SEC. 4. [Alternative Nicaragua route appropriation surveys.] That should the President be unable to obtain for the United States a satisfactory title to the property of the New Panama Canal Company and the control of the necessary territory of the Republic of Colombia and the rights mentioned in sections one and two of this Act, within a reasonable time and upon reasonable terms, then the President, having first obtained for the United States perpétual control by treaty of the necessary territory from Costa Rica and Nicaragua, upon terms which he may consider reasonable, for the construction, perpetual maintenance, operation, and protection of a canal connecting the Caribbean Sea with the Pacific Ocean by what is commonly known as the Nicaragua route, shall through the said Isthmian Canal Commission cause to be excavated and constructed a ship canal and waterway from a point on the shore of the Caribbean Sea near Greytown, by way of Lake Nicaragua, to a point near Brito on the Pacific Ocean. Said canal shall be of sufficient capacity and depth to afford convenient passage for vessels of the largest tonnage and greatest draft now in use, and such as may be reasonably anticipated, and shall be supplied with all necessary locks and other appliances to meet the necessities of vessels passing through the same from ocean to ocean; and he shall also construct such safe and commodious harbors at the termini of said canal as shall be necessary for the safe and convenient use thereof, and shall make such provisions for defense as may be necessary for the safety and protection of said harbors and canal; and such sum or sums of money as may be agreed upon by such treaty as compensation to be paid to Nicaragua and Costa Rica for the concessions and rights hereunder provided to be acquired by the United States, are hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be paid on warrant or warrants drawn by the President.

The President shall cause the said Isthmian Canal Commission to make such surveys as may be necessary for said canal and harbors to be made, and in making such surveys and in the construction of said canal may employ such persons as he may deem necessary, and may fix their compensation.

In the excavation and construction of said canal the San Juan River and Lake Nicaragua, or such parts of each as may be made available, shall be used. [32 Stat. L. 482.]

SEC. 5. [Preliminary appropriation contracts — limit of expenditures.] That the sum of ten million dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, toward the project herein contemplated by either route so selected.

And the President is hereby authorized to cause to be entered into such contract or contracts as may be deemed necessary for the proper excavation, construction, completion, and defense of said canal, harbors, and defenses, by the route finally determined upon under the provisions of this Act. Appropriations therefor shall from time to time be hereafter made, not to exceed in the aggregate the additional sum of one hundred and thirty-five millions of dollars should the Panama route be adopted, or one hundred and eighty millions of dollars should the Nicaragua route be adopted. [32 Stat. L. 483.]

SEC. 6. [Use of canal, etc., by Colombia, Nicaragua and Costa Rica.] That in any agreement with the Republic of Colombia, or with the States of Nicaragua and Costa Rica, the President is authorized to guarantee to said Republic or to said States the use of said canal and harbors, upon such terms as may be agreed upon, for all vessels owned by said States or by citizens thereof. [32 Stat. L. 483.]

SEC. 7. [Isthmian Canal Commission compensation engineers reports offices.] That to enable the President to construct the canal and works appurtenant thereto as provided in this Act, there is hereby created the Isthmian Canal Commission, the same to be composed of seven members, who shall be nominated and appointed by the President, by and with the advice and consent of the Senate, and who shall serve until the completion of said canal unless sooner removed by the President, and one of whom shall be named as the chairman of said Commission. Of the seven members of said Commission at least four of them shall be persons learned and skilled in the science of engineering, and of the four at least one shall be an officer of the United States Army, and at least one other shall be an officer of the United States Navy, the said officers respectively being either upon the active or the retired list of the Army or, of the Navy. Said commissioners shall each receive such compensation as the President shall prescribe until the same shall have been otherwise fixed by the Congress. In addition to the members of said Isthmian Canal Commission, the President is hereby authorized through said Commission to employ in said service any of the engineers of the United States Army at his discretion, and likewise to employ any engineers in civil life, at his discretion, and any other persons necessary for the proper and expeditious prosecution of said work. The compensation of all such engineers and other persons employed under this Act shall be fixed by said Commission, subject to the approval of the President. The official salary of any officer appointed or employed under this Act shall be deducted from the amount of salary or compensation provided by or which shall be fixed under the terms of this Act. Said Commission shall in all matters be subject to the direction and control of the President, and shall make to the President annually and at such other periods as may be required, either by law or by the order of the President, full and complete reports of all their actings and doings and of all moneys received and expended in the construction of said work and in the performance of their duties in connection therewith, which said reports shall be by the President transmitted to Congress. And the said Commission shall furthermore give to Congress, or either House of Congress, such information as may at any time be required either by Act of Congress of by the order of either House of Congress. The President shall cause to be provided and assigned for the use of the Commission such offices as may, with the suitable equipment of the same, be necessary and proper, in his discretion, for the proper discharge of the duties thereof. [32 Stat. L. 483.]

SEC. 8. [Bond issue to defray expenses.] That the Secretary of the Treasury is hereby authorized to borrow on the credit of the United States from time to time, as the proceeds may be required to defray expenditures authorized by this Act (such proceeds when received to be used only for the purpose of meeting such expenditures), the sum of one hundred and thirty million dollars, or so much thereof as may be necessary, and to prepare and issue therefor coupon or registered bonds of the United States in such form as he may prescribe, and in denominations of twenty dollars or some multiple of that sum, redeemable in gold coin at the pleasure of the United States after ten years from the date of their issue, and payable thirty years from such date, and bearing interest payable quarterly in gold coin at the rate of two per centum per annum; and the bonds herein authorized shall be exempt from all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority: Provided, That said bonds may be disposed of by the Secretary of the Treasury at not less than par, under such regulations as he may pre

scribe, giving to all citizens of the United States an equal opportunity to subscribe therefor, but no commissions shall be allowed or paid thereon; and a sum not exceeding one-tenth of one per centum of the amount of the bonds herein authorized is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the expense of preparing, advertising, and issuing the same. [32 Stat. L. 484.]

