department

Cabinet-level entities

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A portion of a country. In Prance, the country is divided into departments, which are somewhat similar to the counties in this country. The United States have been divided into military departments, including certain portions of the country. 1 Pet. (U. S.) 293. These departments are, for the purposes for which they are created, under the immediate government of some officer, who is, in turn, responsible to his superior. A portion of the agents employed by the executive branch of the United States government, to whom a specified class of duties is assigned.

A portion of a country. In France, the country is divided into departments, which are somewhat similar to the counties in this country. The United States have been divided into military departments, including certain portions of the country. Parker v. U. S., 1 Pet (U. S.) 293, 7 L. Ed. 150. A portion of the agents employed by the executive branch of the United States government, to whom a specified class of duties is assigned. They are appointed by the president, by and with the advice of the senate. The Department of State is intrusted with such matters relating to correspondence, commissions, and instructions to or with public ministers and consuls of the United States, or to negotiations with public minispublic ministers or other foreigners, or to such matters respecting foreign affairs as the president shall assign to said department U. S. R. S. § 202. It has custody and charge of the seal of the United States, and of the seal of the department of state, and of all of the books, papers, records, etc., in and appertaining to the department, or any that may hereafter be acquired by it; id. § 203. The principal officer is a secretary; he shall conduct the business of the department in such manner as the president shall direct. There are three assistant secretaries of state. The Department of the Treasury has charge of the services relating to the finances. It is the duty of the secretary to digest and prepare plans for the improvement and management of the revenue, and for the support of public credit; to prepare and report estimates of the public revenue and the public expenditures; to superintend the collection of the revenue; to decide on the forms of keeping and stating accounts and making returns, and to grant under limitations established by law, all warrants for moneys to be issued from the treasury in pursuance of appropriations by law; to make report and give information to either branch of the legislature, in person or in writing, respecting all matters referred to by the senate or house of representatives, or which shall appertain to his office; and, generally, to perform all such services relative to the finances as he shall be directed to perform. The department includes internal revenue; the mint; life saving service; engraving and printing; national banking system; revenue marine; customs; supervising architect. There are three assistant secretaries. The Department of War is intrusted with duties relating to the land forces. There is an assistant secretary. U. S. R. S. § 214. It has charge of the Military Academy. The Department of Justice is presided over by the attorney-general, who is assisted by the solicitoi'-general and four assistant attorneys-general, and by solicitors for certain departments. There is provision for the employment of special counsel in certain cases. The attorney-general is required to give his advice and opinion upon questions of law whenever required by the president or the head of any executive department, and on behalf of the United States to procure proper evidence for, and conduct, prosecute or defend all suits in the supreme court or in the court of claims, in which the United States or any officer thereof, as such officer, is a party or may be interested. He exercises general superintendence and direction over the attorneys and marshals of all the districts in the United States and territories, think necessary to assist the district attorneys in the discharge of their duties. U. S. R. S. § 346. The Post Office Department has the general charge of matters relating to the postal service, the establishment of post-offic< pointmenl of postmasters, and the like. The head of the department is the p general and there are four assistanl posticral. U. S. K. 8. £§ 394 896; 1 Bupp. 927. The Deportment of the Navy is intrusted with the charge of the navy. There is an assistant secretary and a jndge adv< general. There are in the navy department certain bureaus: Yards and docks; equipment and recruiting; navigation; ordnance; construction and repair; steam engineering; provisions and clothing; medicine and surgery. It includes the Marine Corps and the Naval Academy. The Department of the Interior has general supervisory and appellate powers over the office of the commissioner of patents, and charge of the land office, Indian affairs, pensions, education, mines, geological survey, government hospitals and asylums and capital buildings. There is an assistant secretary. The Department of Agriculture is presided over by a secretary of agriculture. The design and duties of this department are to acquire and diffuse useful information on subjects connected with agriculture, aud to procure, propagate, and distribute among the people new and valuable seeds and plants; Act Feb. 9, 18S9; by act of 1890 the Weather Bureau was added. There is an assistant secretary. The Department of Commerce was provided by Act of Feb. 14, 1903, as the Department of Commerce and Labor; upon the creation (infra) of the Department of Labor, it became the Department of Commerce. The department includes supervision of corporations, lighthouses, the census, steamship inspection, standards, navigation and foreign and domestic commerce. The Department of Laoor was created by Act of March 4, 1013, to promote the welfare of the wage earners of the United States, to Improve their working conditions, etc. it includes Immigration, naturalization, labor Statistics and children's bureau. As to the succession to the presidency, Bee Cabinet.

