The Portland daily press., 1867-04-18

mn WASHINGTON, April II.
Inc senate has confirmed Thos. Swords, G.
n. Crossman, Daniel III. Vinton and Lowell III.
Rosseau to be Major Generals by brevet, and
lanes A. Congdon, Calvin Otis, Robert L.
Iaetefson, James Ill. Gerry and Alexander
1aTdner TO be Brigadier Generals by breyet.
Inc Senate rejected James b. Ingraham as
Marshal for the Western District Of Tennes-
see. n -f f.T r-f.f. ~ 80
Inc ponce made descent on another gam
plng house last night, oapturing fourteen men,
and cards, checks and other apparatus
IL; Inc resident to-day replied to the resolu-
lion OF the Senate calling for copies of any
omclai opinions which have been given by the
Attorney General, Solicitor of the Treasury,
or by any other officer Of the Government on
the Interpretation of the act of Congress- reg
ulatlng the tenure of office, especially in re-
gard to appointments by the President during
the recess of Congress- This resolution hay-
ing been referred to the Secretary of the In
terror the Secretary of State, the Secretary of
war, the Secretary OF the Navy, the Attor-
ney General ard the Postmaster General,
they severaliy report that they have given no
opinion on the subject. The Secretary of the
Treasury however, in his reply submits the
transcript OF letter addressed by him to the
solicitor OF that Department together with
hisreply. These contain all the Information
ne has upon the subject. Secretary McCul-
loch writes to the Solicitor March Cd last
In view OF the possibility that the commissions
OF the thief officers Of Customs at the several
ports within afew days expire by constitutional
limitation before their successors have been
appointed. have the honor to require your
opinion as to what legal provisions exist for the
administration of the duties of the Office to
collector, naval officers and surveyor during
the time one or more of them are vacant after
the expiration of the commissions of the pres
emit incumbents, and in view OF the imminence
of the emergency, would request the favor
of an early reply" The Solicitor of the Treas
ury, on the 7th of March, replies that no dis
tinet or clear provision has been made by Con-
gress upon the subject. At the first view it
would seem to be causus omissus, and that
the Office would remain vacant or in obeyance
until new appointment could be made. This
would, however, be public calamity Such
on1ces must, as matter of necessity, be con-
stantly filled, as the duties are to be performed
day by day and are different from most other
offices in this respect. In view of this fact it
is not to be presumed that Congress intended
TO omit provision for the exigency, but on the
other hand considered such provision actual
ly made. In many cases the law provides in
terms thaS an officer once appointed shall hold
the office until his successor be qualified but
no express provision of that kind is made here.
Again, at common law, certain officers are held
from necessity to hold over in this manner, but
this has not, believe, been the usage of our
Government in relation to the offices in uues-
ton. The act of March 3, 1917, empowered
collectors, with the Appreciation of the Secre-
tary, to appoint deputies, and declared that
such deputies should be officers of customs. A
ueputy IL, III law, DuG a SHADOW OF his prlncl-
pal, as general rule, and his tenure Of office
ceases with that of the collector. The act al
luded to, however, seems intended to change
the general rule to certain extent, and to
make the deputy's Office distinct one, in some
respects at least. 1t may be that Congress in
tended that he should act in the exigency in
question. l am, by no means, clear on this
point, but yet, in the absence of any other pro-
vision, and in view of public necessity rec
Ommend that you authorize the special deputy
collector to act The same reasoning does not
strictly apply to the deputies of the naval
officer and surveyor whose respective commits
sions have expired, but convenience requires
the same rule in the absence of other provis-
ions. think you may be warranted in follow
it. have, etc.,
(Signed) EDWARD JORDAN,
t- Solicitor of the Treasury.
Hon. 81. McCulloch, Secretary OF the Treasury"
The colored people of Georgetown and the
freedmens village, who through some misun-
Outstanding, failed to join in the ceremonies
yesterday, celebrated to-day the anniversary of
emancipation in the District of Columbia.
After parading through the principal streets of
Georgetown and Washington, the procession
passed up 14th street, where stand had been
erected, and while waiting for the arrival of
Gov. Morton, of Indiana, who had been sent
for, the participants were addressed by John T.
johnson, the barber of the House of Repre-
sentatives, and by John A. Ferguson and Bev-
erly Tucker (colored), of Georgetown, and by
Mayor Welsh, of the latter place. Gov. Nor
ton left the Senate to address the meeting, and
on his arrival on the ground was enthusiast
eallu chaaped