The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-08-13
WASHINGTON.
LAST HOURS OF THADDEus srEvENs-HIs INTER
LOS

w VIM
LAST HOURS OF THADDEus STEvENs-HIS INTER
EST IN NATIONAL AFFAIRS ...
WATERMELON, Aug. II The remains of NJ,
Stevens will be taken to Lancaster, Pa, an,
no funeral viii be had here, except a brief ser
vice at his late residence on Capital Hill. Hi
death has been expected almost hourly since
Monday, as his disease-diarrhea- literally
Frustrated his system beyond resuscitaton.
Last evening at about nine clock his atten'
dant physician, DR.. Noble Young, called {"
pay him professional visit, and at once dls'
covered that Mr.. Stevens was rapidly SINKING
He so informed him, but he was then too weak
to give expression 10 his feelings. That he was
fully prepared for the great change, there is no
doubt, for he had long been aware OF the frall
tenure by which he held his life Yesterday
he remarked to t. ose around him that he was
rapidly sinking, and had no hope of ever re-
sumlng lis accustomed seat in the capital.
The calmness and even cheerfulneSs evinced
by him so long as speech was LETT him, was re-
1nark ed by those around his bedside, who Dire W
from the scene a lesson never to be forgotten
On MonIay he expressed considerable anx-
iety in regard to the state of the country, in
duced mainly, perhaps, by the current re.
ports of unprecedented troubles in Louisiana
He expressed a strong desire that Mr.. John
son might abstain from any measure of a
character calculated to disturb the public tran
guilty, and hoped that necessity might arise
for the re-assembling of Congress in Septem-
Der.
Yesterday afternoon he conversed with great
cheeriuuess aud animation, talking on a var
iety of ordinary topics, aud evincing lively
Interest i'll that which interested those arounu
HIM. He referred to Mr. Evarts, Attorney
General, in terms of marked kindness ana
confidence. He continued to grow feebler
during the afternoon, and at about four O'Clock
L. M. he los the power of speech, and from
that time lay quietly without giving any indi-
cations of suffering. About ten minutes be-
fore his death, Sister Loretta, of the Ca
tholc Providence Hospital, requested The per
mission of his friends to perform the baptismal
rite, and no objection being offered, the cers-
mouy was performed amid impressive silence
To her who performed it, this act updoubted
ly appeared one of great Importance, and the
earnest and affectionate devotion with which
it was done, strongly affected those who wit
messed it, even those holding different faith
from hers. 1t is worthy of note that the Sis-
tiers, whose benevolent works had been So
heartily seconded by the great departed in
furnishing and and lending his legislative eff
forts in behalf of the institution to which they
are attached, visited him daily during his i'll.
ness. Only two of Mr.. Stevens relatives were
with him when he died.
The arrangements for the funeral of the
hon. Thaddeus Stevens have not yet been
fully completed, and will not be until the ar
rival here of Mr.. Mcpherson, Clerk of the
House of Representatives, who is expected
early to- morrow morning.
The process of embalming the body was per-
formed under the direction of the Surgeon
General The body lies unshrouded in
full suit of black, with a black scarf around
the Eeck
Many persons called to see him during the
evening, but none were admitted until about
six o'clock, when two colored cergymen, nam.
ed Read and Hall, who had some months be-
fore expressed desire to pray with bin, were
sent for at his request, and coming to his bed |
side, invoked divine blessing on him. One OF
these colored men was at the death bed OF
IAl, h..S. A 1nt NJ ,..oII
somewhat affected at the prayers of these |
ministers, and at the close thanked them with |
feeble voice and pressure of hand.
During the five minutes before he breathed |
his last, he lay. motioness and quiet, as in a |
gentle sleep. Among many Others who have |
called this evening to view the remains, were |
Secretary Schofeld, Attorney General Evarts |
Senator Sumner. General Aaken and Surgeon
General Barnes. The body of Mr.. Stevens
will lie in state at the Rotunda cf the Capital
afternoon, for Lancaster, whittier it will be es-
corted by special train. The remains will
be guarded by company of Colored Zouaves,
OF this CITY, They have requested that honor.
The principal funeral will take place at Ian
caster, Pa. at two o'clock precisely Monday
OPINION OF ATTORNEY GENERAL EvARTs ON THE
RESIGNATION OF COMMISSIONER ROLLINS.
The following is the letter of Secretary Nc
Culloch to United States Attorney General
Evarts, and the opinion of the Attorney Gen
eral I'D response thereto:
Washington, dug. 8, 186S.-Dear Sir: Enclos-
ed / hand you letter addressed by Mr. E. A.
