THE SECOND SEAL (1841)

Face p. 43

]

This entire report is in Thomson’s handwriting and is endorsed by him:

“Device for a Great Seal for the United States in Congress Assembled.

Passed June 20, 1782.” In the journals of Congress the “Remarks and

explanation” are left out, but they constitute an essential part of the

fundamental law as Congress adopted it.

The different features of the seal had all been in common use in

America. In the North Carolina paper currency of 1775 appears a bundle

of thirteen arrows; in the Maryland currency of the same year a hand

grasping an olive branch with thirteen leaves; on a fifty-dollar bill

issued in 1778 is an unfinished pyramid, with the motto “Perennis;” in

the Massachusetts copper penny of 1776 are thirteen stars, surrounding

an _eagle_; the flag had the thirteen stripes, and so had the seal of

the Board of Admiralty, adopted May 4, 1780.

Soon after the seal was adopted the obverse was cut in brass; but the

identity of the engraver is unknown. It was intended to be impressed in

wax over a paper wafer, and is found on a commission dated September 16,

1782, granting full power and authority to General Washington to arrange

with the British for exchange of prisoners of war. The commission is

signed by John Hanson, President of Congress, and countersigned by

Charles Thomson, Secretary, the seal being affixed in the upper

left-hand corner, instead of the lower left-hand corner as is now the

custom. This, the first great seal to be made, continued in use for

fifty-nine years, and having been cut almost as soon as the design was

adopted may fairly be assumed to represent correctly the intentions of

the makers of the seal.

The second or Lovell committee recommended a “less seal of the United

States” of the same design as the great seal but of smaller diameter,

but no other committee took cognizance of the custom which still

prevails in many countries of having two principal seals of state. The

idea had not, however, wholly disappeared when the Constitution was

adopted, for in the first Congress John Vining of Delaware proposed

(June, 1789) that a Home Department be provided for and that the

Secretary be required to “keep the great seal, and affix the same to all

public papers, when it is necessary; to keep the lesser seal, and affix

it to commissions &c.”

In the debate which preceded the defeat of the bill, Alexander White of

Virginia said the great seal might be kept by the Secretary of Foreign

Affairs, and the lesser seal also.[29] No direct proposition was made,

however, to create a lesser seal.

When the Congress under the Articles of Confederation ceased to exist

and the new Government went into operation Charles Thomson continued in

charge of the great seal and of the records of the old Government, until

provision for their custody should be made. On July 24, 1789, Washington

as President wrote to him:

You will be pleased, Sir, 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.

Thus terminated Thomson’s connection with the seal which he had done so

much to design and have adopted. Alden afterwards described his own

appointment as that of keeper of the seals and papers of the old

Congress.

On June 27 the bill creating the Department of Foreign Affairs became a

law, this being the first executive department provided for under the

Constitution, but the Secretary was not made the keeper of the seal and

it remained in Alden’s hands until the Department of State was created.

The act creating this Department was entitled, “An act to provide for

the safe keeping of the acts, records, and seal of the United States and

for other purposes.” It enlarged the Department of Foreign Affairs into

the Department of State, and named as the principal officer the

Secretary of State. The third section of the act read:

_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.

The fourth section read:

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.

It will be observed that the act described the “Seal of the United

States” and not the “Great Seal of the United States,” although in all

the preliminary reports and in the adopting act the term “Great Seal”

was used. As no lesser seal of state was contemplated there was really

no object in designating the only seal as the “Great Seal,” although for

ordinary purposes it has never ceased to be called the “Great Seal,” and

is so denominated in the decision of the Supreme Court where its uses

are set forth. Before the seal was adopted the commissions of Congress

read simply “By order of Congress,” being signed by the President. The

countersigning was, “Attest Charles Thomson, Secretary.” When the seal

came into use the form was, as it appears on Washington’s commission to

exchange prisoners: “In testimony whereof we have caused these Letters

to be made patent and the Great Seal of the United States of America to

be thereunto affixed. Witness His Excellency John Hanson President of

the United States in Congress assembled the Sixteenth day of September

and in the year of our Lord one thousand seven hundred and eighty two,

and of our Sovereignty & Independence the seventh.” After the adoption

of the Constitution and before any custodian of the seal was provided by

Congress, the wording ran: “In testimony whereof I have caused these

letters to be made patent and the Seal of the United States to be

hereunto affixed. Given under my hand the —— day of —— in the year of

our Lord one thousand seven hundred and eighty nine,” this being signed

by the President and not countersigned. This form continued in use after

the Secretary of State became by law the keeper of the seal, and was not

changed till August 3, 1790, when the recital was made to include the

year of independence and was countersigned by Thomas Jefferson as

Secretary of State. Thus, singularly enough, the abandonment of the term

“Great Seal of the United States” began with the Executive some months

before it received legal sanction.

