New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-08-18
VACANCIES THAT THE. PRESIDENT MAY
TEMPORARILY kikI.

ATTORNEY -GENERAL'S OPS CT. August IT. 1868
The Hon. HUGH MCCULLoCH Socretqryg n ne Treasury
SIR: have carefully cOnsid .ed the facts i'm
relation to the Colectorshp OF Neworleans, and the
arising thereun The this On the 18th OF July
lses, Mr. " kellogg, Collector OF Customs at NcwOr
leans, rendered his resignation OF n Office and subsc
quently the day was sworn and took his seat
as Senator OF the United states tom louisiana No
ton was then taken upon his reSinq ION By the lxeeu
tive Department; but before the 'djpumment Of Con-
gr6ss which occurred on the 27th OF July the President
Kelog as Collector No confirmation u successor Was
had by the Senate Whether the nOlh alton rejected
laid by the Senate does not ppear Tie office Is
now exercised by deputy previous. ppointed by Mr.
kellogg under the tweny-sccOnd sec. on OF the act Of
March 2 l79s a. Statutes 6tJ on tails state OF facts YOU
M Mice F Cctetor nm sitcessot t5 Mr. EeIJog Is
and his surees responsible for tire conduct Of the
sta,,os nos he maven IN ,nroc, coiioetor tenn
pary Thirdly whether the Presiopt the Secretary
Of he Treasury under the on Section Of he Act Of May
H. 1872 Isl stat 2 uay lawfully authorize amy persOu
70 exercise the functions Of collector ana require from
him security for the faithful dschMse OF the duties
thereof until the office shall be regularly Med wl
consider the second question first TIE answer VIII
give % IL may render unnecessary my opinion OF the
first and third questions A prohnena.y inquiry !.
whether the office of Collector. OF the Port OF
NewOrleans Is now yacani and II Is, ly what easoa
% becomes vacant have not a dcuht hat the office Oh
Collector az NewOrleans became vacant nv te resgna
tion OF Mr.. kellogg and by his complete nsttuiion -
in tic present ease which Of these was me Efficient
means OF his Withdrawal irom the office Either IN ny
Judgment was adequate 90 the effect; and whother
either under the actual circumstances u the case,
was accomplished during the session OF tht senate go
OU IL there had been express resignation cf ms once.
Mr. Kelogs acceptance Of the place IN tile Senate ana
his induction It, in view OF the provso OF The Conso
tuition that no person holding any Office under the unte0
States shall be member ~ either House during ms con-
nuance I'm office must be considered having the legal
chareter OF a resgnaOn OF the Office OF Collector The
case one therefore OF Office which becomes yacant
during the late session OF the Senate by OF resg
nation. May the President now I'LL the y9eanoy ~
granting commission which shall expire az me END
OF the next session Of the Senate The question
thus presented SO far "a 10 arises under the special
aud limited constitutional authority of the fresl.
dent 10 act upon vacancies IN ONCE wlthouS
tho advice and consent of the Senate ~ hhliHr one,
and though unrequenty the subject OF eoasideraon
In one form and another by my learned IN
the office OF Attorney General the result or tner dchn
aliOns has been uniform and has furnished the guiae
Which the practice OF the Executive has been equally