CHAPTER XVII

THE CABINET AND THE EXECUTIVE DEPARTMENTS

=The Cabinet.=--The heads of the ten executive departments collectively constitute the President's cabinet. They are, in the order of rank, the secretary of state (first styled the secretary of foreign affairs), the secretary of the treasury, the secretary of war, the attorney-general, the postmaster-general, the secretary of the navy, the secretary of the interior, the secretary of agriculture, the secretary of commerce, and the secretary of labor. They are appointed by the President with the consent of the senate, which in practice is never refused; and they may be dismissed by him at any time. The salary of cabinet members is $12,000 a year.

=Origin and Nature of the Cabinet.=--There was no thought in the beginning that the heads of departments should constitute a cabinet or advisory council to the President, and during the first administration they were never, as a matter of fact, convened by him for collective consultation. When their opinions or advice were desired they were requested by written communication. During his second term, however, President Washington adopted the practice of assembling the heads of departments occasionally for consultation not only on matters pertaining to their particular departments but in regard to questions of general executive policy. Thus the cabinet meeting became a regular feature of executive procedure, and the cabinet a permanent institution. It is well to remember, however, that the cabinet as such is not mentioned in the Constitution, and the name "cabinet" never appeared in any law until the year 1907. No record is kept of its proceedings.

_Cabinet Responsibility._--Unlike a European cabinet, the members of the President's cabinet are not, and cannot be, members of either house of Congress; they have no seats in Congress; they are not responsible to Congress for their policies, and they never think of resigning when Congress refuses to carry out their recommendations or to approve their official acts. They are responsible solely to the President for their official conduct, and are subject to his direction, except in so far as their duties are prescribed by law. They are, in short, the ministers of the President, not of Congress; administrative chiefs, not parliamentary leaders. It may happen, therefore, that members of the cabinet, like the President, may belong to the party which is in the minority in Congress.[86]

[86] There is little resemblance between the American cabinet and a European ministry. In foreign countries where the parliamentary system prevails, cabinet ministers are chosen from the party having control of the Parliament; they are usually members of Parliament, but whether they are or not they are entitled to seats therein; and they prepare and introduce all important legislative measures, urge their adoption by the Parliament, and defend their political policies and acts whenever they are attacked. To one or both of the legislative chambers they are responsible for their political acts, and whenever they cease to command the support of the chamber to which they are responsible they must resign and make way for a new cabinet which does possess its confidence. It is thus impossible for the legislative and executive departments of the government to be antagonistic.

=The Department of State.=--At the head of the department of state is the secretary of state, who is the ranking member of the cabinet and the first in line for the presidency in case of the death or removal of both President and Vice President. He sits at the right hand of the President at cabinet meetings and is given precedence over his colleagues on occasions of ceremony. There are also three assistant secretaries in the department, and a counselor, who advises the President and Secretary of State in regard to questions of international law.

The duties of the secretary of state fall into three groups: first, he is the custodian of the great seal and of the archives of the United States. In this capacity he receives the acts and resolutions of Congress, publishes them in certain papers, and preserves the originals. Under this head also fall the duties of countersigning proclamations and important commissions of the President and of attaching thereto the great seal. In the second place, the secretary of state is the organ of communication between the national government and the state governments. Thus an application from the governor of a state for troops to suppress domestic violence, or a request for the extradition of a criminal who has taken refuge in a foreign country, is made through the secretary of state. In the third place, the secretary of state is the organ of communication between the United States and foreign powers, that is, he is the minister of foreign affairs. He carries on all correspondence with foreign governments, negotiates treaties, countersigns warrants for the extradition of fugitives from the justice of foreign countries, issues passports to American citizens wishing to travel abroad, and grants exequaturs to foreign consuls in the United States.

=The Diplomatic Service.=--For purposes of administration the department of state is organized into a number of bureaus and divisions. _The Diplomatic Bureau_ prepares diplomatic correspondence with foreign governments, and has charge of the engrossing of treaties and other formal papers, the preparation of the credentials of diplomatic representatives, and of ceremonious letters. The United States government is now represented at the governments of nearly fifty different foreign countries by diplomatic representatives, and most of these governments maintain diplomatic representatives at Washington. Our representatives to Great Britain, France, Germany, Russia, Austria-Hungary, Italy, Japan, Mexico, Brazil, Turkey, Spain, Argentina, and Chile bear the rank of ambassador. The government is represented at most of the other countries by envoys extraordinary and ministers plenipotentiary; but to one country (Liberia) it sends a minister resident. The principal difference between the different classes of ministers is one of rank and precedence. At the more important foreign posts the ambassador or minister is provided with from one to three secretaries. There are also interpreters at the legations in Oriental countries, and at all the important foreign capitals military and naval attachés are attached to the legation.

