A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
That in case of vacancy in the office of Secretary of State,
Secretary of the Treasury, or of the Secretary of the Department
of War, or of any officer of either of the said Departments whose
appointment is not in the head thereof, whereby they can not perform
the duties of their respective offices, it shall be lawful for the
President of the United States, in case he shall think it necessary,
to authorize any person or persons, at his discretion, to perform the
duties of the said respective offices until a successor be appointed
or such vacancy be filled: _Provided_, That no one vacancy shall be
supplied in manner aforesaid for a longer period than six months.
It is manifest that if the power which this law gives had been withheld
the public interest would frequently suffer very serious detriment.
Vacancies may occur at any time in the most important offices which can
not be immediately and permanently filled in a manner satisfactory to
the appointing power. It was wise to make a provision which would enable
the President to avoid a total suspension of business in the interval,
and equally wise so to limit the Executive discretion as to prevent any
serious abuse of it. This is what the framers of the act of 1795 did,
and neither the policy nor the constitutional validity of their law has
been questioned for sixty-five years.
The practice of making such appointments, whether in a vacation or
during the session of Congress, has been constantly followed during
every Administration from the earliest period of the Government, and its
perfect lawfulness has never to my knowledge been questioned or denied.
Without going back further than the year 1829, and without taking into
the calculation any but the chief officers of the several Departments,
it will be found that provisional appointments to fill vacancies were
made to the number of 179 from the commencement of General Jackson's
Administration to the close of General Pierce's. This number would
probably be greatly increased if all the cases which occurred in the
subordinate offices and bureaus were added to the count. Some of them
were made while the Senate was in session; some which were made in
vacation were continued in force long after the Senate assembled.
Sometimes the temporary officer was the commissioned head of another
Department, sometimes a subordinate in the same Department. Sometimes
the affairs of the Navy Department have been directed _ad interim_ by a
commodore and those of the War Department by a general. In most, if not
all, of the cases which occurred previous to 1852 it is believed that
the compensation provided by law for the officer regularly commissioned
was paid to the person who discharged the duties _ad interim_. To give
the Senate a more detailed and satisfactory view of the subject, I send
the accompanying tabular statement, certified by the Secretary of State,
in which the instances are all set forth in which provisional as well as
Public-domain text, read in full here on John Shaqi.
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