Imágenes de páginas

legal-tender acts as either fixing a standard of value or regulating money values, or making that money which has no intrinsic value.

But. without extending our remarks further, it will be seen thai we hold the ads of Congress constitutional as applied' to contracts made either before or after their passage. In so holding we overrule so much of what was decided in Hepburn vs. Griswold (8 Wall., 603,) as ruled the acts unwarranted by the Constitution so far as they apply to contracts made before their enactment. That case was decided by a divided court, and by a court having a less number of judges than the law then in existence provided this court shall have. These cases havp -been heard before a full court, and they have received our most careful consideration. The questions involved are constitutional questions of the most vital importance to the Government and to the public at large. We have been in the habit of treating cases involving a consideration of constitutional power differently from those which concern merely private right. (Briscoe vs. Bank of Kentucky, 8 Peters, 118.) We are not accustomed to hear them in the absence of a

| full court, if it can be avoided. Even in cases involving only private rights, if convinced we had made a mistake, we would hear another argument and correct our error. Arid it is no unprecedented thing in courts of last resort, both in this country and in England, to overrule decisions previously made. We agree this should not be done inconsiderately, but in a case of such far-reaching consequences as the present, thoroughly convinced as we are that Congress has not transgressed its powers, we regard it as our duty so to decide and to affirm both these judgments.

The other questions raised in the case of William B. Knox against Phoebe Lee and Hugh Lee were substantially decided in Texas vs. White, (7 Wallace, 700.)

The judgment in each case is affirmed.

[note.—Mr. Justice Bradley concurring, delivered a separate opinion. Chief Justice Chase delivered a dissenting opinion, representing Justices Nelson, Clifford, and Field. The last two also delivered separate opinions. The opinion pronounced December term, 1869, will be found in McPherson's History of Reconstruction, pages 511-523.]



The Cabinet.

Secretary of State—Hamilton Fish, of New

York. Secretary of the Treasury—George S. Boutwell, of Massachusetts. Secretary of War—William W. Belknap, of

Iowa. Secretary of the Navy—George M. Robeson,

cf New Jersey. Secretary of the Interior—Columbus Delano, of

Ohio, vice Jacob D. Cox, of Ohio, resigned

October 30, 1870. Postmaster General—John A. J. Creswell.

of Maryland. Attorney General—George H. Williams, of

Oregon, vice Amos T. Akerman, of Georgia,

resigned January 9, 1872.

Members of Forty-Second Congress.

First Session, March 4, 1871—April 20, 1871. Second Session, December 4, 1871—June 10, 1872. __


Schuyler Colfax, of Indiana, Vice-President of the United States, and President of the Senate.

George C Gorham, of California, Secretary.

Maine—Hannibal Hamlin, Lot M. Morrill.

New Hampshire—James W. Patterson, Aaron H. Cragin.

Vermont—George F. Edmunds, Justin S. Morrill.

Massachusetts—Charles Sumner, Henry Wilson.

Rhode Island—William Sprague, Henry B. Anthony.

Connecticut—Orris S. Ferry, William A. Buckingham.

New York—Roscoe Conkling, Reuben E. Fen ton.

New Jersey—John P. Stockton, Frederick T. Frelinghuysen.

Pennsylvania—Simon Cameron, John Scott.

Delaware—Thomas F. Bayard, Eli Saulsbury.

Maryland—George Vickers, William T, Hamilton.

Virginia—John F. Lewis, John W. Johnston.*

North Carolina—John Pool, Matthew W. Ransom.f

South Carolina—Frederick A. Sawyer, Thomas J. Robertson.

Georgia—Joshua Hill, Thomas M. Norwood. J

Alabama—George E. Spencer, George Goldthwaite.||

Mississippi—Adelbert Ames, James L. Alcorn. |

* Qualified March 17,1871. f Qualified April 24,1872. f Qualified December 19,1871. \ Qualified January 15,1872. I Qualified December 4,1871.

Louisiana—William Pitt Kellogg, J. Rodman

West. Ohio—John Sherman, Allen G. Thurman. Kentucky—Garret Davis, John W. Stevenson. Tennessee—William G. Brownlow, Henry

Cooper. Indiana—Oliver P. Morton, Daniel D. Pratt. Illinois—Lyman Trumbull, John A. Logan. Missouri—Francis P. Blair, jr., CarlSchurz. Arkansas—Benjamin F. Rice, Powell Clayton. Michigan—Zachariah Chandler, Thomas W.