_Elimination of the Spoils System._--The efficiency of the diplomatic service has been much impaired by the existence of the spoils system, as a result of which diplomatic appointments are determined largely by political considerations, and changes are made by each new administration. In the administrations of Presidents Roosevelt and Taft, however, a beginning was made toward the introduction of the merit system into the diplomatic service.

_Duties of Diplomatic Representatives._--The principal duties of diplomatic representatives are to watch over the interests of their country and its citizens in the country to which they are accredited and to see that they receive proper protection, to present and cause to be settled all claims against the foreign country in which they reside, to negotiate treaties, to settle disputes and adjust difficulties, to promote friendly relations, and, in general, to represent their government in its relations with the government to which they are accredited. It is also the duty of a diplomatic representative to keep his government fully informed on all matters in which it is likely to be interested. He is expected to transmit reports relating to political conditions, finance, commerce, agriculture, arts and science, systems of taxation, population, judicial statistics, new inventions, and other matters of possible interest to his government.

The procedure by which treaties are negotiated may take either of two courses: the secretary of state may conduct the negotiations with a foreign minister at Washington, or he may direct the American minister in the foreign country with which it is desired to treat to negotiate with the minister of foreign affairs of that government.[87]

[87] The following description of the procedure observed in drawing up, signing, and ratifying treaties is given by Mr. Van Dyne in his book entitled "Our Foreign Service," pp. 9-10:

"When the terms of a treaty are agreed upon, two exact copies are engrossed at the Department of State, and signed by the Secretary and the foreign minister. Where the two countries have not a common language the texts in the two languages are engrossed in parallel columns. In drawing up treaties this government adheres to the 'alternat,' by which in the copy of the treaty to be retained by this government, the United States is named first, and our plenipotentiary signs first. In the copy to be retained by the foreign government that government is named first and its plenipotentiary signs first. The seal of each plenipotentiary is placed after his signature. Two narrow pieces of red, white and blue striped silk ribbon are laid across the page, some hot wax is dropped on the document at the place where the impression of the seal is to be made, and the seals are placed on this, the ribbon thus fastened to the seals being used to bind the pages of the instrument. When the treaty is ratified, a day is fixed and the plenipotentiaries meet and exchange ratifications. The ratification is attached to the instrument. When the ratification is completed, proclamation of the fact and publication of the text are made simultaneously at the capitals of each nation, upon a day agreed upon."

=The Consular Service.=--_The Consular Bureau_ in the department of state has charge of the correspondence with our consular officers in foreign countries. A consul differs from a diplomatic representative in being a commercial rather than a political representative. Consuls are stationed at all important commercial centers in foreign countries, to look after the commercial interests of their country, promote foreign trade, watch over shipping and navigation, administer the estates of American citizens dying abroad, assist in the administration of our customs, health, navigation, immigration, and naturalization laws, and to collect such information concerning the trade, industries, and markets of foreign countries as may be of value to the commercial interests of the United States.[88]

[88] In certain Oriental countries, notably China, Morocco, Persia, Siam, and Turkey, the United States consuls, by virtue of treaty arrangements, exercise jurisdiction over American citizens in both civil and criminal cases. They are empowered to try Americans for offenses committed within their districts and to determine all civil controversies between citizens of the United States residing therein. In more serious criminal cases and in civil cases involving large amounts, appeals may be taken to the American minister. The reason why Western powers refuse to permit their citizens to be tried by the courts of these countries is that their standards of law and procedure are repugnant to those of Western countries. Formerly consular jurisdiction existed in Japan also, but it was abolished by treaty in 1899.

=Recent Reforms.=--In obedience to the widespread demands of the commercial interests of the country, notable improvements have recently been made in our consular service. Formerly political considerations largely determined appointments to the service, and at the beginning of each new administration a wholesale removal was made in order to find places for party workers. By acts of Congress passed in 1906 and 1909, however, the service was reorganized and attempts made to place it on a merit basis. The fee system was abolished, consuls were prohibited from practicing law or engaging in other businesses, provision was made for periodic inspection of consulates, and a system of examinations was inaugurated for determining the qualifications of appointees to the service. The adoption of these reforms has brought about a marked increase in the efficiency of the service and has tended to give to it the character of a permanent professional career such as it enjoys in Europe.