VI

THE ILLEGAL SEAL

In ancient times a seal to authenticate a document was always impressed

upon wax, or metal, or even upon clay; but this gave place to the more

convenient method of impressing the seal directly upon the paper by the

use of two faces of a die. It was, presumably, a desire to introduce

this improvement which prompted the Department of State in 1841 to

discard the seal of 1782 and have a new die cut. The work was ordered

without any specific appropriation being made for the purpose by

Congress, and was entrusted to Edward Stabler, of Sandy Spring, Md.,

where he was postmaster from 1828 to 1883, who cut many government

seals, and had a reputation as a seal engraver. He was doubtless

permitted to design the seal in his own way, and it was accepted without

notice being taken of its palpable deficiencies from an artistic and

heraldic point of view and its failure to satisfy the plain requirements

of the law in the important particular of the number of arrows in the

eagle’s sinister talon.

In reply to a letter from John D. Champlin, jr., in 1877, the Department

of State said of the seal:

This change [from the design of the seal of 1782] does not appear to

have been authorized by law, and the cause of it is unknown.[30]

The inaccuracies of the design of the arms on this seal were the subject

of grave criticism from time to time. In the Galaxy Magazine for May,

1877, Mr. Champlin pointed out the improper arrangement of the pales,

the red being twice as wide as the white, and the fatal disregard of the

law requiring thirteen arrows in the eagle’s sinister talon. “Is it

possible,” he said, “that an arbitrary alteration can be made in the

great seal of the United States by the officials temporarily in charge

of it? And if so, what is to prevent some future Secretary of State,

with notions of his own in regard to heraldic bearings, from discarding

the old seal altogether, in favor of some creation of his own?”

This seal was cut when Daniel Webster was Secretary of State, and a fair

explanation of its deficiencies is that he knew nothing about the

details of the prescribed design, and entrusted the business of securing

a new seal to his subordinates, who were equally ignorant; and they in

turn entrusted it to the engraver. Unquestionably, the Secretary of

State has no authority to change the device of the arms, as it is

prescribed by law, in the slightest degree, nor could the President

himself properly authorize such a change. As the seal was created by

Congress it would require an act of Congress to alter it. In this

respect it is different from the arms of a monarchy. The arms of Great

Britain, for example, being formed from those of different monarchs,

have, in fact, undergone three changes since American independence—in

1801, when the arms of France were excluded and the arms of Hanover

placed “over all on an escutcheon of pretense,” “ensigned with the

electoral bonnet;” in 1816, when the bonnet was changed for the

Hanoverian crown; and upon the death of William IV, when the present

arrangement was made. How far the Secretary of State, as the custodian

of the seal, may deviate from the original design in having a new one

cut, provided he adheres to the terms of the creating law, is another

question, which, as we shall see presently, was finally decided in favor

of the conservative side.

The centennial anniversary of the adoption of the seal was marked by a

revival in interest concerning it, and C. A. L. Totten, then a first

lieutenant in the Army, called the attention of the Treasury Department

to the fact that the reverse had never been cut, suggesting that the

time was appropriate for placing it upon a medal or coin. This met with

the approval of the Department, so far as a medal was concerned, and

under the supervision of Hon. A. Louden Snowden, then Director of the

Mint at Philadelphia, a medal was struck in commemoration of the

centennial anniversary of the adoption of the seal. The obverse closely

resembled the first important illustration of the seal made after its

adoption. This appeared in the Columbian Magazine for September, 1786,

and was a spirited engraving. It differed from the official

interpretation in the distribution of the stars, which were put about

the eagle’s neck and head, instead of in a circle above the head. The

olive branch had sixteen leaves and no fruits, and the rays of the sun

extended through the clouds. The reverse of the medal contained the

dates 1782 and 1882, to indicate its purpose, beside the mottoes.[31]

Notice has already been taken of Mr. Champlin’s article in which he

criticised the seal of 1841, which the Department had been using for so

many years, notwithstanding its glaring errors. His criticism, Mr.

