New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-08-18
80 49, coLLEcTORsHIR
NEUTRALITY-SUSPICIOUS. OFFlcE, Aug. r, L

ATTORNEY GENERALS OFElCEJ aug. 10 100.
Tie Hon HUGH NcCULLocH, Secretary o. The Treasury
SIR In your letter Of the 29th ut, you state
that law was passed just the close Of the late session
OF Congress- extending the Customs laws over the Terri
tory Of Alaska and authorizing the appointment OF a
Collector of Customs for that Territory, aud that there
was no time Tor nomination 10 be made for the Office
before tho ADJOURNMENT % congress. pom uese IaeLs,
10y President during the recess OF the senate ana
me execution u the Custom laws IL that
Territory until Collector can be appointed
The ease then presented one OF Original vacancy ana D.
therefore not within affected by the act Of March
-r ~ +s I,9.ssnf ro make IA Temporary appOiutmeut
u tins depends up0n tne extent OF the constitutional
& Iss 0f The senate l,y granting Commissions which
shall expire at the end Of their next session The Only
1,l similar Stale of f1ctt aunears no have received in
an opinion touching the power OF the President 20 MI the
str,i ogces esfgbsfcd bv the act of March g. 1915
admitting Iowa and Florida into the Union opinion $685.
Mr Mason held that where offices are created BY law,
nominations are made they cannot be ted 10y Executive
appointment during the recess Of tAe senate II tlh
opinion announces the correct C9usutlliQnA doctrine
the President has no power 10 make 4 temporary ap'
pOiumeut for Alaska IL ls 10 De observed however I'M
regard this opinion that tue view adopted is not sup
ing as would imply an acquaintance On the
part of the learned Attorney General with
question and. further that in another opinion, given
year afterward by lr Mason there abundant evidence
purary commissions la the recess Of The Senate was suose
duerty quite different from those Indicted IN the opinion
n the case Of two Federal officers IN FCrdaand Iowa FOR
m the latter opinion Ae expresses us general nueuce
m the construction OF the constitutional provision under
consideration adopted by his predecessor and enforced
by the cOuuued practice Of the Executive Department
the Government from the time OF It's establishment
in au opinion hich have the honor 20 communicate
herewith response 20 your inquiry 70 the power OF
the President 70 Oh the existing vacancy M tho Oihce OF
rcter Of New-Ofeans. / have stated tie interpIea-
tu ut the constitutional phrase describing The vacancies
vi aiuay be tenn 0rdry filed by the President, which
D. Jcen adopted by my learned predecessors IN TINS
ec and in which freely concur, Under that MteIpre-
Ration am unable % discriminate IA respect 70 the eXer
cs ui this constitutional power By the President between
0l continuing vacancies n the recess OF TIE senate
which originated during tie session 10y the new creation
tIt office, and those which originate Dy lawful ter
nIuatOu of iucumbency. Certainly tine need 81 the
0Cidl service IN the public interest presumptyey
lu the other and the executive duty
President f0f The discharge of which this COnstitu
t0ua power s Jested ~ him. s Lot qualified by The cir
cusJance that the Office 90 De filed f0r the first time.
The office % which Yea refer should be set in operation
at once uuicss lega impeachment ing It exists.
do NOT hud s embraced withiD the operation Of
The Tenure Ciyi-OnCe act and under the accepted
construction of the constitutional authority OF the Pres
dent. have no doubt OF Dis poWcrtO graut commission
t0 Collector " Customs Tor Alaska, which shall expire
a The esd OF the neXt session Of the euate. With gcat
respect have the honor TO De your OJcel g servant
WAl d. EyAETs. Attorney -GtuerlL