The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-05-05
ArroRNEY GENERM's OFrrcE,

April Is, lS45.
| SIR: have had the honor to receive your com
munication of the 18th instant, referring to me let
ter addressed you by the Solicitor Of the Treasury
Of that date, and asking my opinion in writing on
the questions therein presented for your consid-
Grafton.
By the first section of the act of the Sd March,
lS45, it was enacted: "That the States of Iowa and
Florida be, and the same are hereby declared to be
States of the United States of America and are
hereby admitted into the Union, on equal footing
with the original States in all respects whatsoever"
The judicial system established by the laws of the
United States for the Territory Of Florida, was in
full force at the time of the passage of this act.
When she becomes State Of the Union, and at
what time the jurisdiction Of these courts shall term-
nate, whether on the passage of the act when her
organization shall have been completed, by her own
State authorities acting under her State constitutions
as to all subjects within the control of herlegslature
and as 10 Others by the complete organization of the
federal courts authorized by the act supplementary
to the act before referred to- are questions of much
interest They are, however, questions for the ju-
dietary itself, and must be settled by the courts
will only remark that it cannot be presumed TO have
been the intention Of Congress to have produced an
allegiance of all government in Florida, from the
passage of the act of admission to the organization
of the new order Of things; that there be no
government, executive or judicial, and no laws ex-
cept the fundamental law established by their con-
stitution. On general principles, | am clear in the
opinion that this is not the result; and such has
been the practice, it is believed least ten of the
thirteen new States heretofore admitted into the
Union. therefore entirely approve the course in
dcated by the Solicitor Of the Treasury, Of in
structing the district attorneys to proceed with
the business Of the United States in the exist
ing courts. But. as | have before remarked,
this is a question of Judicial authority on which
my official opinion would have no controlling innu-
ence with those whom its decision devolves.
The only question involving executive authority
and action is, Have you now, in the recess of the
Senate, the power to appoint the district Judge the
district attorney, and the marshal, whose Offices
created by the act supplemental to the act for
the admission Of the States Of Iowa and Florida in
to the Union, approved Sd March, ls45'
The question has often occurred and the nterpreta
ton of the constitution has been so well established
that cannot doubt on it. If vacancies are known
to exist during the session of the Senate and nomi-
nations are not then made they cannot be filled by
executive appointments in the recess Of the Senate
And the rule is the same where offices are created
by law taking effect during the session of the SEN
ATE, and denominations are made. As the act re- |
erred to made no provision for the transfer of
causes, is perhaps fortunate, and may have been
expected by the Senate, that no appointments can /
Do made until the next meeting of Congress.
have the honor to be, respectfully, sir, your obe
lient servant,
JOHN Y. MASON. i
To the PRESIDENT.