=Other Bureaus of the State Department.=--_The Bureau of Indexes and Archives_ is charged with keeping the records and indexing the correspondence of the department of state. It also prepares the annual volumes of the foreign relations, containing portions of the diplomatic correspondence.

_The Division of Passport Control_ is charged with the issue of passports to persons who desire to travel abroad. A passport is a paper signed by the secretary of state certifying that the bearer is a citizen of the United States or has declared his intention of becoming a citizen, and is entitled to the protection of the government when traveling abroad. They are granted not only to citizens but, by a recent law, to loyal residents of the insular possessions and to aliens who have declared their intention of becoming citizens and have resided in the United States for three years. A fee of one dollar is charged for each passport.

_The other bureaus and divisions_ in the department of state are: accounts, rolls and library, appointments, information, Far Eastern affairs, Near Eastern affairs, Western European affairs, and Latin-American affairs.

=The Department of the Treasury.=--For the most part the department of the treasury is concerned with the management of the national finances, including (1) the administration of the revenue laws, (2) the custody of the national funds, (3) the preparation of the budget, (4) the administration of the currency and national banking laws, (5) miscellaneous functions such as those relating to the life-saving service, the public health and marine hospital service, engraving and printing, construction of public buildings, etc.

The custody of the government funds devolves upon the _Treasurer_, who is charged with receiving and disbursing upon proper warrant all public moneys that may be deposited in the treasury at Washington or in the subtreasuries at New York, Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, New Orleans, and San Francisco, as well as in national banks and federal reserve banks. He is also the custodian of miscellaneous trust funds, is the agent of the government for paying interest on the public debt and for issuing and redeeming government paper currency and national bank notes, and is the custodian of the bonds deposited to secure national bank circulation.

_The Register of the Treasury_ issues and signs all bonds of the United States, registers bond transfers and redemption of bonds, and signs transfers of public funds from the treasury to the subtreasuries or depositories.

_The Commissioner of Internal Revenue_ supervises the collection of the federal income tax and of the taxes on the manufacture of tobacco, etc., and supervises the enforcement of the prohibition law.

_The Director of the Budget_, provided for by the new budget act of 1921, prepares for the President the annual budget and all other estimates of revenues and expenditures, and with that end in view, has power to assemble, correlate, revise, reduce, or increase the estimates of the several departments or establishments. The President is, however, directly responsible for the budget, and transmits it to Congress. By the same act, the office of _Comptroller of the Treasury_ was abolished, and the auditing and accounting functions were removed from the Treasury Department to an independent General Accounting Office, with the _Comptroller-General of the United States_ at its head.

The principal officers who have to do with currency administration are the director of the mint and the comptroller of the currency. _The Director of the Mint_ has general supervision of the administration of the coinage laws and the management of the coinage and assay offices.[89] _The Comptroller of the Currency_ exercises supervision over the national banks. It is his duty to see that national banks are properly organized, that the capital stock is fully subscribed and paid in, that the necessary amount of United States bonds have been duly deposited with the government to secure the circulation of their notes, and that all national banks are properly examined from time to time. He also has important duties in connection with the management of the federal reserve banks. He has charge of the issue of national bank notes and (under the supervision the Federal Reserve Board) of Federal reserve notes.

[89] For a list of the mints and assay offices, see pp. 228-229.

Among the bureaus of the treasury department which have no direct relation to the public finances the most important is the _Public Health Service_, which is under the direction of a surgeon general who is charged with the supervision of the national quarantine stations and of hospitals for the relief of sick and disabled seamen, and discharged soldiers, sailors, and marines. He calls conferences of all state health boards. He is authorized to adopt regulations to prevent the introduction and spread of contagious diseases, and it is his duty to supervise the medical examination of immigrants seeking admission to the United States.

_The Coast Guard_, as organized in 1915, is charged with the duties of the former _life-saving service_ and the _revenue cutter service_. It renders assistance to persons and vessels in distress, patrols the coast for the purpose of preventing violations of the customs laws, and enforces the laws relating to quarantine, navigation, protection of the game, fishery, and seal industries, etc. It constitutes a part of the military forces and is under the treasury department in time of peace and under the navy department in time of war.

_The Supervising Architect_ is charged with the selection and purchase of sites for government buildings, such as federal courthouses, post-office buildings, customhouses, mints, etc.; with the preparation of plans and specifications and the awarding of contracts for such buildings.