Rollins, Commissioner OF Internal Revenue, to
the President of the United States, on the 9Th
day OF June, 1865, and also copy of the Pres
ident's endorsement thereon, dated Aug. :.
1868. Under these circumstances the follow
ing questions are presented for your considera-
ton: First, is the Office OF Commissioner OF
Internal Revenue vacant; second. if the office
is vacant when did the vacancy occur, and car
SUCCESSOR ms ha Il Il
the recess of the Senate. 4ao omoo- Of n..n
missioner OF Internal Revenue being very
important and responsible one, it is desirable
that there should be no doubt as to the lega
status of the person in charge of it. d-sire
that you will favor me with your opinoion up
on the question thus presented to you at the
earliest convenience,
Very respectfully
Your obedient servant,
... Ii. A. MCCULLoCH
Secretary OF the Treasury.
To Hon. VIM. Evarts, Attorney General.
Attorney Generals Office, dug 10, 1868. Hon
Hugh McCuloch, Secretary of the Treasury
Sir: have given to the subject submittet L. |
my consideration by your letter of the 18th in
slant, in relation to the present condition o. |
tho Office of Commissioner of Internal Reve- |
nue., the most careful attention. The case pre- |
sents itself as follows: Mr. E. A Rollins hold |
ing the civil office of Comm ssoner of Ioternal |
Revenue to which he had been appointed by |
the President of the United States, by and |
with the advice and consent of the Seuate, adj |
dressed to the President, under date of June
9th, 1858 the following letter:
Washington, ID. c., June 8, 1S6S.-Sir: In pur
suance TO a purpose known to my friends TO-
several months / hereby tender you the resig-
nation of my office, to take effect upon the
qualification of my successor, nominated by
yourself and confirmed by the Senate.
am, sir, very respectfully,
E. A. ROLLINS,
Commissioner of Internal Revenue.
Upon the 9th of August instant, the Presi /
dent placed on this letter the following en-
dorsement: "The resignation of E. A. Rolhn.
as Commissioner of Internal Revenue, dated
June 9Th, 1868, is this day received" Upon
these facts you desire my answer to two ques
tioLs, viz: first is the office of Commissioner
of Internal Revenue vacant? second if the of
flee IS vacant when did the vacancy occur and
can successor 10 Mr.. Rollins be appointed
during the recess OF the Senate? The Office of
Commissioner of Internal Revenue is as you
suggest very important and responsible one
its intelligent, efficient and faithful adminstra-
ton Is matter OF the greatest interest to the
pubic revenue and the public credit and it is
Justly subject of solictude with the Presi-
dent that his full duty under the Constitution
and the laws in respect to this Office and its
administration shall be fulfilled. The ques-
tions which you address 10 me can become OF
practical and substantial interest in The execu-
tive administration OF the government only by
force of the recent legislation of Congress
known as the Tenure OF Civil Office bill, that
has impressed upon class of officers which
includes that now under consideration. A
tenure of Office which is &C the will of the
Office qolder cannot be terminated ex-
cept by the concurrence of the President in
the appointment, of a successor, and his actual
induction into the office, 80 long as the Presi-
dent, by force of the Constitution and the
laws had thepower to terminate the Office
holders possession of his office by removal
at the discretion and against the will of that
officer. The tenure of the latters, desired ad-
% herence or resignation of his Office
should have no special significance, for
they could impose no restraint upon the time
or manner of the Presidents execution of his
proper authority in the premises. The precise
effect, therefore, OF the legislation referred, is
the first point for consideration.
The purpose of the tenure of office civil bill
was to change the doctrine and practice of the
government, by which removal from office
at the mere discretion of the President, had
been established as a proper, and as it had
been thought, necessary attendant of the ex-
ecutve duty and responsibility under the Con
stltuton 70 MAINTAIN the efficiency and fidelity
of the public service in fulfilling the manifold
and incessant obligations of the administra-
ton, and in the execution of the laws this mr.
pose which might have been united to n re-
quirment of the concurrence of the Senate
which the exectve in effcctihg a removal from
Office and yet lett the capacity of removal as a
separate and Independent act open to the ex-
igences of the public service, and have been
carried by the law to the ex ent of precudinr
q termination of the officers hold upon his of
flee by the united will ofthe executive and the
Senate, except by the sale and specific mode
of the appointment, confirmation and qnalfi
cation of a successor. This firm hold upon an
Office into which he shall once have Deen
indicted, is but distinctly by the act as a mat