.

&c., nor more

10 Stat. 61.

gister or enrol

12. No license, register or enrolment, under the provisions of this or the act to 30 Aug. 1852 § L which this is an amendment, shall be granted, or other papers issued by any collector, to any vessel propelled in whole or in part by steam, and carrying passengers, until he No license, reshall have satisfactory evidence that all the provisions of this act have been fully ment to issue to complied with. And if any such vessel shall be navigated, with passengers on board, passenger boats, until compliance without complying with the terms of this act, the owners thereof and the vessel itself with this act. shall be subject to the penalties contained in the second section of the act to which this Penalty for navi gating without is an amendment. license. Ibid. 22.

13. It shall be the duty of the inspectors of the hulls of steamers, and the inspectors of boilers and engines, appointed under the provisions of this act, to examine and see Inspectors to exathat suitable and safe provisions are made throughout such vessel to guard against loss mine that suitable provision is or danger from fire. And no license or other papers, on any application, shall be granted, made against fire. if the provisions of this act for preventing fires are not complied with, or if any combustible material liable to take fire from heated iron, or any other heat generated on board of such vessels in and about the boilers, pipes, or machinery, shall be placed at In what manner. less than eighteen inches distant from such heated metal or other substance likely to cause ignition, unless a column of air or water intervenes between such heated surface nd any wood or other combustible material so exposed, sufficient at all times, and under all circumstances, to prevent ignition; and further, when wood is so exposed to ignition, as an additional preventive, it shall be shielded by some incombustible material in such manner as to leave the air to circulate freely between such material and the wood: Frovided however, That when the structure of such steamers is such, or the arrangement When construetion may be of the boilers or machinery is such that the requirements aforesaid cannot, without varied. serious inconvenience or sacrifice, be complied with, inspectors may vary therefrom, if in their judgment it can be done with safety.

14. Every vessel so propelled by steam, and carrying passengers, (a) shall have not less than three double-acting forcing pumy, with chamber at least four inches in diameter,

Ibid. 3.

(7) This applies to a vessel propelled by stear which actually gers within the meaning of the act. United States v. The Owners carries passengers, though not usually and regularly engaged in of the Thomas Swan, 9 Law Rep. 201–2,

that business. Negro slaves shipped by their owner are passen

pumps and hose.

Ibid. 4.

provided.

30 August 1852. two to be worked by hand and one by steam, if steam can be employed, otherwise by To be furnished hand; one whereof shall be placed near the stern, one near the stem, and one amidwith forcing ship; each having a suitable, well-fitted hose, of at least two-thirds the length of the vessel, kept at all times in perfect order and ready for immediate use; each of which pumps shall also be supplied with water by a pipe connected therewith, and passing through the side of the vessel so low as to be at all times in the water when she is afloat: Provided, That, in steamers not exceeding two hundred tons measurement, two of said pumps may be dispensed with; and in steamers of over two hundred tons, and not exceeding five hundred tons measurement, one of said pumps may be dispensed with. 15. Every such vessel, carrying passengers, shall have at least two good and suitablə What boats to be boats, supplied with oars, in good condition at all times for service; one of which boats shall be a life boat made of metal, fire-proof, (a) and in all respects a good, substantial, safe sea-boat, capable of sustaining, inside and outside, fifty persons; with life-lines attached to the gunwale, at suitable distances. And every such vessel of more than five hundred tons, and nct exceeding eight hundred tons measurement, shall have three life boats; and every such vessel of more than eight hundred tons and not exceeding fifteen hundred tons measurement, shall have four life boats; and every such vessel of more than fifteen hundred tons measurement, shall have six life boats; all of which boats shall be well furnished with oars and other necessary apparatus: Provided however, The inspectors are hereby authorized to exempt steamers navigating rivers only, from the obligation to carry of the life boats herein provided for, more than one, the same being of suitable dimensions, made of metal and furnished with all necessary apparatus for use and safety; such steamers having other suitable provisions for the preservation of life in case of fire or other disaster.

Ibid. 25. Life preservers and floats.

nxes.

16. Every such vessel, carrying passengers, shall also be provided with a good life preserver, made of suitable material, or float well adapted to the purpose, for each and every passenger; which life preservers and floats shall always be kept in convenient and accessible places in such vessel, and in readiness for the use of the passengers. And every Fire-buckets and such vessel shall also keep twenty fire-buckets and five axes; and there shall be kept on board every such vessel exceeding five hundred tons measurement, buckets and axes after the rate of their tonnage, as follows: on every vessel of six hundred tons measurement, five buckets and one axe for each one hundred tons measurement, decreasing this proportion as the tonnage of the vessel increases, so that any such vessel of thirty-five hundred tons, and all such vessels exceeding the same, shall not be required to keep but three buckets for each one hundred tons of measurement, and but one axe for every five buckets.

Ibid. 26.

Means of access to the upper deck.

3 March 1853 3.

10 Stat. 262.

17. Every such vessel carrying passengers on the main or lower deck, shall be provided with sufficient means convenient to such passengers for their escape to the upper deck, in case of fire or other accident endangering life.

18. The said inspectors shall hereafter be authorized and empowered, upon satisfactory proof that the owner or owners of a steamer are unable to obtain seasonably or upon When substitute reasonable terms, a metallic life boat, as required by said act, or that such a boat is for metallic life unsuited to the navigation in which a steamer is employed, to accept in any such case a substitute or substitutes for such metallic life boat: Provided, Such substitute shall in their judgment afford safe and suitable means of preserving life in case of accident.

boat may be allowed.

III. CONSTRUCTION OF BOILERS.

30 Aug. 1852 13. 19. All boilers of steamboats made of iron shall be constructed of plates which have 10 Stat. 69. been stamped according to the provisions of this act.

Ibid. 14.

Quality of material, &c

20. It shall be the duty of such inspectors (b) to ascertain the quality of the material of which the boiler-plates of any such boiler so submitted to their inspection are made; Inspectors to examine boilers. and to satisfy themselves by any suitable means, whether the mode of manufacturing has been such as to produce iron equal to good iron made with charcoal, such as in their judgment may be used for generating steam power without hazard to life. And no such boiler shall be approved which is made of unsuitable material, or of which the manufac ture is imperfect, or is not in their opinion of suitable strength, or whose plates are less than one-fourth of an inch in thickness, for a high-pressure boiler of forty-two inches in diameter, and in that proportion of strength according to the maximum of working pressure allowed for high-pressure boilers of greater or less diameter, or which is made of any but wrought iron of a quality equal to good iron made with charcoal.

Ibid. 15.

21. All plates of boiler-iron shall be distinctly and permanently stamped in such Plates, how to be manner as the secretary of the treasury shall prescribe, and if practicable, in such place or places that the mark shall be left visible after the plates are worked into boilers; with

stamped.

(a) In all cases, one metallic life boat is required. 5 Opin. 676. See infra, 18, as to when a substitute may be allowed (b) See infra, 24.

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