Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1857-02-07

an answer, L VIII Hdy tbdt INC ci9Htu sGttioH
of the law says that he--the President--may
select any person or persons to discharge the
duties Of that office. If the duties OF the
office REQUIRED him to enter the council cham
Der. | have no doubt he discharged his du-
ties in that respect. There is no proof as
to what particular duty Or duties he diseharg-
cd. He performed all the duties which de-
volved upon the Office. He was Secretary
of the State for the time being, sharing in
the responsibilities, and entitled to the elnol-
uments And let me say, that warrant
issued By him as Secretary of State would
have been as perfect protection to the man
who acted under-. or invoked its authority
to protect h. as e warrant or authority
! Of any man no held the office by being
constitutionally appointed by the President,
by and with the advice and consent of the
Senate.
Mr. LETCIIER. I shall get to that
eighth section after a while. have not got
far on in my remarks yet but | want to
know, if all these things were done by him,
why it is that all the evidence is not upon
the record, to demonstrate the fact, and to
show that he really performed every duty
which lcgitimately attached to the Secretary
of State, or the Secretary of the Treasury?
Now, sir, | take issue with my friend
from New York upon another ground
There is no law which authorizes the Pres
dent of the United States ito appoint" any
man to fill a vacancy. If you will look at
the terms of the section to which the gen.
tleman has referred, in regard to supplying
temporary vacancies, you will find that the
terms "o'dlori.ed in the absence Of the
head, are used, and not the term appoint y
Now, what is the reason of the rule? 1t is
simply this it the Secretary of State is ab-
sent for a day or two, or for week, from
sickness or any other cause, there are papers
to be signed there are writings to be exc
.cuted; there is to be supervision over the
entire Office, and it is for the purpose OF
protecting these papers, Of ascertaining
whether regular discharge of duties has
occurred in the meantime, and that there
may be some ono to sign and answer papers
in the Secretarys absence, that this power
is given to the President.
Now let Us look to the act organizing the
Treasury Department. The first section Q.
that act authorizes the President
.'to appoint Secretary Of the Treasury. to be
deemed the head of the Depart :ent, Comptroller,
an AUDITOR a Treasurer a Register, and an Assis-
tant Secretary ot the Treasury, Which Assistant
shall be appointed 10y the said Secretary of tkc freu-
safg,"
Let us see what are the duties of this As
sistant, who is nothing more than the chiet
clerk. In the seventh section it is provided :
eWlf,lcvcr the scoeeta5y OF STATE shall be re-
moved from office by the President of the United
states, in any other of poeancy in the office
OF Secretary, the Assistant shall, during the
cg, have the charge and custody OF the records,
books, and papers appertaning to the said ollice'
showing that this business is the same in
both Departments.
Mr. PAINE. From what act does the
gentleman read
Mr. LETCllER. From the act of Sep
tember .. 1850. will 90 on with my his
torieal reference to these acts The act Of
May 8, 1892, contained an eighth section in
these words:
''rhat on the DEATH absence from the seat of Gov
crnment, or sickness Of the secretary of State Sec
rotary OF the Treasury or the Secretary OF the War
Department., or OF officer OF either OF said De
partments, whose appointment is not IN the head
thereof, whereby they canoot perform the duties of
their said respective Offices il shall be lawful ior the
President OF tie tsiited States, in case he sha.l
think it necessary
to do what
"to authori<e any person persons, at his dscre-
ton, to perform the duties OF the said respective
Offices until "a successor be appointed, until such
absence or inability by sickness shall cease
Now, sir, ask if it is not apparent, from
the very language employed in that act, that
ii was not intended to commission another
officer to take his place, and to be entitled
to his pay and emoluments while the pay
and emolument was going to the other oili-
Ger during his absence There was no va
cancy i'll the case. 1t was nothing but Il
temporary absence. The Office was still fill
ed; and while it was filled you authorized
another to do the duties of the office which
was then occupied by one who was merely
absent for the time being. Then, when they
speak of giving the President authority to
select an individual during such temporary
absence, they do not give him the authority
which is contcnded for by my friend from
New York, viz: to appoint another Secre-
tary of the Treasury, or another Secretary
of State, both of those officers at the same
time drawing from the Treasury their regu-
lar salaries. 1t was intended merely to sup
ply that absence, and to furnish an indiyid-
ual to have charge of the office in the mean
time, in order to preserve the records and
papers, and to see that the duties of the Office
were legtimatoly and faithfully discharged,
merely by afixing his signature to- and au-
thentcating properly the necessary papers
to keep up, the regular business OF the De
partment
During the administration of Gen. Jack
sou, it occurred that an appointment was
made of one Secretary in the temporary alb
sence of another, to perform the duties of
the Office 50 temporarily vacated and at that
time the custom grew up by which the tenn
porary occupant of the Office was allowed to
receive pay for the additional services thus
performed in experimenting the duties of Il
Department to which he had nat been legal
ly assigned. II | rccollect Alright, sir, the
present Chief Justice of the Supreme Court,
for whom have as high respect as any
man, and Mr.. Benjamin T. Butler, of the
State Of New York, were two of the Cabinet
at that time and in the absence of some
member of the Cabinet, Mr.. Butler was as
signed to suporiutend his Department, and
during that absence he received the eompen-
sation. If mistake not, also, it will be
found that during the time of the service of
the Chief Justice, he, for the performance of
like temporary duties, received the same