The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-08-12
Mr. EVarts' opsraon,


This firm hcltupon an Office, into Will a he
shall have once neen inducted. is put dis.
the officers rah 8 and Title Tue conseu uence or
this 1s that there Ia no other DO. siDle 10 ud gOf
vaeStiDg the Office thus protected against Yhe
VIII o1 the officer, during the session of the
Senate, however 1agitiOus and imperious mis-
personal official conduct may be, except
through the conditional process of impeach-
meut,
During the recess of the Senate the remedial
proceeding of temporary suspension for cause
10y the Executive. followed by accusation to the
Senate and tts Judgment thereon, Is provided,
and may result in the removal of the officer
withousthe necessity OF the simultaneous ap-
pointmsnt, confirmation. and qualidc ttlou OF
his successor. The lsugusge of tne seen IN Sc.
curing his right and title To the office holder is
too clear To admit of "a doubt
office to which he has been appointsd
by and with the advice and .cconseuG of the
Sen ate. and every person VINO shall hereafter
Leappuiuted 10 any suCu office, aud suAll ne
come duly Qnalift d 10 act therein, aud Suall
be entitled 70 hold sucn Office until a successor
shall hhvo been in like IN snner app IinJed aud
duly qualiaed, except as herein otherwise pro-
vlded. Mr. ROlins, then. at the date
entitled TO hold the office OF commits.
siuner of Internal Revenue until a successor
should have been appointed by and with the
consent of the Senate, aud SHOULD he qualided,
ana lhe only Interrupt ION of THIS his pc, sonai
process Of impeseh Inent and tudgmen thereon,
or the special proceeding of Suspension, sccusa-
act itset, ana whicn obviously partsses OF the
nature of impeachment. 1t rested. then,
soleiy sIet Will With o Mr Rolins 'n5S to deter:: o@:
mine whether he would voluntarily put an
lipquishment or resignation of it., aud the ques-
ton wheiherthe O1fce IL now vacant must in
lion Of the effect of the ietler of Mr. Rollins in
this regard. This letter is manifestly framed
with the effect OF conveying The impression
respect to HIS office, and to the public
the Preside Mt In connection there with. uoon n
o1nerent ioottng nom that In which the law
leaves MIN; bat uSon duiy Weis5,pn s a wisnss Sari
OF this official eommun ication TO the President,
which respecb TO The Commissioners, would re.
qniie me, II possible. To give some official ell
cacy TO. cannot hesitate To pronouncs tL en-
reiy WI WlthSIs Rm,p any legal 9PeFation whatever
am obliged TO regard it as a preSsat tender of
a resignation which is become resignation in
actual relinqaishment OF the office only upon
and after the event which is named and de-
scribed by tbe,writer as a condition precedent TO
lts having tha effect. This event. In the Ian
gusge of MIR. Rollins, addressed to Iae President q,
Is "the qualification Of my successor. nom
mated by yourself and confirmed by u ,
Senate" IL will be perceived thai this even 4
which is to ripen TINS tender OF a resignatt d
the action of the Executive and OF the Sena 4.
and of the successor of the Mr. Rollins, whi ct
by the terms Of the ciyil office aot, depri We "s
power or VIII IN regard 10 tss re liz
3nsnRse S,s eser of Sr Rons nsF'sss asy sf
or legal force whatever In placing al the d. ser,
Revenue which he did not possess with, INT Il
II Iemains only for me to consider Wheth sr th
endorsement upon the letter of Mr.. + .ojlin
made by the President on the 2E2h of lueus
instant, operates upon the pssitioa of th offic
OF Commissioner of Internal Reve lue a
respects us vacancy or his present autb ority n Z,
fil 1t. Undoubtedly if an officer OF Gov, Sar3 an
places in the hands Of the President a condi
tiopai resig nation, which takes effect ~ an od
cial and legal relinquishnnenL OF his O ica unor
such conditton, 1t is conspetent for I he Presi.
cent to assent TO the condition or not; 40 m n
seem 10 him discreet and In sach "A "a So an en-
uorsement of this description woa Id indicat q
which had been made blythe condi ti0aaI resig.
nation. no. "a. f. 'e
/ have, however, in the nugat. ,ry- obarao,a,
which have assigned to the lelg er N Mr Rol.
1ins, sufficiently shown that, in myloptnion m
possessed no legal or official oper whaIevaS
upon the office, or the PRESIDE nt authoritv
over II, TO which theendOrsene nj could attach
itself; and / must consider tn at Ihe offies of
Conmissioper of InternalReve ueas the sa ss
held by Mr. Rollins, the same icahe lette a hed
NOT been written, or hhe Pre- siCenL's enCl0rse.
mept made thereon, and tfIst t3e office Is not
vacant.
This conclusion renders 1t unnecesaarv %
consider or reply to yoll' second q'lesLiea
| which arises only IN case 1should havs foam
reason to pronoance tue oTfica In uuestion q
!. cant. have disposed of the matter sabuiu
| TO me wholly wtLhin the premises Ofthss
/ listing legislation governia az the aueSS o
| and without aoy oiscp ssion. of the larger 0 -
| touching tb Q conformity CRrepugnanca,2 ,'pu
| legislation with the Constitution, FOR ~ TN
ries To which you have called my attenj lnqu
With greas respect, have Ihs, haI ani Ion
your obedSsnt servant, 'or 10
| w. M EVARFs, Attorney,y ,-,