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express provision of this kind is made here. Again, at common law, certain officers are held, from necessity, to hold over in this manner.

But this has not, I believe, been the usage of our government in relation to the offices in question.

The act of March 3, 1817, empowered collectors, with the approbation of the Secretary, to appoint deputies, and declared that such deputies should be “ officers of the custom,” (3 Stat., 397.) A deputy is, in law, “but the shadow" of his principal, as a general rule, and his tenure of office ceases with that of the collector.

The act alluded to, however, seems intended to change the general rule, to a certain extent, and to make the deputy's office a distinct one, in some respects at least. It may be that Congress intended that he should act in the exigency in question.

I am by no means clear upon the point, but yet, in the absence of any other provision, and in view of the public necessity, I recommend that you authorize the special deputy collector to act.

The same reasoning does not strictly apply to the deputies of the naval officer and surveyor, whose respective commissions have expired; but convenience requires the same rule, and, in the absence of other provision, I think you may be warranted in following it. I have the honor to be, very respectfully,

EDWARD JORDAN,

Solicitor of the Treasury. Hon H. McCulloch,

Secretary of the Treasury.

SOLICITOR's Office, TREASURY DEPARTMENT,

March 27, 1867. SIR: I have received through Mr. Creecy your verbal request for my opinion upon certain questions relating to the office of collector of customs at Philadelphia. It appears that Mr. Johnson received from the President a temporary appointment during the recess prior to the last session of the Senate, and a nomination for a permanent appointment during the session, which nomination was rejected, so that Mr. Johnson's term expired at the end of the session; whereupon, no other nomination having been made, the Secretary of the Treasury, in order to avoid a total suspension of the functions of the collector, directed E. R. Myer, special deputy of the late collector, to perform the duties of the office for the time being.

The questions propounded to me are whether, under these circumstances, the Secretary can now remove Mr. Myer and appoint a successor, or devolve the duties of the office upon another; whether he could do so during the recess of the Senate; and, finally, who, in case of the death or resignation of Mr. Myer, could perform the duties of the office and by whose authority ?

In reply I have to say that I think you have the power to remove Mr. Myer, for good cause affecting the public interests, either now or during the recess of the Senate, and that in the event of such removal it is competent for you to designate some one of the other deputies of the collector to perform the duties of the office; and I think the same action would be proper in case of the death or resignation of Mr. Myer.

Perhaps in making such designation it would be advisable to select the oldest deputy, provided there were no special reasons to the contrary. These powers are not conferred upon you by any express provisions of the law, but they seem to me to result from the imperative necessity of avoiding a total suspension of

the functions of the collector and of the duty imposed upon you “to superintend the collection of the revenue."

It is perhaps proper for me to add that I have read this letter to the Attorney General, and that he concurs in the views it expresses. I have the honor to be, very respectfully,

EDWARD JORDAN,

Solicitor of the Treasury. Hon. Hugh McCULLOCH,

Secretary of the Treasury.

DEPARTMENT OF THE INTERIOR,

Washington, D. C., April 12, 1867. SIR : In reply to the resolution of the Senate of the 11th instant, calling upon the President “to furnish to the Senate, if in his opinion nut incompatible with the public interests, copies of any official opinions which may have been given by the Attorney General, the Solicitor of the Treasury, or by any other officer of the government on the interpretation of the act of Congress regulating the tenure of office, and especially with regard to appointments by the President during the recess of Congress,” and referred by the President to this department, I have the honor to say that I have given no official opinion on the interpretation of the act of Congress regulating the tenure of office, nor bare I been asked or required to give an opinion thereon. I have the honor to be, very respectfully, your obedient servant,

O, H. BROWNING, Secretary. The PRESIDENT.

War DepaRTMENT,

Washington City, April 13, 1867. Sir: I have the honor to state, in reply to the Senate's resolution of April 11th, respecting official opinions which may have been given on the interpretation of the act of Congress regulating the tenure of office, referred by you to this department, that no opinion on the subject has been given by the Secretary of War. Very respeetfully, your obedient servant,

EDWIN M. STANTON,

Secretary of War. The PRESIDENT.

Navy DEPARTMENT,

Washington, Amil 13, 1867. SIR : I have the honor to acknowledge the receipt of a copy of the resolution of the Senate, of the 11th instant, asking for “copies of any official opinions which

may have been given by the Attorney General, the Solicitor of the Treasury, or by any other officer of the government, on the interpretation of the act of Congress regulating the tenure of office,” &c., and to state in reply that the department has not given, and has had no occasion to give or express an opinion on the subject matter of the resolution. I am, sir, very respectfully, your

obedient servant,

GIDEON WELLES,

Secretary of the Nary. The PRESIDENT.

Post Office DeparTMENT,

IVashington, April 16, 1867. Sir: I have the honor to acknowledge the receipt of a copy of the resolution passed by the Senate on the 11th instant, requesting "copies of any official opinions which may have been given by the Attorney General, the Solicitor of the Treasury, or by any other officer of the government, on the interpretation of the act of Congress regulating the tenure of office," &c., and to state that this department has not given any official opinion as to the interpretation of the act to which the inquiry refers. I have the honor to be, very respectfully, your obedient servant,

ALEX. W. RANDALL,

Postmaster General. The PRE IDENT.

ATTORNEY General's OFFICE,

Washington, April 15, 1867. Sir: I have received a copy of the resolution of the Senate passed on the 11th instant, requesting the President to furnish to the Senate copies of any official opinions which may have been given by the Attorney General, the Solicitor of the Treasury, or by any other officer of the government, on the interpretation of the act of Congress regulating the tenure of office, and especially with regard to appointments by the President during the recess of the Senate.

In answer to this resolution, I have the honor to say that I have given no official opinion touching the interpretation of the act referred to or any part thereof. I have the honor to be, sir, with great respect,

HENRY STANBERY,

Attorney General. The PRESIDENT.

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