Totten’s agitation of the question of cutting the reverse, and the

striking of the great seal medal were the moving causes of the important

action of the Secretary of State, Theodore F. Frelinghuysen, in 1883.

The first committee on the seal recommended a reverse, and so did

succeeding committees, and a reverse was provided for in the creating

act. From this it would appear certain that the original idea was to use

a pendant seal of wax with an impression on either side of it. Pendant

seals were then common and are still used in many cases. In affixing

such a seal to a treaty it is so large that the wax would inevitably

break if it were unprotected, so it is enclosed in a metal box, usually

of gold or silver, highly ornamented. After the United States secured a

great seal it affixed the same one to all its acts, and did not have a

separate pendant treaty seal until about 1856, when one was made at the

State Department’s instance, or upon an understanding with the

Department, by Samuel Lewis, a jeweler in Washington. It was cut in

iron, weighing about 20 pounds, and was 6 to 8 inches in diameter. The

design followed the law accurately, but the treatment was realistic

rather than heraldic. This seal was kept by Mr. Lewis, being, as it

appears, his property, and whenever a seal for a treaty was required he

furnished an imprint in wax with the silver or gold box in which it was

to be placed, the box having upon the cover the arms stamped in relief.

The cords or ribbons passing through the treaty were adjusted through

the wax at the Department of State. The seal as thus attached to the

treaties made by this Government with foreign powers for thirteen years

compared favorably with the treaty seals used by other governments. In

1869 the use of the separate seal for treaties was abandoned, and the

practice of fixing the regular seal to the paper itself was reverted to,

and now maintains.

[Illustration: [Seal]]

VII

THE THIRD SEAL

January 10, 1883, the Secretary of State, Theodore F. Frelinghuysen,

addressed the Chairman of the Committee on Appropriations of the House

of Representatives, Samuel J. Randall, asking for an appropriation of

$1,000 to pay for having a new seal of the United States made. “Since

the year 1782,” his letter said, “when the device was adopted, there

have been, it is believed, but two dies of the obverse of the seal, the

only side which has been employed up to this time for sealing documents.

The reverse of the seal has never been engraved by the Government. The

original die of the obverse, after being in use for about sixty years,

was replaced by the present die, which has become very much worn and no

longer gives clear impressions. It is also to be observed with respect

to the latter that it does not strictly conform to the device

established by law. It seems to me, therefore, to be eminently important

that a new and correct die be made without delay.” He also advised that

the reverse be cut as a compliance with the law and “a proper respect to

pay to the founders of this Government, at this time, to carry out the

purpose so clearly expressed by them in Congress, June 20, 1782.”

Falling in with this recommendation Congress appropriated, July 7, 1884

(23 Stat., 394), $1,000 “to enable the Secretary of State to obtain dies

of the obverse and reverse of the seal of the United States, and

appliances necessary for making impressions of the same.”

Mr. Theodore F. Dwight, Chief of the Bureau of Rolls and Library of the

Department of State, supervised the work of designing the new seal. He

called into consultation the eminent historical scholar, Justin Winsor,

and Prof. Charles Eliot Norton, of Harvard; William H. Whitmore, the

genealogist, author of Elements of Heraldry (New York, 1866), at that

time the only work on heraldry by an American; John Denison Chaplin,

jr., an authority on engraving, associate editor of the American

Cyclopædia and later of Scribner’s art cyclopædias; and James Horton

Whitehouse, chief designer of Messrs. Tiffany & Co., New York. The

subject was thus considered from the three points of view of history,

heraldry, and art. Professor Norton wrote:

A. It is greatly to be regretted that the device adopted by congress

in 1782 is of so elaborate and allegorical a character. The most

skilful treatment of it could hardly make it satisfactory as the

design for the seal of a great nation. * * *

B. But as this is now the established device, the best way, I believe,

to deal with it, would be to treat it as conventionally as

possible,—giving it a strictly heraldic character. * * *

As to the reverse, the device adopted by Congress is practically

incapable of effective treatment; it can hardly (however artistically

treated by the designer) look otherwise than as a dull emblem of a

masonic fraternity. * * *

Mr. Winsor commented upon Professor Norton’s notes. He agreed that the

seal was not a good coat of arms. He thought, however, that it had not

been the purpose of Congress “to show an heraldic bird”—that “the

American eagle displayed proper” could not be an heraldic eagle.

