The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-08-13
ATTORNEY GENERAL's OFFICE,
$500 - IN 1910


Hon Hugh Mccuroch, Secretary Of the
Treasury:
STR have given TO the subject
submitted to- my consideration by
your letter of the 7th instant. in rela
ton to the present condition of the
Office of Commissioner of Internal
Revenue, the most careful attention.
The case presents itself as follows:
Mr.. II. A Rollins, holding the civil
office of Commissioner of Internal
Revenue, to which he had been ap-
pointed by the President of the United
States, by and with the advice and
consent of the Senate, addressed to
the President under date of June s,
1868, the following letter:
"oEFIGE OF dsTERNAL Err Alb RsyEMuE' ls,,4
"SIR-In pursuance of a purpose,
known to my friends for several
months, | hereby tender you the re-
signation of my office, to take effect
upon the qualifications of my successor.
nominated by yourself and confirmed
by the Senate.
" l am, sir, very respectfully,
''E A. ROLLINS,
commissioner of Internal Rev"
Upon the 5th of August the Presi-
deut placed upon this letter the fol-
. lowing endorsements:
The resignation of b. A. Rollins, as
Commissioner of Internal Revenue,
dated June 8, 1863, is this day accept
ed. Upon these facts you desire my
answer to two questions, viz:
First-Is the Office Of Commissioner
i of Internal Revenue vacant?
Seeond-f the Office is vacant,
| when did the vacancy occur, and can
a successor to Mr.. Rollins be ap-
| pointed during the recess of the Sen
ate2
| The Office Of Commissioner of In-
ternal Revenue is, as you suggest, a
very important and responsible one
| Its intelligent, efficient, and faithful
administration is matter of great
interest to the public revenue and the
public credit, and tits justly a subject
of solicitude with the President that
his full duty under the Constitution
aud the laws in respect to his office
/ and its administration, shall be full
filed. the questions which you ad
dress to me, come to be of practlca
and substantial interest IN the admin
istration of the Government; and only
by force of the recent legislation o
Congress, known as the tenure o
civil Office bill, that has beer
impressed upon a class Of OH
GERS which includes that nov
under consideration: tenure of ofhct
at the will of the Office holder, which
, cannot be terminated except by the
9 concurrence of the President and tn,
Senate in the appointment of a sue
cessor; This actual Induction into tn
. office so long as the President, b,
force of the Constitution and tn
laws. had the power to terminate th
Office holder S possession OF his othce
! bv n removal at the Presidents dis
3 eretion. and against the will of tn
officer.th tenure of the latter's desire
adherence or resignation OF his otlcf
should have no special Significance
; for they ycould impose no orestralntupo
: the time or manner of the President
exertion of his proper authority |
\ the PREMISES. The precise effect
= therefore, of the legislation referre
: 10 is rhe first point for consideration
q The purpose of The Tenure OF One
Civil Bsl was to change the doctrin
and practice of the Government %
le, which removal from office at the mer
of discretion of the President has bee
a. established as a proper, and as ha
ee been thought, a necessary attendant {
r. the Executive duty and responsibility
Id under the consideration to maintai
the efficiency and fidelity Of the pui
lie service, In fulfilling the manifol
n and incessant obligations of the az
or ministration, and in the execution
I'd the laws. This purpose which mi Il
rs have been united to requirement.
IL the concurrence of the Senate wit
n the Executive in efecting re1nov
from Office, and yet lett the capaci