1. One of the territorial divisions of a conntry. The term is chiefly used in this sense in France, wherethe division of the country into departments is somewhat analogous, both territorially and for governmental purposés. to the division of an American slate into counties. 2. One of the divisions of the executive branch of government. Used in this sense in the United States, where each department is charged with a specific class of duties, and comprises an organized staff of officials; e. g., the department of state, department of war, etc.

(Adj. Departmental.) The departments of government are the 1 F. deinzein, a trader " within " the privilege of a city franchise: deinz, within,

— Skeat. a 1 Bi. Com. 374; 6 Pet. 116, note. 8 Webster's Diet.; 1 Bl. Com. 374. 4 1 Bl. Com. 374. 6 [Merle v. Mathews, 26 Cal. 477 0864). * L. deo-dandum, given to God. legislative, the executive, and the judicial departments. In our system, it is important that these departments be kept separate, that one be not allowed to encroach upon the domain of another.' While a general separation has been observed between the different departments, so that no clear encroachment by one upon the province of the other has been sustained, the legislative department, when not restrained by constitutional provisions and a regard for certain fundamental rights of the citizen which are recognized in this country as the basis of all government, has acted upon eveiything within the range of civil government. 2 The executive business of the general government, under a permission rather than a mandate of the Constitution, is distributed to seven executive "departments " of equal grade.. Administration of the duties of these respective departments is committed directly to a "secretary" or " head," who, with his principal assistants, is appointed by the President as chief executive, with the advice of the Senate. The departments are designated as of — the iuterior,3 justice,* the navy,"^ the post-office,^ state,'' the treasury,^ and war.^ The department of agriculture '" is of subordinate grade. The head of a department is required to exercise judgment and discretion in administering the concerns of his office. He exercises his own judgment in expounding the laws and resolutions of Congress under which he is to act. If he doubts, he may call on the attorney-general for counsel. If the Supreme Court shoiild differ with him as to the construction to be placed upon any of these laws it would pronounce judgment accordingly. But the interference of the courts with the performance of the ordinary duties of the executive departments would be productive of nothing but mischief — such power was never intended to be given to them... The court by mandamtts may direct the doing of a purely ministerial act, but not the exercise of a duty requiring judgment and discretion.'! The heads of departments are the President's authorized assistants in the performance of his " executive " duties, and their official acts, pronaulgated in 1 See Mabry v. Baxter, 11 Heisk. 689-90 (1872). 2 Maynard v. Hill, 125 U. S. 205 (1888). As to the independence of the departments of government, see Si Am. Law Rev. 210-37 (1887), cases. 3 R. S. § 437: Act 3 March, 1849. 4 R. S. § 346: Act 24 Sept. 1789. 0 R. S. § 415: Act 30 April, 1798. e R. S. § 388: Act 8 May, 1794. 7 R. S. § 199: Act 27 July, 1789. s R. S. § 233: Act 2 Sept. 1789. » R. S. § 214: Act 7 Aug. 1789. '» R. S. § 520: Act 15 May, 1862. ' ' Decatur v, Paulding, 14 Pet. 515-17 (1840), Taney, C. J.; United States v. Macdaniel, 7 id. *15 (1833); Kendall u. United States, 12 id. 610 (1638): Litchfield v. the regular course of business, are presumptively his acts.' When the head of a department is required by law to give information on any subject to a citizen he may ordinarily do this through subordinate officers." The supervision which the head of a department may exercise over a subordinate does not extend to a matter in which the latter is directed by statute to act judicially.' See Comity; CoNSTrrc TioNAL; Document, Public; Executive; QovKRNaBNr; Judioiaby; Legislature; Ministerial, 1; Proclamation, 2; Reoulation.