THE SEAL (1902)

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VIII

THE FOURTH SEAL

In 1902, John Hay being the Secretary of State, it was determined that

the seal, which had been in constant use for eighteen years, required

recutting, and that the press and stand which held it could be improved

upon. An act was, accordingly, passed by Congress (July 1, 1902)

appropriating $1,250 “To enable the Secretary of State to have the Great

Seal of the United States recut.” Some discussion arose among the

officers of the Department as to whether the design then in use must be

adhered to strictly or could be improved upon, and, after examination of

the question, it was determined that the careful investigation which had

preceded the acceptance of the design of 1884 rendered a reconsideration

of the decision then arrived at unwise, and that the design should be

preserved with absolute accuracy. The work of recutting not having been

done before the appropriation had expired, it was renewed the following

year (act of March 3, 1903) and the act settled definitely any remaining

doubts about the design, besides making the appropriation cover the

necessary accessories for the seal. It read:

To enable the Secretary of State to have the Great Seal of the United

States recut from the original model, and to purchase a suitable press

for its use and a cover to protect the same from dust, the sum of one

thousand two hundred and fifty dollars, appropriated by the deficiency

act approved July first, nineteen hundred and two, “To enable the

Secretary of State to have the Great Seal of the United States recut,”

is hereby reappropriated for the purposes above mentioned.

The words “original model” in the law precluded any change in the

device, and the new seal was accordingly cut as a precise copy of the

seal then in use, the work being done by Messrs. Bailey, Banks & Biddle,

of Philadelphia.

IX

USES OF THE SEAL

When the Continental Congress made the obverse of the great seal the

national arms it intended that the device should pass into common use

among the people, as the flag has done, and like the flag the arms at

first met with general approval, which soon gave place to an acceptance

of it as an emblem of the power and sovereignty of the United States,

which placed it above criticism.

Not all of the fathers of the Republic, however, were pleased with the

selection of the eagle as the national emblem. When the badge of the

Order of the Society of the Cincinnati was made in France in 1784 it was

objected to by some because the displayed eagle resembled a turkey.

For my part [wrote Benjamin Franklin January 26, 1784, to his

daughter], I wish the bald eagle had not been chosen as the

representative of our country; he is a bird of bad moral character; he

does not get his living honestly; you may have seen him perched on

some dead tree, where, too lazy to fish for himself, he watches the

labor of the fishing-hawk; and, when that diligent bird has at length

taken a fish, and is bearing it to his nest for the support of his

mate and young ones, the bald eagle pursues him, and takes it from

him. With all this injustice he is never in good case; but, like those

among men who live by sharping and robbing, he is generally poor, and

often very lousy. Besides, he is a rank coward; the little _kingbird_,

not bigger than a sparrow, attacks him boldly and drives him out of

the district. He is therefore by no means a proper emblem for the

brave and honest Cincinnati of America, who have driven all the

_kingbirds_ from our country; though exactly fit for that order of

knights, which the French call _Chevaliers d’Industrie_.

I am, on this account, not displeased that the figure is not known as

a bald eagle, but looks more like a turkey. For in truth, the turkey

is in comparison a much more respectable bird, and withal a true

original native of America. Eagles have been found in all countries,

but the turkey was peculiar to ours; the first of the species seen in

Europe, being brought to France by the Jesuits from Canada, and served

up at the wedding table of Charles the Ninth. He is, besides, (though

a little vain and silly, it is true, but not the worse emblem for

that,) a bird of courage, and would not hesitate to attack a grenadier

of the British guards, who should presume to invade his farmyard with

a _red_ coat on.[32]

The seal itself has, of course, a very limited use, which is strictly

guarded by law. The Secretary of State is its custodian, but even he has

no authority to affix it to any paper that does not bear the President’s

signature.

In 1803 Chief Justice Marshall, in delivering an opinion of the Supreme

Court, used the following language relative to the seal. It may be

considered applicable to all instruments to which the seal is affixed.

The signature [of the President] is a warrant for affixing the great

seal to the commission, and the great seal is only to be affixed to an

instrument which is complete. It attests, by an act supposed to be of

public notoriety, the verity of the presidential signature.

It is never to be affixed till the commission is signed, because the

signature which gives force and effect to the commission, is

conclusive evidence that the appointment is made.

The commission being signed, the subsequent duty of the Secretary of

State is prescribed by law, and not to be guided by the will of the

President. He is to affix the seal of the United States to the

Commission, and is to record it. (1 U. S. Reports, 374.)

As the duties of the Government have expanded, the impracticability of

having the seal of the United States attached by the Department of State

to the commissions of officers who are under some other Department has

been recognized by Congress. By the act of March 18, 1874,[33] the

commissions of postmasters were directed to be made out under the seal

of the Post-Office Department; the act of March 3, 1875,[34] placed the

commissions of officers of the Interior Department under that

Department; by act of August 8, 1888,[35] all judicial officers,

marshals, and United States attorneys were ordered to be appointed under

the seal of the Department of Justice; and by an Executive order of June

16, 1893, President Cleveland directed that all warrants of pardon and

commutations of sentence granted to offenders convicted in the courts of

the United States should thereafter be made out under the seal of the

Department of Justice.

At the present time the seal of the United States is affixed to the

commissions of all Cabinet officers and diplomatic and consular officers

who are nominated by the President and confirmed by the Senate; all

ceremonious communications from the President to the heads of foreign

governments; all treaties, conventions, and formal agreements of the

President with foreign powers; all proclamations by the President; all

exequaturs to foreign consular officers in the United States who are

appointed by the heads of the governments which they represent; to

warrants by the President to receive persons surrendered by foreign

governments under extradition treaties; and to all miscellaneous

commissions of civil officers appointed by the President, by and with

the advice and consent of the Senate, whose appointments are not now

especially directed by law to be signed under a different seal.

[Illustration: [Fleuron]]

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