“Whether present authorities,” he continued, “can venture to correct

their [the Congress’] bad taste, may be a question.” Of the reverse, he

declared it was “both unintelligent and commonplace. If it can be kept

in the dark as it seems to have been kept, why not keep it so?” On

January 2, 1884, he wrote to Mr. Dwight:

When you say “It might be best to reproduce the original die,”—you

suggest what is really my opinion. There is a certain naïvely Archaic

look about it which is honest and covers a multitude of artistic sins,

in a way that will not be easy to do by a modernization of it. I like

to preserve such original devices.

Mr. Whitmore did not agree with Mr. Winsor. He wrote December 30, 1884:

I feel assured that the treatment should be heraldic. An eagle

_displayed_ must be an heraldic one. The term American eagle, I infer,

means a bald-headed eagle, not the European type which shows in

heraldry a tuft or crest on his head. This is allowable, just as a

double-headed eagle is.

The best examples give the wings raised to the shoulder and then

dropping, which is more graceful and natural.

As to the reverse he said: “It is a thankless task to arrange it, as

Prof. Norton says; use it as little as possible.” Mr. Whitmore submitted

designs which were intended to be an improvement heraldically on those

under consideration, which he criticised, especially with reference to

the arrows, the form of which had been changed under Mr. Dwight’s

direction so as to represent a distinctively American Indian arrow. Mr.

Dwight conformed to Mr. Whitmore’s suggestion, and “the technical form

of barb” arrow was restored. Of the die of 1782 Mr. Dwight wrote to Mr.

Whitmore January 6, 1885: “Is not that die to be regarded as in some

sense sanctioned by long use, in view of its origin, as entitled to the

same authority as a law?” In regard to the crest Mr. Dwight said: “On

referring to the order of 1782 on this point, it seems that we have no

liberty to depart from that form, as it reads: ‘A glory, or, breaking

through a cloud proper, and surrounding thirteen stars.’ It has been

advised that an appearance of more splendor would be gained by allowing

the rays of the glory to extend beyond the clouds, as though piercing

them; but to that advice I do not feel warranted in agreeing, as the old

die gave no authority therefor.” Of the reverse he said: “For the

present purposes we shall not order the reverse; as Mr. Winsor remarks,

it has been so long kept in the dark, a few months more of shade will do

it no harm. I would like to have your opinion if adverse to the cutting

of that side. The law distinctly specifies it and it was not cut

presumably at the same time as the obverse, because the latter was

urgently needed, even as to day. The subject was probably lost sight of

at that time, when all the thoughts of the fathers were engaged in the

foundation of the Republic. I do not expect that the reverse can be

conveniently used for the purpose of sealing documents, but it is not in

my opinion improper that the device should be determined and cut.”

December 13, 1884, Messrs. Tiffany & Co. submitted the designs.

After having studied carefully the description of the devices as

adopted by Congress in 1782, and considered also the suggestions and

remarks that we have of late seen and received regarding the same, we

have carried them out strictly according to the rules of

heraldry. * * *

The eagle is the American bald eagle and has been drawn after careful

studies and made as natural as the rules of heraldry will permit. We

have decided that the third feather shall be the one extending to the

end of the wing. The escutcheon on the eagle’s breast is drawn as

described, the direction of the lines indicating the colors. As no

stars are mentioned in the chief, they have not been introduced here.

The suggestion to suspend the shield from the neck of the eagle by a

ribbon or cord, we have not carried out, as it would not be proper and

would rob the whole arms of its dignity.

The rays are purposely not extended beyond the clouds. All that is

desirable in that direction has been done, but to allow them to

project in the manner spoken of and as we often see them cut, would be

to convey a wrong and very weak idea of the original intention. We

have used the classical olive and have decided not to introduce the

flowers; the fruit (13) and the 13 leaves speak for themselves in a

very clear and positive manner, but the flowers, while they suggest a

growing and fruitful future, would as no special number could be used,

give an uncertainty not desirable, as it would always be supposed that

the particular number of flowers used must have a meaning while that

meaning is not there.

