Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-07-26
CABINET MEETING.
THE QUESTION OF POLITICAL ASSESSMENTS
DISCUSSED THE PRESIDENTS VIEWS

|
| DISCUSSED THE PRESIDENTS VIEWS.
WASHINGTON, July 25.-The cabinet meet
| ing today was attended by all the members
except Secretary Lincoln. The principal
topic OF discussion was the opinion of the
attorney general on the subject of political
assessments. The opinion was accompanied
by letter from Secretary Folger expressing
his views. Thesubject was generally discussed.
The President expressed his views freely and
fully. Tney were, in substance, that no per-
son 10 any one OF the executive departments
declining to contribute shall on that account
be subjected to discharge or criticism, and
no attempt to injure him on this ground will
be countensnced or tolerated.
THE ATroRNEY-GENERAL's OPINION.
The following is the opinion of the at
torney general on the subject of political
assessment, submitted at the cabinet meeting
to-day:
DEPARTMENT OF JUSTICE
WASHINGTON, July 81. 1882.
To Hon. Charles J. Folger Secretary of the
SRI have considered the question sug-
gested by A. Thomas, chief of division in the
Office of the second comptroller, in his letter
OF the 9th instant, in compliance with your
request, indorsed thereon under date of the
9Th instant. By section 6, act of August Is,
1876, chapter 287, call executive officers or
employees of the United States not appointed
by the President, with the advice and consent
of the Senate, are prohibited from re-
questing, giving to or receiving from
any other officer or employe of the
government any money, property or
other thing OF value for political purposes
etc. And the inquiry is made whether
member OF Congress is an officer OF the gov
eminent within the meaning of this provis-
ion. PROFESSIONALLY the station of members
of Congress-senators or representatives.
public officers; and taking the terms in
broad and general sense, the incumbent
thereof must be regarded as officers of the
government in the same sense. The provis-
ion made for administering the "oath of
Office" to members of both houses of Con-
gress SO words: Every person appointed or
elected TO any office of honor or profit, either
in the civil, military or naval service" |
Employed, in section 1856 revised statutes, |
which prescribes the oath of offices, includes |
members of Congress. So in section 1856, |
which provides that whenever any person |
holding Office, except as member of /
Congress" etc. The station of men,
oers of Congress is distinctly recognized as
IN officer, but it seems that member of Con-
,ress is not an officer of the United States In
he constitutional meaning of the term. In
he case of Blount, on impeachment before
he Senate in 1893, the question arose
whether q senator wss a civil officer OF the
United States within the purview of the con-
titution, and the Senate decided he was not
This question arose under the fourth section
# the second article of the constitution.
other clauses of the constitution observes
hat Judge Storey, in section 733 of his work
n the constitution, would seem to favor the
anne result, particularly the clause respecting
he appointment of officers of the United
tates by the executive, who is to commits
ion all officers of the United States, and the
lxth section of the first article, which de-
lares that no person holding any Office under
be United States shall be a member of either
ouse during his continuance in Office, aud
ne fret section OF the second article which /
eclares that no representative person holding
flee Of trust or profit under the United States
hall be appointed elector To these ,
auses may be added that in section 8, arti-
{, which provides that "no person shall be !
senator, ETC., who, having previously taken I
sth member OF Congress or as officer !
the United States" These clauses show :
arked discrimination betyeen members of :
ongress and officers. The latter term. in j
Ie sense in which it is there used, does not
clude Legislators. La penal legislation by
ongress q like discrimination is made (see
r example, the second, third and sixth q
ctions of the act OF February, &c, 1858, :
lapier 81. That the words "any officer OF q
e United States" found in the second Sec !,
,n OF that act, do not include members of q
,peress is manifest from the enactment of =
e third section in which they are specially
siguated. In the sixth section the same =
,rds are used in a similar restricted sense.
,mpare also sections 1881 and 1872 OF the :,
vised statutes, sections 1850 and 5451 OF .
e revised statutes, and sections $500 and i
OIL of the revised statutes. In legislation ii
this character the word Officer appears =
be uniformly employed Ia q sense not ;,
IRE comprehensive than that in which il is :;
,ployed in the constitution as above-that ii
to say, not in that broad and general sense =
,ich would include members of the legis- I,
i've branch of government. In section 6 +
the act of August 10, 1876, being legisla- q
IN of the same character as that just re- :.
red to. it is fair to assume that the word =
ficer" is there used in narrower sense .,
an adyerted to, aud that it does net in -
,de members of Congress. The provisions n
that section are intended to regulate the ~
nduct of inferior officers of tue executive a,
partment OF the government, IT, With f,
meet to these and other officers, ETC., who a,
J. in public service as ordinarily under .
cd. to place construction thereon which ia
uld embrace among the latter those who cr
. not officers in the common scceptation OF b,
, word and enlarge the penal effect OF these q,
,visions. would not be warranted by any n,
md rule of Interpretation. Upon these 4
,siderations ! am of the opinion that II
mber of Congress ia not an officer OF the -
within the meaning of that sec
n. / am, sir, very respectfully,
BENZ. HARRIS BREWSTER, III
Lttorney-General. -
LETTER FROM sECBEfARY FoLGER. ~
rhe secretary OF tae treasury, in his letter OF
Mr.. thomas, ADDS: The further conclu- NJ
n follows that the executive officers and 10
pIoyes OF the United States not appointed
the President, with the advice and consent
~. ca,a,a ara mt Ii able IN the maj ma and th