_The Bureau of Engraving and Printing_ is charged with the duty of engraving and printing all government securities, including United States notes, bonds, certificates, national bank notes, federal reserve notes, internal revenue, customs, and postage stamps, treasury drafts, etc.

_The Secret Service Division_ is a body of detective agents employed to detect frauds and crimes against the government, such as counterfeiting or espionage. Some of the force are also employed in guarding the President.

_The Bureau of War Risk Insurance_ (created in 1914) is charged with carrying out the laws relating to government insurance of American ships, soldiers, and sailors.

_The Federal Reserve Board_ and the _Federal Farm Loan Board_ (see p. 234) are also under the Treasury Department.

=The War Department.=--The secretary of war has charge of all matters relating to national defense and seacoast fortifications, river and harbor improvements, the prevention of obstructions to navigation, and the establishment of harbor lines; and all plans and locations, of bridges authorized by Congress to be constructed over navigable rivers require his approval.

The army is under the direction of the _General Staff_ described on p. 263. Within the war department there are also a number of departments and bureaus, each under the direction of an army officer.

_The Adjutant General_ has charge of the records and correspondence of the army and militia; of the recruiting service, including enlistments, appointments, promotions, resignations, etc. He communicates to subordinate officers the orders of the President and the secretary of war, and preserves reports of military movements and operations.

_The Inspector General_, with his assistants, visits and inspects military posts, depots, fortifications, armories and arsenals, and public works in charge of army officers, and makes reports on the conduct, efficiency, and discipline of officers and men, including their arms and equipment.

_The Quartermaster General_ has supervision over the quartermaster corps which is the main supply service of the army (except for technical articles), and furnishes food, clothing, equipment, animals, and forage. It also has charge of building construction and transportation for the army.

_The Chief of Finance_ has control over the finances of the army.

_The Surgeon General_ has supervision over the medical service of the army; looks after the sick and wounded; provides medical and hospital supplies, and inquires into the sanitary conditions of the army. In addition to field hospitals permanent depots and hospitals are maintained at various points.

_The Judge-Advocate General_ is the chief law officer of the army; he reviews records of the proceedings of courts-martial, courts of inquiry, and military commissions, and acts as legal adviser to the war department.

_The Chief Signal Officer_ is charged with the supervision of military signal duties, the construction, repair, and operation of military telegraph lines and cables.

_The Chief of the Air Service_ has supervision over aircraft production and the aviation service.

_The Chief of Ordnance_ supervises the purchase, manufacture, and distribution of artillery, small arms, and ammunition for the army and the militia. For the manufacture of arms and ammunition there are arsenals at Springfield, Mass., Rock Island, Ill., Watervliet, N. Y., and elsewhere.

_The Chief of Engineers_ is at the head of the engineering corps, a branch of the army which is charged with the construction of public works such as military roads, bridges, fortifications, river and harbor improvements, geographical explorations, and surveys. The construction of the Panama Canal is the most notable of the recent undertakings of the war department in this field.

_The Chief of the Chemical Warfare Service_ has supervision over the production of chemical warfare materials as well as defensive appliances for protection against such warfare. He also supervises the training of the army in the use of both.

_The Militia Bureau_, created in 1916, has charge of all matters relating to the National Guard.

In addition to the purely military functions and construction of public works, the war department has certain duties in connection with the government of the insular possessions and the Panama Canal Zone. So far as these duties relate to Porto Rico and the Philippine Islands they are under the direction of the _Bureau of Insular Affairs_, at the head of which is an army officer with the title of chief of the bureau. This bureau also has charge of the collection of the revenues of Haiti and the Dominican Republic in accordance with treaties which practically establish an American receivership over those republics.

Finally, the war department has charge of the _United States Military Academy_ at West Point, the various post-graduate schools of instruction for army officers located at different army posts, the national military parks at Chickamauga, Gettysburg, Shiloh, and Vicksburg, and the national cemeteries in various parts of the country. The military academy at West Point was founded in 1802. A certain number of cadets (the number--for a long time one only--has varied at different periods) are appointed from each congressional district and territory, upon the nomination of the representative in Congress from the district; also certain numbers from each state at large, from the District of Columbia, and from the United States at large. All candidates are required to pass a physical and intellectual examination; the course of instruction lasts four years; and each cadet receives pay sufficient for his maintenance. Graduates receive appointments as second lieutenants in the army, those standing highest usually being appointed to the engineering corps if they prefer assignment to that branch of the service. The secretary of war exercises general supervision over the academy, and it is inspected at regular intervals by a board of visitors of whom seven are appointed by the President, two by the Vice President, and three by the speaker of the house of representatives.

