New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-04-18
THE TENURE-OEOFFTCE BILL.

OFFICIAL oPINIoNs-REPLY OF THE PRESIDENT TO
THE SENATE RESOLUTION OF INQUIRY
TRIBUNE
WASHINGTON. April 1.-THE President to-day re-
Piled to the OF the Senate calling for copies OF
any official opinion which may have been given by the
Attorney GENERAL the Solicitor Of the Treasury or by any
other officer OF the Government, the Interpretation OF
the act Of Congress regulating the tenure OF office
pecay regard to appointments by the President dur
ing the recess OF Congress This resolution having been
referred TO the Secretary OF the Interior the Secretary OF
State Secretary Of War; the Secretary OF the Navy
the Attorney General and the POstmasterGeneral they
severay report that they have given opinion upon the
subject The Secretary Of the Treasury however In his
reply submits transcript OF letter addressed by him
TO the Solicitor OF that Department together with his
reply These contain all the information lac has upon the
subject Secretary McCulloch writes TO the Solicitor,
March Last:
"In view Of the possibility that the commissions OF
the officers OF the Customs at several ports
within few days, expire by Constitutional limitation
before their successors have been appointed, have the
honor request your opinion to what legal provisions
exist for the adminsa Of the duties Oi the offices OF
Collector Naval Officer and the Surveyor during the
time OF them are vacant after the expiration
OF the commissions OF the present ncumbents; and IN
Of the nmnence OF the emergency would request
The Solicitor OF the treasury the 7th Of March
niles that no distinct clear provision has been made by
Congress upon the subject At first view would seem
70 be OniSsS and that the Office would remain
vacant or in allegiance until new appointment could
be made This would, however, De a public calamity.
such offices must matter Of necessity he constantly
filled as the duties be performed day by day and
are different from most other offices IN this respect In
view OF this fact 1t is not to be presumed that Congress
intended 10 omit provision for the exigeney but the
other hand considered such provision actually made.
In many te law provides IN erns mat an officer
once appointed shall hold the office until successor
i've qualified but no express provision Of that kind
Is made here Again. at common law, certain officers
are held from necessity hold in this manner but
this has not believe, been the usuast Of our Govern
4s Y 5saa % & % the a aSpoDS
iOnO al he
that such deputies should be officers Of the customs
ed statute 35t deputy i5n but the shadow Of his
principal as general rnie, and his tenure of office
with that OF the collector The Act alluded TO-
however seems Intended TO change the general rule 10
certain extent aud 10 make the deputies office district
ia respects at least IL may DC that Congress
intended that he should act In the e1igency in question
am by means clear upon the point but yet In the
absence OF other provision aud III view OF the public
Deputy Collector to act The same reasoning does not
strictly apply TO the Deputies OF the Naval Ofeer ana
but convenience requires the same rule, and in the
sence Of other provisions think you may be warranted
EDWARD JoURDAS, solicitor OF the Treasury.
Hon. II. MccULLooh, Secretary OF the Treasury
THE PHILADELPHIA CASE.
TREASURY DEPARTMENT, SOLICITORS OTfIcE,}
sR have received through Mr. Creepy, your verbal
request for my opinion upon certain questions relating 10
the office Of Collector Of Customs AZ Philadelphia 10
temporary appointment during the recess pr0r 10 the
last Of the Senate, and nomination for per
manent appointment during the session. which nominh
ton rejected that Mr. JohnsOns term expired at
the end Of the session WheTeupOn, other nomination
having been made the Secretary the Treasury IN order
10 AVOID suspension functions Of the Collector
directed r. r. Myer Special Deputy Of the late Collector
70 perform the duties Of the office for the time being
The questions propounded 10 me Whether under
the circumstances the Secretary remove MT
Myer and appoint successor devolve the duties or
the office upon another whether he could do during
the OF the Senate and finally who in ease OF the
death resignation Of Mr. Myer, could perform the
duties OF the Office and by authority In reply,
have 20 say think you have the power 70 remove MI
hyer for good affecting the public interests either
during the Of the Senate and that IA the
event of such removal 10 competent for you 10 desg
nate Of the other deputies VI the Coleot0r "a