2.
Attorneys and counsellors, who have been trusted professionally with
the secrets of their clients, are not allowed to reveal them in a court
of justice. The right of secrecy belongs to the client, and not to the
attorney and counsellor.
3.
As to the matter communicated, it extends to all cases where the client
applies for professional advice or assistance; and it does not appear
that the protection is qualified by any reference to proceedings pending
or in contem-plation. Story, Eq. Pl. §600; 1 Milne & K. 104; 3 Sim.
R. 467.
3.
Documents confided professionally to the counsel cannot be demanded,
unless indeed the party would himself be bound to produce them. Hare on
Discov. 171. Grand jurors are sworn the commonwealth's secrets, their
fellows and their own to keep. Vide Confidential comunications; Witness.
SECRET, rights.
A knowledge of something which is unknown to orthers, out of which a
profit may be made; for example, an invention of a machine, or the
discovery of the effect of the combination of certain matters.
2.
Instances have occurred of secrets of that kind being kept for many
years, but they are liable to constant detection. As such secrets are
not pro-perty, the possessors of them in general prefer making them
public, and securing the exclusive right for years, under the patent
laws, to keeping them in an insecure manner, without them. See Phil. on
Pat. ch. 15; Gods. on Pat. 171; Dav. Pat. Cas. 429; 8 Ves. 215; 2 Ves.
& B. 218; 2 Mer. 446; 3 Mer. 157; 1 Jac. & W. 394; 1 Pick. 443; 4
Mason, 15; 3 B. & P. 630.
SECRETARY. An
officer who, by order of his superior, writes letters and other
instruments. He is so called because he is possessed of the secrets of
his employer. This term wag used in France in 1343, and in England the
term secretary was first applied to the clerks of the king, who being
always near his person were called clerks of the secret, and in the
reign of Henry VIII. the term secretary of state came into it.
SECRETARY OF EMBASSY or OF LEGATION. An
officer appointed by the sovereign power, to accompany a minister of
first or secoud rank, and sometimes, though not often, of an inferior
rank. He is, in fact, a species of public minister; for independently of
his protection as attached to an ambassador's suite, be enjoys, in his
own rights, the same protection of the law of nations, and the same
immunities as an ambassador. But private secretaries of a minister must
Dot be confounded with secretaries of embassy or of legation. Such
private secretaries are entitled to protection only as belonging to the
suite of the ambassador.
2.
The functions of a secretary of legation consist in his employment by
his minister for objects of ceremony; in making verbal reports to the
secretary of state, or other foreign ministers; in taking care of the
archives of the mission; in ciphering and deciphering despatches; in
sometimes making rough draughts of the notes or letters whicb the
minister writes to his colleagues or to the local authorities; in drawup
proces verbaux; in presenting passports to the minister for his
signature, and delivering them to the persons for whom they are
intended; and, finally, in assisting the minister, under whom be is
placed, in everything concerning the affairs of the mission. In the
absence of the minister he is admitted to conferences and to present
notes signed by the minister. Vide Ambassador; Minister; Suite.
SECRETARY OF LEGATION. An officer employed to attend a foreign mission, and to perform certain duties as clerk.
2.
His salary is fixed by the act of congress of May 1, 1810, s. 1, at
such a sum as the president of the United States may allow, not
exceeding two thousand dollars.
3.
The salary of a secretary of embassy, or the secretary of a minister
plenipotentiary, is the same as that of a secretary of legation.
SECRETARY OF THE NAVY, government.
This officer is appointed by the president. His duties are to execute
all such orders as he shall receive from the president, relative to the
procurement of naval stores and materials, and the construction,
armament, equipment and employment of vessels of war; as well as all
other matters connected with the naval establishment of the United
States; act of 30th April, 1798, s. 1, 1 Story's Laws, 498; he appoints
his own clerks and subordinate officers. Various other duties are
imposed upon him by sundry acts of congress. Vide Gordon's Dig. art. 370
to 375.
2. His salary is six thousand dollars. Act of 20th Feb. 1819, 3 Story's Laws, 1720.
SECRETARY OF STATE OF THE UNITED STATES, government.
The principal officer in the Department of State. (q. v.) He shall
perform such duties as shall be enjoined on or entrusted to him by the
president, agreeably to the constitution, refative to the
correspondences, commissions or instructions to or with public ministers
or consuls from the United States, or to negotiations with foreign
states or princes, or to memorials or other applications from foreign
public ministers or foreigners, or to such other matters respecting
foreign affairs as the president of the United States shall assign to
such department. The secretary shall conduct the business of his
department in such manner as the president shall, from time to time,
order or instruct. Act of 27th July, 1789 act of 15th Sept: 1789, s. 1.
Besides these general laws, there are various, others which impose upon
him inferior and less important duties.
2. His salary is six thousand dollars per annum. Act of 20th Feb. 1819.
SECRETARY OF THE TREASURY OF THE UNITEE STATES, government.
An officer appointed by the president. His principal duties are, 1. To
superintend the collection of the revenue. 2. To digest, prepare, and
lay before congress at the commencement of every session, a report on
the subject of finance. 3. To annex to the annual estimates of the
appropriations required for the public service, a statement of the
appropriations for the service of the year, which may have been made by
former acts. 4. To give information to either house of congress,
respecting all matters connected with his office. Besides these, there
are other minor duties imposed upon him by various acts of congress.
2. His salary is six thousand dollars. Gord. Dig. art. 249 to 262.
SECRETARY FOR THE DEPARTMENT OF WAR, government.
This officer is appointed by the president. He is required to perform
and execute such duties as shall, from time to time, be enjoined on or
entrusted to him by the president, 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 shall assign to the department of war,
(q. v.) or relative to granting of lands to persons entitled thereto
for military services rendered to the United States, or relative to
Indian affairs. Act of 27th Aug., 1789, 1 Story's Laws, 31.
2. His salary is six thousand dollars per annum. Act of 20th Feb. 1819, 3 Story's Laws, 1720.
3.
Various other duties are imposed upon the secretary by sundry acts of
congress. Vide Laws, Index, Departments, &c.; Gordon's Dig. art. 368
to 382.
No comments:
Write comments