, 1884-04-18
The Democratic Leader.
FRIDAY, APRIL is, 1884.
A C

The SUl asserts that the LEADER is
in error as to the resignation of Chief
Justice Sener. While he might properly
tender his resignation, it could not take
effect until his successor Was duly quail
fed. Nor isit lawful for the President to
accept the resignation rs otherwise than
indicating the desire of the incumbent to
be relieved. NAV II.
So, according TO the Sun, the LEADER
is in error; it then proceeds to state the
law, and, virtually says, this is right. The
LEADER will not say the SIN is in error,
although most Of our attorneys say so, be
cause we have no desire to wrest from the
Sun the legal dictatorship it has assumed
as to declaring what is the law.
However, it may be safe to mention the
fact that Attorney General Williams, in
1873, see volume IA Opinions of Attorney
General, pages 259-265, held that the
President could accept the resignation of
an officer who was appointed by and with
the advice and consent of the Senate.
After speaking of the difference between
a case where a term of Office was limited
to a certain time, and one where the APP
pointee served n certain time and until
his successor was appointed and qualified,
Judge Williams said: Yet, even when
an officer is authorized to thus hold over
after the expiration of hi! term, it
seems to me that his resignation,
if accepted by proper authority,
would have the legal force and operation
to relieve him from official responsibility,
and discharge him from the Office, though
a successor were not appointed when the
resignation by its terms took effect. No
instance has fallen under my notice in
which it has been held that a public
officer, after having duly resigned, con-
tinued to be c~hargeable with the duties or
entitled to the emoluments of the Office SO
relinquished.
Perhaps, the LEADER may further ven
ture to say that Judge Williams will
change his mind when he, reads the Suns
legal dictum, and hasten to revise his
opinion. If the San be right, Judge
Williams was wrong. E5.E .#E ~
For fear the San may declare that
Judge Williams was no lawyer, another
Attorney General shall be quoted from
Edwards P~errepont. -
The office Of Minister to England was,
early in 1876, filled by General Schenck.
He rendered his resignation to President
Grant, saying II propose that my resig-
nation shall take effect on the arrival Of
my successor. But President Grant ac-
cepted it on the 9th of March, betore a
successor was appointed. Judge Pierre
pont held the resignation to have been
correctly accepted.
However, the LEADER may be per-
mitted TO instance historical facts. If the
memory of several persons who have been
consulted serves them Alright, President
Grant accepted the resignation of General
Belknap, Secretary of War, and it was
one of the strongest reasons assigned in
his favor in the Senate that he could not
be impeached because his resignation had
been accepted. President Grant was
criticized severely for shielding Belknap
by accepting the %latter's resignation, but
he did the saue thing repeatedly to save
his friends from disgrace in various parts
Of the.country:
President Arthur accepted Wayne
McVeagh' = resignation as Attorney Gen