Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-10-14
Tenure Of Bill.


The Tribune's Washington correspon-
dent Of a recent date gives a curious
account OF the injury done to private
and public interests by the operation of
the Tenure Of Office bill:
"Another difficulty arising out Of the
operations Of the Tenure of Office law
has just been developed in the Middle
District of Tennessee Nashville Dis
trict). The District Attorney resigned,
the resignation to take effect on a GER
tain day. The Senate in the meantime
met, and the President made haste to
nominate q successor, and in turn sew
eral, but mono were confirmed. The
nomination Of the frat successor of
course operated to remove the incum-
bent, and the vacancy therefore hap
5pened during the recess, and the Senate
adjourned without filing 1t. Under
these circumstances the Tenure Of Of
fee Act declares that such Office shall
remain In allegiance, ETC., and the du-
ties shall devolve upon the person who
by law performs them in case Of a va
cancy.
"But the Office of District Attorney
is n whose duties do not deyolye by
law ypon any person in case of vacancy.
The Secretary Of the Treasury informs
the Attorney General that gross and ex-
tensive frauds and crimes against the
Revenue laws are being committed in
the Middle District of Tennessee, and
from other sources evidence comes up
that the criminal laws Of the United
States are being extensively violated.
The Courts can do nothing without a
prosecuting officer, and nobody can
prosecute but a District Attorney.
General Grant also informs the At
torney-G General that the government
officers are vexed by suits in the State
courts for acts done in the line Of their
duty, who are entitled to have their acts
carried into the United States courts,
but there is NO District Attorney to &C,
for them. The question is now what
shall the President do? For civil suits
he might make contracts with lawyers,
perhaps, to act for the United States as
a corporation, but the United States is
o sovereign in the opinion Of legal men,
and can prosecute offenders against
their laws only in the manner pointed
out by law. The manner pointed out
by law is through the District Attorneys
and their deputies. On the other hand
the Office Tenure act positively declares
that anybody who appoints or accepts
an appointment, makes out, signs, seals
or accepts q commission, or, in II word,
has anything whatever to do with ex'
ecuting the laws Of the United States,
under the circumstances Of this case
shall be guilty of a high misdemeanor,
and liable to fine and Imprisonment
In short, If the President don't execute
the laws he is liable to grave charges,
and if he does, by appointing the proper
agents to execute them, the Office Ten
ure act reaches him in common with his
appointee, the Secretary of State, and
everybody connected with the transac'
ton being liable to the penitentiary."
It is not necessary to add anything
to this account Of a muddle which mus,
make every man blush who voted fol
the Tenure of Office act. The case will
recall to many persons m in Ohio, re-
ported in the papers some time ago, o.
a postmaster who was found to have
been stealing ; lie was removed by Mr.
Johnson, but the Senate had not time
to act upon the removal !; thereupon, the
postmaster holds over till Congress.
meets, and in the meantime, 1t is said
the Postmaster-G General appealed to him
under the circumstances, as a man o.
honor, to steal as little as possible.