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
permanent appointments were made to the highest executive offices from
1829 nearly to the present time, with their respective dates.
It must be allowed that these precedents, so numerous and so long
continued, are entitled to great respect, since we can scarcely suppose
that the wise and eminent men by whom they were made could have been
mistaken on a point which was brought to their attention so often. Still
less can it be supposed that any of them willfully violated the law or
the Constitution.
The lawfulness of the practice rests upon the exigencies of the public
service, which require that the movements of the Government shall not be
arrested by an accidental vacancy in one of the Departments; upon an act
of Congress expressly and plainly giving and regulating the power, and
upon long and uninterrupted usage of the Executive, which has never been
challenged as illegal by Congress.
This answers the inquiry of the Senate so far as it is necessary to show
"how and by whom the duties of said office are now discharged." Nor is
it necessary to explain further than I have done "how, when, and by what
authority" the provisional appointment has been made; but the resolution
makes the additional inquiry "_why_ the fact of said appointment has not
been communicated to the Senate,"
I take it for granted that the Senate did not mean to call for the
reasons upon which I acted in performing an Executive duty nor to demand
an account of the motives which governed me in an act which the law and
the Constitution left to my own discretion. It is sufficient, therefore,
for that part of the resolution to say that a provisional or temporary
appointment like that in question is not required by law to be
communicated to the Senate, and that there is no instance on record
where such communication ever has been made.
JAMES BUCHANAN.
WASHINGTON, _January 22, 1861_.
_To the House of Representatives_:
I herewith transmit to the House of Representatives a communication from
the Secretary of the Navy, with accompanying reports, of the persons who
were sent to the Isthmus of Chiriqui to make the examinations required
by the fifth section of the act making appropriations for the naval
service, approved June 22, 1860.
JAMES BUCHANAN.
WASHINGTON, _January 24, 1861_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 19th instant,
requesting a copy of correspondence between the Department of State and
ministers of foreign powers at Washington in regard to foreign vessels
in Charleston, I transmit a report from the Secretary of State and the
documents by which it was accompanied.
JAMES BUCHANAN.
WASHINGTON CITY, _January 28, 1861_.
_To the Senate and House of Representatives of the United States_:
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