Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-04-18
From Warrington Governor Cum
mfngS. etc.

mfngs, etc.
WASHINGTON, April 1.-THE leave of
absence given to Governor Cummings, of
Colorado territory, on the 1st of December,
has been extended to the 9th of April, be-
cause of the necessity of his attendance in
Washington, relative to the affairs of Colo.
RADIO.
The President to-day replied to the reso-
luton of the Senate calling for copies of
any official opinions which have been given
by the Attorney General, the Solicitor Of
the Treasury, or any other officer of the
Treasury on the Interpretation of the act of
Congress regulating the Treasury office, es-
peciaIly in regard to the appointments by
the President during the recess of Con-
gress. The resolution having been referred
to the Secretary Of the Interior, Secretary
of State, Secretary of War, Secretary of
Navy, Attorney General and Postmaster
General, they severally reported that they
have given no opinion on the subject. The
Secretary of the Treasury, however, in his
reply, submits a transcript Of letters adj
dressed to him by the Solicitor of that de-
partment, together with his reply. These
contain all the information on the subject
Secretary MeCulloch writes to Solicitor
Marshall on the I'd: ain view of the pos
sibility that the commissions of officers Of
customs at the several ports may, within
few days, expire by constitutional limita-
ton before successors have been appointed,
| have the honor to request your opinion
as to what legal provision exists for the
administration of the duties of custom
officers, naval officers and surveyors, during
the time one or more of them are vacant,
after the expiration of commissions of
present incumbents; and in view of the
imminence of the emergency, | would re-
quest the favor of an early reply"
The Solicitor of the Treasury, on the
9TH of March, replies that no distinct or
clear provision has been made by Congress-
At first view it would seem to be caucus
omission, and that office would remain
vacant or in allegiance till an appointment
could be made. This would, however, be
a great public calamity. Such offices must
as q matter of necessity be constantly filled,
az the duties to be performed daily are diff
ferent from most other offices. In view of
this fact it is not TO be presumed that Con-
gress intended to omit provision for this
exigency, but on the other hand considered
such provision actually made. In many
cases the law provides in terms that an
officer once appointed shall hold the office
till his successor be qualified, but no ex-
press 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 officer
in question. The act of March Sd, 1867,
empowered collectors, with the approval of
the Secretary, TO appoint deputies and de-
clared such deputies should be officers of
customs; Sd Statute, 397, deputy is, in
law, but the shadow of his principal, as a
general rule, and his tenure of Office ceases
with that of the collector. The act alluded
to, however, seems TO change the general
rule to a certain extent, and makes the
deputy office a distinct one, in some re-
spects, at least. 1t may be that Congress
intended that he should act in the exigen-
cies in question. l am by no means clear
on that point, and in view of public
necessity. recommend that you author
ize a special deputy collector to act, but
the same reasoning does not strictly apply
to deputies of naval officers and surveyor,
whose respective commissions have ex-
pired. But convenience requires some rule,
anu III TIC dDSGuCc VI luGlI pTOklSlOuS
thereto, you may be warranted in following
it. | have the honor to be,
(Signed) EDMOND JoURDAN,
Solr Treas.
SoLICIToR's OFFICE, TREASURY De-
PARTMENT, March q, 1867.-Secretary
McCulloch-Sir: l have received through
Mr.. Creevey your verbal request for my
opinion on certain questions relative to the
Office of Collector of Customs at Philadel-
phia. 1t appears that Mr.. johnson re-
ceiVed from the Treasury Department tenn
porary appointment during the recess prior
to the last session of the Senate, and re-
nominated for a permanent appointment
during the session, which nomination was
rejected so Mr.. Johnson's term expired at
the end Of the session; and whereupon no
other nomination having been made, the
Secretary of the Treasury, in order to
avoid total suspension of the functions
of Collector, directed f. r. Myers, special
Deputy Collector, to perform the duties
Of Office for the time being: questions pro-
pounded to me, are whether under the
circumstances, the Secretary can now re-
move Mr.. Myer and appoint his successor,
or devolve the duties of Office upon another;
whether he could do so during the recess of
the Senate, and finally, who in case
of the death or resignation of Mr.. Myer,
could perform the duties, and by whose
authority. In reply, l have to say,
l think that you would lave the power to
remove Mr.. Myer for good cause affecting
the public interest, either now, or during
the recess of the Senate; and in the event
of such a removal, it is competent for you
to designate some one of the other deputies
to perform the duties of the Office. /
think that some action would be proper
in the event of the death or resignation
of Myer. Perhaps in making such desig-
nation, it would be advisable to select the
oldest deputy, provided there were no
special reasons to the contrary. These
powers are not conferred on you by any
express provisions of law, but they seem to
me to be the result of imperative necessity.
1t is perhaps proper for me to add that |
have read this letter to the Attorney Gene
raj, and he concurs in the views it ex-
presses. have the honor, etc,
EDMUND JoURDAN, Sol. Treas'y.