Ferry. Florida—Thomas W. Osborn, Abijah Gilbert. Texas—James W. Flanagan, Morgan C. Hamilton.* Iowa—James Harlan, George G. Wright. Wisconsin—Timothy 0. Howe, Matthew H.

Carpenter. California—Cornelius Cole, Eugene Casserly. Minnesota—Alex. Ramsey, William Windom. Oregon—Henry W. Corbett, James K. Kelly. Kansas—Samuel C. Pomeroy, Alexander

Caldwell. West Virginia—Arthur I. Boreman, Henry

G. Davis. Nevada—James W. Nye, William M. Stewart. Nebraska—Thomas W. Tipton, Phineas W.


House of Representatives.

James G. Blaixe, of Maine, Speaker.

Edward McPhersbn, of Pennsylvania, Clerk.

Maine—John Lynch, William P. Frye, James G. Blaine, John A. Peters, Eugene Hale.

New Hampshire^—Ellery A- Hibbard, Samuel N. Bell, Hosea W. Parker.

Vermont—Charles W. Willard, Luke P. Poland, Worthingron C. Smith.

MassachusettsX—James Buffinton, Oakes Ames, Ginery Twichell, Samuel Hooper, Benjamin F. Butler, Nathaniel P. Banks, George M. Brooks, George F. Hoar, Alvah Crocker, Henry L. Dawes.

Rhode Island—Benjamin T. Eames. James M. Pendleton.

Connecticut^—Julius D. Strong, Stephen W. Kellogg, Henry H. Starkweather, William H. Barnum.

New York—Dwight Townsend, Thomas Kinsella, Henry W. Slocum, Robert B. Roosevelt, William R. Roberts, Samuel S. Cox, Smith Ely, jr., James Brooks, Fernando Wood, Clarkson N. Potter, Charles St. John, John H. Ketcham, Joseph H. Tuthill, Eli Perry, Joseph M. Warren, John Rogers, William A. Wheeler, John M. Carroll, ElizurH. Prindle, Clinton L. Merriam, Ellis H. Roberts, William E. Lansing, R. Holland Duell, John E! Seeley, William H. Lamport, Milo Goodrich, Horace Boardman Smith, Freeman Clarke, Seth Wakeman, William Williams, Walter L. Sessions.

* Qualified March 20,1871.

t Qualified March 22,1871.

% Mr. Brooks resigned May 3,1872; andMr.Crocker qualified February 14. 1872, in place of William B. Washburn, resigned. December 4,1871, to take effect January 1,1872.

II Messrs. Strong and Starkweather qualified April 12.B71; Mr. Barnum, April 13; Mr. Kellogg, December 4.

New Jersey—John W. Hazelton, Samuel C. Forker, John T. Bird, John Hill, George

A. Halsey.

Pennsylvania—Samuel J. Randall, John V. Creely, Leonard Myers, William D. Kelley, Alfred C. Harmer, Ephraim L. Acker, Washington Townsend, J. Lawrence Getz, Oliver J. Dickey, John W. Killinger, John

B. Storm, Lazarus D. Shoemaker. Ulysses Mercur, John B. Packer, Richard J. Haldeman, Benjamin F. Meyers. R. Milron Speer, Henry Sherwood, Glenni W. Scofleld, Samuel Griffith, Henry D. Foster, James S. Negiey, Ebenezer McJunkin, William McClelland.

Delaware—Benjamin T. Biggs.

Maryland—Samuel Hambleton, Stevenson Archer, Thomas Swann, John Ritchie, William M. Merrick.

Virginia—John Critcher, James H. Piatt, jr., Charles H. Porter, William H. H. Stowell, Richard T. W. Duke, John T. Harris, Elliott M. Braxton, William Terry.

North Carolina—Clinton L. Cobb, Charles R. Thomas, Alfred M. Waddell, Sion H. Rogers,* James M. Leach, Francis E. Shober, James C. Harper.

South Carolina—Joseph H. Rainey, Robert

C. De Large, Robert B. Elliott, Alexander S. Wallace.

Georgia—Archibald T. Mclntyre, Richard H. Whiteley, John S. Bigby, Thomas J. Speer, Dudley M. Da Bose, William P. Price, Pierce M. .B. "Young.

