New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-01
What Constitutes an DNcevs

En!!OE k2"UEG!cA.
I. an article headed "Lscai Pp,..icai
Jopc." IN YOU. paper Of 'h. twenty ri sh.h
instant, III. writer puts the following gUes
lions. What co.a.i:'.te. a. officer ]. il
when ~. party j. apprinte; By the Gov
.,no,, o: not 1n.i. he il confirmed by Che
senate, o! rot Until 10 i. commissioned, o.
only when he IL appointed, confirmed, coin
| ~ i..pncd and qualified Vhic.. question.
b. undertake. W answer IN manner
doubles. ~ hi. own .rtl!. satisfaction. and
| hs gvaciou-v informs "a. that there j. =
good Iea! 81 "b-cvr.ty IN :h. minds Of
som" upon these points Taking hi. .es
coming q. a rule o! Interpretation. tne'.
Ae.ma 20 the 20 he co..! De, ADJ. 1b.cTcity in
hi- mind upon the subject and "A he truly
say-. Flaw ana pgecedeu. are clear upon
ths -ubl"cs,' and person, need no: ''blun-
dc: through ignorance, So: u would ap-
pear that Le ''b:UDde,.' through. some
, cause, and Via: he has not given hi. .ubicc.
| that attention which would enable him 20
furnish an opinion con.onaa; with law
and precedent
Hs holds tina. delivery nf 4 commission
il villa; constitutes and complete, an APP
;.oin:W"n' ~ al Office; tina: the delivery Of
the coin mission j. a requisite Ingredient in
the appointment. Via: NJ 70 tn: delivery Of
the comm !s.ioI the matte: i. entirely with
in tn, control u the executive: tina: ".he
com III, ssion before being Delivered mag be
torn Mo by the executive. and another pei:
I son Nominated. FOR continuation 90 the
sam: office" Now. 'hi. presrDpos.s a
case wher. 'iI- tenure Of the office i. fixed
by law. that i: j. one in which the advice
and consent 81 the Scnat. j.. necessary;
tina. !h. party !as been nominated and con
Bfmed in order Z" authorize ihs making Of
the commissions; shat tho commission has
been nadn and signci by the executive.
ana duly att"ated. but not yet delivered
t" ihs app"intee, and INA: after having
passed '!youg!. this process. it may now be
destroyed and With j, Tia: r!:h: -: the ap
pointec 80 I'll. office.
tn. delivery Of the commission 10 not
nscsssary. Tn. appointment IL complete.
AMI I'll. aproiD'ee has = vested legal right
20 th- " flee upon til. happening Of three
distinc. and separat. Contingcuc!es-firs
the nomination. tho act Of tho executive
alone. second. Tie appointment. or confr.
nation. being the result OF The united acts
third. the making. signing and attestins VI
the com mission by the executive and Sec
Cctary Of State, u" that IL becomes an au.
theni!. document: for wi,hou. that it would
not De commission. and in tearing up
document without his signature authenti
Gated acc ordin. to law, an 0 genuine official
act. he would not be tearing up a commits
sion. but mere piece Of waste paper.
The commission in ftH perfected form il not
the appointment, bat simply the best evil
hente OF the appointment and the COM
mission IL the only manner in which the ap-
pom tment may be proved unit! shown tn at
II 10 either lost or DESTROYED in the came
man ne, that any other first evidence NAV
be; then the next best evidence is admissible
az in any other case. decentralization Of the
rcglster "r appropriate record in the office
Of the Secretary Of State and so on down
Let ala instance a case. Suppose that Mr..
Casey. feeling certain Of his appointment
had left Washington before his commission
was '"", w" anu .o'hiHE W new oTiedEs
proceeded at once to discharge his official
duties, and that within a few days of his
departure from the seat OF government his
comm isslon had been made, signed and
attested with the impress of tho seal of
State, but through accident or design the
com N ssiOn should not be forwarded and
the President should under pressure
change his mind ard appoint another per
son, un der tho plea that there was no de
livery" to Mr.. Casey Of . commission. will |
il be seriously contended that Mr.. Casey is !
not for that reason the collector! Certainly |
not. |
Like all other things, there must be a |
limit to the authority Of the executive over |