correspondence, and by practical and scientific experiments, the collection of statistics, and other appropriate means; to collect new and valuable seeds and plants; to learn by actual cultivation such of them as may require such tests; to propagate such as may be worthy of propagation, and to distribute them among agriculturists.

He is required to make annually a report to the President and Congress, showing what he has done and the receipt and expenditures of moneys, and may recommend the printing of certain papers forming a portion of his report.

He has charge of the property received from the agricultural branch of the Patent-Office, and such as he may purchase. He employs such persons under him as Congress authorizes, including chemists, botanists, entomologists, and other persons skilled in the natural sciences pertaining to agriculture.

He has the franking privilege on matters pertaining to his official business, to the extent of two pounds. He gives a bond conditioned to account faithfully for all moneys he may receive.

His salary is three thousand dollars.

21. THE DEPARTMENT OF EDUCATION.

The act of March 2d, 1867, declares that there shall be established at Washington a "Department of Education." By the act, this department is to consist of a Commissioner of Education and three clerks.

With the consent of the Senate, the President appoints such commissioner. His duties, as specified in the act, are" to collect such statistics and facts as shall show the condition and progress of education in the several States and territories, and of diffusing such information respecting the organization and management of schools and school systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the country."

It is made his further duty "to present annually to Congress a report embodying the result of his investigations and labors, together with a statement of such facts and recommendations as will, in his judgment, subserve the purpose for which this department is established."

The extent and scope of the labors of this department are not yet before the public so that an opinion can be formed of its success. Although called a department, it seems to be merely an office for the collection of school laws and statistics.

The salary of the commissioner is four thousand dollars

CHAPTER XXXVIII.

I. THE SECRETARY OF WAR.

THE office of Secretary of War was created at the organization of the government in 1789. His duties then included those subsequently assigned to the Navy Department. Those now performed constitute an unnatural combination of those of a commercial and military character. In procuring supplies for the army, he acts as a commercial man. In directing its organization and movements, he acts in a military capacity, for which civilians are seldom qualified. Most of the latter he performs, not by authority of any statute, but under the express or assumed direction of the President as commander-in-chief of the army.

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The organic act directs that he "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 States, agreeably to the constitution, relative to military commissions, or to the land forces or warlike stores of the United States, or to such other matters respecting military affairs as the President of the United States shall assign to said department."

It further provides that the secretary "shall conduct the business of said department in such manner as the President shall order or instruct."

This act confers no power except that of executing such directions as the President may give in relation to military affairs, in which case he acts in a military capacity.

The act of 1813 directs that he shall define and prescribe the species as well as the amount of supplies to be respectively purchased by the commissarygeneral's and quartermaster-general's departments, and the respective powers and duties of those departments respecting such purchases.

It also authorizes him to prescribe regulations for the transportation of supplies, and for their safe keeping and distribution.

These are commercial duties which naturally pertain to the business of a merchant.

He is authorized to furnish arms, ammunition, and army stores to emigrants going to Oregon, California, and New-Mexico, at the actual cost thereof to the government.

He makes requisitions upon the Treasury Department for means to purchase supplies and for army

expenses.

He has charge of the records of the War Department under the government of the confederation.

He is required to report annually to Congress a statement of public contracts made by the depart

ment, and the number of clerks he employs, and their compensation.

He gives instructions to the adjutant-generals of the respective States concerning returns of the militia therein, and lays abstracts of their reports, when received, before Congress.

He directs the sale of useless military stores and military sites.

He lays before Congress statements of appropriations, expenditures, and balances on hand.

He lays before the President the proceedings of courts-martial in cases where the officer commanding is the accuser.

When occasion may require it, he assembles a board of officers to determine the disability of officers of the army, and whether they should be placed on the retired list.

By the act of 1862, the transportation of troops, munitions of war, equipments, military property and stores throughout the United States is placed under the immediate supervision and control of the Secretary of War.

He reports annually to the President the operations of the department, with such suggestions as he thinks proper concerning the legislation required for the improvement of the military establishment.

He sends estimates to the Secretary of the Treasury of the appropriations which he desires Congress to make for the service of the department for the next fiscal year.