The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-08-15
Commissioner Of Internal Reysous >

yC urself and confirmed by the Senate.
am, sir, very respectfully.
L. A. ROLLINS,
Commissioner Of Internal Revenue "
Upon the 9Th day Of August the president put
rpon the back of this letter the following indOrse-
meLt: 1.-The resignation of +. A. Rollins, a.
commissioner Of internal revenue, is this day ac-
cepted." Upon these facts you desire my answer
TO tV questions, VIZ: FIrst-ls the office of CON-
missioner OF internal revenue vacant? SecOnd-If
vacant, since when; and can a successor be sp-
pointed dutmg recess Of the Senate?
The Office Is. as you suggest a very important
one; liz intelligent efficient and faithful admins
ration Is matter of the greatest interest TO the
pubic revenue enc the public credit, and 1t is
justly subject OF sulicitude with the president,
that his full duty under the Constitution and the
laws in respect to this office aud its sdminstrs-
tons shall be fulfilled. The questions which YOU
address me come to be of a practical and sab
stsDtial interest on the executive administration
OF the government only by force of the recent
legislation Of Congress, known as the "Tenure.of-
Office" bill, that has impressed upon a class Of
OH ers. including the one under Consideration a
ttnuIe-Of Office al the will of the Office holder
which cannot be terminated by the president, ex
cept on appointment and confirmation by the
Senate and induction 70 office of his successor.
The precise effect of this legislation is the first
point for consideration.
The purpose of the tenure-of-office bill was to
change the doctrine and practice of the govern.
meDt, by which removal from office at discretion
had been established as a proper and necessary
attendant upon the consideration to maintain the
efficiency and fidelity of the public service in fat.
hiilng the manifold and Incessant obligations OF
administration, and in execution OF law. This
purpose, which might have been united to a re.
quiTement of the concurrence of the Senate with
the executive, m efectng a removal from Office
and yet left the capacity Of removal as a separate
and indispensable act, open to the exigencies of
the public service, has been carried by the law t.
The extent of precluding a termination of the off.
GERS hold upon Office by the united will of the
president snd Senate, save and except by ao-
pointment, confirmation and qualification OF a sue
cessOr.
This tenure hold upon Office Is put distinctly by
this act as matter of the officers right aud title
he consequence of this lie, there is no other pos.
slble mode OF vacating the Office thus protected
against the will of the officer during the session
OF the Senate, however fagitous and injurious his
personal or official conduct may be, except
through the conditional process of impeacbment
During recess Of the Senate, the remedial pro-
ceedlng OF temporary suspension by the execu-
tive followed, by accusation to the Senate. and
judgment thereon is provided, and may result in
the removal of the officer without the necessity Of
SIN utaneous appointment and confirmation of
his successor. Mr.. Rollins. the date of his
letter to The president, was entitled to hold his
office Until successor bad been appointed by
and with the advice and consent of the Senate.
and should have been qualified and the
only interruption of this, his personal right,
HoeslDlt uuttT was the geQeId al process of
impescbn emit and judgmen' thereon or the special
process OF suspension Of accusation aud Judgment
thereon. ltrested then under the operation of this
law, solely with Mr.. Rollins to determine whe her
he would voluntarily put an end To his hold upon
The Office and the question whether the office ia
now vacant, in my opinion turns entire upon a
just sppre citation OF the effect of Mr. Rolinss letter
This letter is manifesty framed with intent to
convey the impression that the writer does place
himself, in respect TO his official AID public ser
VIC e. and to the mower and dnfv Of than
IN connect on herewith, upon a different point |
from that which the law leaves him: but upon |
duly weighing all parts of this official cOmmuni-
cauon, l cannot hesitate to pronounce it entirely
without any legal operation whatever upon Mr.. |
RoDs's tenure of office. | am obliged to regard |
The present tender OF resignation an actual relin
luls hment only upon and after the event named |
Nd prescribed by the writer, namely, the con. |
II msuon oy the Senate of his successor. IL will |
De perceived that the event which is TO riDen this
ender OF resignation into REIMBURSEMENT is pre. |
'sely the action of the executive and Senate and |
II The successor of Mr.. Rollins, which by the /
tenure OF Office act" depriyes him of his Office |
no consequently of any power or will in regard |
o its REIMBURSEMENT. | cannot, therefore give
this letter any official or legal force whatever
0 placing at the discretion of the president any |
ower over the Office in question which he did not /
ossess without the letter.
Conc erniDg the effect of the president;s indorse
tent, have to say that in ny opinion. 1 have
nhcientlY shown that the letter possessed no le.
al or Official operation upon the Office, or the
residents authority over which the Endorsement
ond attach itself; and must consider that the
ihce OF commissioner of internal revenue, and
Ir. nollins's hold upon il, remain the same as if
he letter bad never been written, or tue presi.
enps indorsement put thereon and the office IL
OF vacant. This conclusion renders unnecessary
reply tn your second question. | have disposed
this matter wholly with premi es of the exist.
e Legislation governing the question, aud with
ut any discussion of the larger topics touching
conformity or repugnance of this legislation
it'll the Constitution. No such discussion would
g appropriate to the inquiries to which You have
al!ed my attention.
Very respectfully, etc.,
WV. N. EvARTs, Attorney General.