The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-13

CiyiI Oopca hin .h.. -. ...
ofAcera ,vhich' , av nus prcssco upon class Oh
tlnn }enmra tnoaues snas now under c0nsdera-
xr%;cp m. y, once ~ tne VIII OF the offceholder
renee of the % p-esidnn. except Dy the concur
sS-ov VI tne rIesluent ana the Senate In the
APPOINTMENT OF successor and his actual induction
the v So ios 1s sne rresident Dy force OF
~ -, anu !ne laws mao the power TO ter
.no.S se oncsnoiueI's possession OF MS once Dy
az ,, az tne rresoents ulscreton, ana against
sseu sonerence or reslgnation OF his ONCE should
nave no special Henihcance, ior they could impose
d,; upon tne Lille OF manner OF the Presi-
denps Sxertlon OF ms proper authority In the premi-
ses. Ine precise enecI therefore, OF the legislation
purpose Of The e Tennre az SL @
~ winch Temoval from once AZ the mere discretion
VI tne riesoen! had peen established as
necessary attenuant OF tne executive duty and re-
sponslpillty unaeI tle consideration TO maintain the
@ S AM hae.y 0i se puDc service IN luliill-
ing tme lhaoiu anu ncessaht oDilgatlons OF admin
lstrauoh anu III execution OF the laws This pur-
pose wnlcn mlgns nave oeen united to requirement
o tae concurrence OF tne senate with the Executive
Ia enectlng removal rom office, and yet left the
capacl.y OF removal as separate and independent
act open 20 rne exigencles OF the public service
ciadihg terlnimation OF the ofcers hold upon ms
oy ,e u,.ea WIN OF Inc Executive ana me
appointment, continuation and qualification OF a
successor. tils nrm mold upon an office
I'o wnlcH me snail once nave been INDICTED
u pun uis.lic.iy ny LIE act as matter or the ON.
GER rlet anu Ite Inc consequence OF this is tnat
there Is no other possible mode OF vacatng the office
mus protected against the VIII OF the officer during
.ne session VI Cie Senate, however nagltions ana
nnperious ms personal or Olcial conduct may be-
except through the conditional process OF impeach
Hient. A.,
during tne RECESS Oh the Sena,e tne remedial pro-
ceeding OF temporary suspension for cause by the
executive lollowed Dy accusatlon 10 the Senate and
Judgment hereon Is PROVIDED ana may result IN the
removal OF inc omcer Without the necessity OF the
Simultaneous appo'ntinenI connrnatlon ana qualli
caton OF MS successor me language OF the section
securing tne right ana title TO the ONCE holder Is too
clear to admit OF doubt ''rhat any person holding
any civil Office to which he has been appointed
by and with the advice and consent Of
the Senate, ana every person who shall here
a,ter De appointed 10 any such ONCE ana
snall become duly quailned TO act therein Is
and shall be entitled to hold such office until sue.
cessor small nave been In IKE manner appointed and
Mr. Rollins then at the date Of his letter to Pres
dent, was entitled to hold the Ollie OF Commissioner
OF Internal Revenue until Q successor should have
of the Senate, and should have qualified: and the
only interruption OF this, his personal right possible
under the law, was the general process of impeach-
ceeding OF suspension, accusation and Judgment
thereon provided by the act itself, and which
obviously partakes OF the nature of impeach-
ment. 1t rested then, under the operation
OF this law solely with Mr. Rollins to
determine whether he would voluntarily put an end
to his hold upon the Office by REIMBURSEMENT or
resignation OF it, and the question whether the Office
is now vacant must in my opinion, turn entirely
upon just construction the effect Of the letter OF
Mr.. Rollins in this regard. This letter Is manfesly
framed with the intent OF carrying an impression
that the writer does place himself i'm respect TO his
oicia and to the public SERVICE and TO the power
and duty of the President, In connection Herewith
upon different footing from that in which the law
against or without reference to his wishes leaves
HIM. But upon duly weighing all parts of
this Official communication 10 the President
which respect to the Commissioner would require
me. If possibe. TO give some 0t,icjaI efdcocv to- /
cannot hesitate to pronOunce il entirely without anv
legal operation whatever upon Mr. Rollins, tenure
or his ONCE / am obliged to regard IL as a present
tender of a resignation In actuai relinnush,nent OF
the Office only upon and after the event which is
named and described by the writer as n condition
precedent to its having that effect This event. in
the language OF Mr.. Rollins addressed 10 the Presi-
dent IS, "the qualification OF nv successor nomi-
mated by yourself and confirmed by the Senate.n
1t VIII be perceived that this event. which is to
ripen this ''tender of resignaton,' into a relin-
qushment OF the Office is precisely the action OF the
Executive and Of the Senate and of the successor
Of Mr. Rollins which, by the terms of the Tenure
of Civil Onlce act deprives him OF his ONCE, and
OF any power or viii i'm regard
to its REIMBURSEMENT / cannot, therefore,
give to this letter any official or legal force
whatever In placing at the discretion or disposition