Indications of color should not be given in the olive branch, fruit,

arrows, scroll, etc.; they should be represented as termed in heraldry

‘proper’.

Regarding the reverse the pyramid is drawn to the scale of the great

pyramid; the side seen in perspective to the right means East, this

view being desired. The eye and the date on the foot of the pyramid

should not be incised; on ancient monumental work and work of that

character the die is sunk, or the impression it of course would be in

relief.

The letters used in the Latin are the simple and particular Roman

letters used, and in fact is the best letter used for the purpose.

Regarding the scroll containing the “E pluribus unum” we consider the

present form altogether the best to use as the sheet scroll mentioned

would interfere with the eagle, while the old form of scroll falls in

well with the general design. The dies will be cut in steel.

This letter may be said to be the argument for the Whitehouse designs.

They were submitted to Mr. Champlin, who wrote, January 7, 1885:

It seems to me useless to regret that Congress did not adopt in 1782 a

different device for the great seal of the United States. The present

device was legally adopted and all we can do is to follow the

provisions of the act, having an eye, of course, to general heraldic

propriety; but even if the laws of heraldry are transgressed in some

minor particulars, I think we still are bound to follow the letter of

the law, despite the rules of heraldry. If we must have a strictly

heraldic seal, let us go to work ab initio and change the law.

If this be, as I believe it to be, the true way of dealing with the

question, let us see whether the designs furnished by Tiffany & Co.

fulfill the provisions of the law.

1. The law reads “Paleways of thirteen pieces, argent and gules, a

chief, azure”. The drawing marked A is correct in this particular.

This differs from the order of the stripes on the national

ensign. * * * The pales should all be of the same width.

2. “The escutcheon on the breast of the American eagle displayed

proper.” In Mr. Barton’s device of June 13, 1782, of which that

adopted by the committee is a modification, the American Eagle is

expressly called “the bald-headed eagle”, so there can be no question

on that point. The eagle must be an American eagle and not the

ordinary heraldic eagle. It must be displayed, not with _wings

displayed_ (in which case it would be represented perched), but

displayed—that is, with both wings and talons extended. In my opinion

the drawing is correct, though I would suggest that the treatment,

especially the wings, might be a little less realistic, and still

comply with the law.

3. “Holding in his dexter talon an olive branch, and in his sinister a

bundle of thirteen arrows, all proper, and in his beak” etc. The olive

branch and arrows should, of course, be of the conventional form as no

other is specified.

4. Crest—“A glory, or, breaking through a cloud, proper, and

surrounding thirteen stars forming a constellation, argent, on an

azure field.” This is bad, very bad, heraldically, but I see no way

out but to reproduce the original, which I think is done in the

drawing.

Reverse. “A pyramid unfinished.” The law does not call for a pyramid

of thirteen courses of stone. * * *

Mr. Champlin did not give an opinion on the propriety of cutting the

reverse, but so general was the criticism of it, and so palpable were

its shortcomings, that it was determined not to cut it, and Mr.

Whitehouse’s design of it was not accepted. Its fate has been singular.

It was prescribed as part of the seal by the act of 1782, but went

unnoticed. The act of September 15, 1789, continued the seal as

prescribed in 1782, but no effort was then made to design or cut the

reverse. When the seal of 1841 was made it was still ignored, and in

1883 it was definitely determined, after designs had been drawn, to

abandon it.

The act of July 7, 1884, made appropriation “to obtain dies of the

obverse and reverse” of the seal, the act following the State

Department’s request, and it had undoubtedly been the intention of the

Department, when the appropriation was asked for, to cut the reverse;

but its purpose was changed after fuller consideration, and it felt at

liberty to leave this part of the new law unexecuted, as the law of 1782

had remained in part unexecuted for a hundred years. It may be added

that when the exhibit of the State Department was prepared for the

Chicago Exposition in 1892, large emblazonments of the obverse and

reverse of the seal were painted, but the appearance presented by the

reverse was so spiritless, prosaic, heavy, and inappropriate that it was

never hung.

The design of the obverse of the seal of 1884 was determined upon, as we

have seen, with great care. It was an enlargement with some

modifications of the seal of 1782, the modifications being in the

direction of a closer adherence to the law creating the seal. For

example, the eagle’s head bears no crest, as in the European type and as

advised against by Mr. Whitmore for the American eagle specified by the

law.

[Illustration:

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