ROBBERY.

See LARCENY, vol. 4, p. 789, and consult the General Index.

330. Seal of Comptroller of the Currency, 840.
353. Seal of the Department of Justice, 841.
395. Seal of the Post-office Department, 841.
454. Custody of Seal of General Land Office, 841.
478. Seal of the Patent Office, 841.

1050. Seal of Court of Claims, 841.

1793. Seal of the United States, 841.

1794. Secretary of State to Keep and Use the Seal, 841.

Act of Aug. 8, 1894, ch. 238, 842.

Seal of Department of Agriculture, 842.

Act of March 3, 1899, ch. 149, 842.

Sec. 31. Seal of Census Office, 842.

CROSS-REFERENCES.

Of Librarian of Congress, see LIBRARY OF CONGRESS, vol. 4, p. 801. Counterfeiting, see COUNTERFEITING AND FORGING, vol. 2, p. 302. Of Court of Claims, see CLAIMS, vol. 2, p. 53.

ULAR

Of Goods Transported in Bond, see CUSTOMS DUTIES, vol. 2, p. 713.
For Diplomatic and Consular Officers, see DIPLOMATIC AND CONSULAI
OFFICERS, vol. 2, p. 812.

Internal-revenue Seals, see INTERNAL REVENUE, vol. 3, pp. 646, 647, 681.
To Commissions of Judicial Officers, see JUDICIAL OFFICERS, vol. 4, p. 69.
Of Courts, see JUDICIARY, vol. 4, pp. 396, 560.

Of Surveyors-General of Land Office, see PUBLIC LANDS, ante, p. 188.
Of Shipping Commissioner, see SEAMEN.

Custody of Seals, see STATE DEPARTMENT.

ENT

Of Solicitor of Treasury, see JUSTICE DEPARTMENT

To Commissions of Internal Revenue Officers, see TREASURY DEPARTMENT.

Sec. 6. [Seal defined.] In all cases where a seal is necessary by law to any commission, process, or other instrument provided for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance. [R. S.]

Act of May 31, 1854, ch. 60, 10 Stat. L. 297.

Sec. 330. [Seal of Comptroller of the Currency.] The seal devised by the Comptroller of the Currency for his office, and approved by the Secretary of the Treasury, shall continue to be the seal of office of the Comptroller, and may be renewed when necessary. A description of the seal, with an impression thereof, and a certificate of approval by the Secretary of the Treasury, shall be filed in the Office of the Secretary of State. [R. S.]

Act of June 3, 1864, ch. 106, 13 Stat. L. 100.

This section was amended by the Act of

Feb. 18, 1875, ch. 80, 18 Stat. L. 317, by adding the closing sentence beginning with the words "A description of the seal," etc.

Sec. 353. [Seal of the Department of Justice.] The seal heretofore provided for the office of the Attorney-General shall be, with such change as the President shall approve, the seal of the Department of Justice. [R. S]

Act of March 5, 1872, ch. 30, 17 Stat. L. 35.

Sec. 395. [Seal of the Post-office Department.] The Postmaster-General shall keep the seal heretofore adopted for his Department, which shall be affixed to all commissions of postmasters and others, and used to authenticate all transcripts and copies which may be required from his Department. [R. S.]

Act of June 8, 1872, ch. 335, 17 Stat. L. 285.

Sec. 454. [Custody of seal of General Land Office.] The Commissioner of the General Land-Office shall retain the charge of the seal heretofore adopted for the office, which may continue to be used, and of the records, books, papers, and other property appertaining to the Office. [R. S.]

Act of April 25, 1812, ch. 68, 2 Stat. L. 717.

Sec. 478. [Seal of the Patent Office.] The seal heretofore provided for the Patent-Office shall be the seal of the Office, with which letters-patent and papers issued from the Office shall be authenticated. [R. S.]

Act of July 8, 1870, ch. 230, 16 Stat. L. 200.

Sec. 1050. [Seal of Court of Claims.] The Court of Claims shall have a seal, with such device as it may order. [R. S.]

Act of March 3, 1863, ch. 92, 12 Stat. L. 766.

Sec. 1793. [Seal of the United States.] The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. [R. S.]

Act of Sept. 15, 1789, ch. 14, 1 Stat. L. 68.

Sec. 1794. [Secretary of State to keep and use the seal.] The Secretary of State shall keep such seal, and shall make out and record, and shall affix the same to, all civil commissions for 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. But the seal shall not be affixed to any commission before the same has been signed by the President of the United States, nor to any other instrument, without the special warrant of the President therefor. [R. S.]

Act of Sept. 15, 1789, ch. 14, 1 Stat. L. 68. See also similar provisions of R. S. sec. 203 under STATE DEPARTMENT.

Nature of secretary's duty. - 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. This is not a proceeding which may be varied if the judgment of the execu tive shall suggest one more eligible; but is a precise course accurately marked out by law, and is to be strictly pursued. It is the duty of the secretary of state to conform to law, and in this he is an officer of the

United States, bound to obey the laws. He acts, in this respect, under the authority of law, and not by the instructions of the President. It is a ministerial act which the law enjoins on a particular officer for a particular purpose. Marbury v. Madison, (1803) 1 Cranch (U. S.) 137.

The signature is a warrant for affixing the great seal to a 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. Marbury v. Madison, (1803) 1 Cranch (U. S.) 137.

When seal is to be affixed. The seal is never to be affixed till the commission is