[Illustration: WEST POINT CADETS]

[Illustration: LOCK IN THE PANAMA CANAL]

=The Department of the Navy= was created in 1798. At its head is a secretary, who, like the head of the war department, is usually taken from civil life. Like the war department, the navy department is organized into the _Office of Naval Operations_ and a number of bureaus.

_The Bureau of Navigation_ has charge of the recruiting service, the training of officers and men, the naval academy; schools for the technical education of enlisted men, apprentice schools, the naval home at Philadelphia, transportation of enlisted men, records of squadrons, ships, officers and men; the preparation of the naval register, preparation of drill regulations, signal codes, and cipher codes. Under this bureau falls the publication of the Nautical Almanac, charts and sailing directions, the naval observatory, and the hydrographic office.

_The Bureau of Yards and Docks_ has general control of the navy yards and docks belonging to the government, including their construction and repair, and also of the construction of battleships whenever such construction is authorized by Congress. The navy yards are located at Washington, Brooklyn, Mare Island (California), Philadelphia (League Island), Norfolk, Pensacola, Cavite (in the Philippines), and various other places.

_The Bureau of Ordnance_ has charge of the supply of armament and ammunition for the ships. It supervises the manufacture of guns and torpedoes, installs armament on the vessels, and has charge of the naval proving ground and magazines, the naval gun factory, and the torpedo station.

_The Bureau of Construction and Repair_ has charge of the planning, building, and repairing of vessels, and of their equipment, excepting their armament and engines.

_Other Bureaus_ of the Navy Department, whose general duties are indicated sufficiently by their titles, are: the bureau of engineering, the bureau of medicine and surgery, and the bureau of supplies and accounts.

_The Judge-Advocate General_ is the law officer of the navy department and performs duties similar to those of the judge-advocate general of the war department.

_The Major General Commandant of the Marine Corps_ issues orders for the movement of troops under the direction of the secretary of the navy.

The department of the navy also has general charge of the _United States Naval Academy_ at Annapolis. The academy was founded in 1846, by George Bancroft, then secretary of the navy. A specified number of midshipmen are allowed for each member of Congress and each territorial delegate, and certain numbers from the District of Columbia, from Porto Rico, and from the United States at large.[90] Appointments are made by the President after a physical and intellectual examination by a board, and an allowance is made for maintaining each midshipman while in residence at the academy. The course lasts four years and includes instruction in gunnery, naval construction, steam engineering, navigation, mathematics, international law, modern languages, etc. After the completion of the course, midshipmen spend two years at sea, after which they receive subordinate appointments in the navy or marine corps.

[90] In addition, the secretary of the navy may appoint each year 100 midshipmen from the enlisted men of the navy less than twenty years old, the selection being based on competitive examinations.

=The Department of Justice.=--The office of attorney-general was created in 1789, and from the first the attorney-general was a member of the cabinet; but for a long time the duties of the office were not extensive, and it was not until 1870 that the office was made an executive department with its present title and organization.

_The Attorney-General_ is the chief law officer of the national government and is the legal adviser of the President and the heads of departments. He represents the United States before the Supreme Court in cases in which it is a party, exercises a sort of administrative supervision over the United States district attorneys and marshals and over the federal penitentiaries, examines applications for pardons, and advises the President in the exercise of his pardoning power. The opinions which he renders on constitutional and legal questions referred to him are published by the government in a series of volumes, and altogether they constitute an important body of constitutional and administrative law. Under the direction of the President he institutes proceedings and prosecutes cases against corporations and persons for violations of the laws of the United States, or directs the district attorneys to do so.

=The Post Office Department.=--At the head of the post office department is the postmaster-general. He establishes and discontinues post offices, appoints all postmasters whose compensation does not exceed $1,000 a year, issues postal regulations, makes postal treaties with foreign governments, with the approval of the President, awards mail contracts, and has general supervision of the domestic and foreign postal service. There is an assistant attorney-general for the post office department, who advises the postmaster-general on questions of law, has charge of prosecutions arising under the postal laws, hears cases relating to the misuse of the mails, and drafts postal contracts. There are also four assistant postmasters-general, each of whom has supervision over a group of services within the department. The postal service has already been described in