Alabama—Benjamin S. Turner, Charles W. Buckley, William A. Handley, Charles Hays, Peter M. Dox, Joseph H. Sloss.

Mississippi—George E. Harris, Joseph L. Morphis, Henry W. Barry, George C. McKee, Legrand W. Perce.

Louisiana—J. Hale Sypher, Lionel A. Sheldon, Chester B. Darrall, (vacancy,) Frank Morey.

Ohio—Aaron F. Perry, Job E. Stevenson, Lewis D. Campbell, John F. McKinney, Charles N. Lamison, John A. Smith, Samuel Shellabarger, John Beatty, Charles Foster, Erasmus D. Peck, John T. Wilson', Phiiadelph Van Trump, George W. Morgan, James Monroe, William P. Spra<?ue, John

A. Bingham, Jacob A. Ambler, William H. Upson, James A. Garfield.

Kentucky—Edward Crossland, Henry D. McHenry, Joseph H. Lewis, William B. Read, Boyd Winchester, William E. Arthur, James

B. Beck, George M. Adams, John M. Rice. Tennessee—Roderick R. Butler, Horace May

nard, Abraham E. Garrett, John M. Bright, Edward I. Golladay, Washington C. Whitthorne, Robert P. Caldwell, William W. Vaughan. Indiana—William E. Nibiack, Michael C. Kerr, William S. Holman, Jeremiah M. Wilson, John Coburn, Daniel W.Voorhees, Mahlon D. Manson, James N. Tyner, John P. C. Shanks, William Williams, Jasper Packard.

* Qualified May 23,1872, his disabilities (as meinbe? of Thirty-Third Congress) having been removed by the amnesty act approved that day.

Illinois—Charles B. Farwell, John F. Farnsworth, Horatio C. Burchard, John B. Hawley, Bradford N. Stevens, Henry Snapp,* Jesse H. Moore, James C. Robinson, Thompson W. McNeeiy, Edward Y. Rice, Samuel S. Marshall, John B. Hay, John M. Crebs, John L. Beveridge.f

Missouri—Erastus Wells, Gustavus A. Finkeinburg, James R. McCormick, Harrison E. Havens, Samuel S. Burdett, Abram Comingo, Isaac C. Parker, James G. Blair, Andrew King.

Arkansas—James M. Hanks, Oliver P. Snyder, Thomas Boles. J

Michigan—Henry VValdron, William L. Stoughton, Austin Blair, Wilder D. Foster, || Omar D, Conger, Jabez G. Sutherland.

Florida—Josiah T. Walls.

Texas*—William S. Herndon, John C. Conner, De Witt C. Giddings, John Hancock.

Iowa—George W. McCrary, Aylett R. Cotton, William G. Donnan. Madison M. Walden, Frank W. Palmer, Jackson Orr.

Wisconsin—Alexander Mitchell, Gerry T7. Hazelton, J. Allen Barber, Charles A. Eldredge, Philetus Sawyer, Jeremiah M. Rusk.

California^—Sherman 0. Houghton, Aaron A. Sargent, John M. Coghlan.

Minnesota—Mark H. Dunnell, John T. Avenll.

Oregon—James H. Slater.

Kansas—David P. Lowe.

West Virginia—John J. Davis, James C. McGrew, Frank Hereford.

Nevada—Charles W. Kendall.

Nebraska—John Tafie.



In Senate.

1871, March 3—The sundry civil appropriation bill pending—

Mr. Trumbull moved to add the following flew section:

That the President of the United States be, and he is hereby, authorized to prescribe such rules and regulations for the admission of persons into the civil service of the United States as will best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter; and for this purpose the President is authorized to employ suitable persons to conduct said inquiries, to prescribe their duties, and to establish regulations for the conduct of persons who may receive appointments in the civil service. \

Mr. Williams moved that it be tabled; which, on a division, was disagreed to—yeas 25, nays 26.

The section was then adopted—yeas 32, nays 24.

The House agreed to this and other amend

* Qualified December 4,1871, vice Burton C.Cook, resigned.

t Qualified December 4,1871, vice John A.Logan, resigned.

t Qualified February 9,1872, vice John Edwards, qualified March 22, 1871, and unseated without a division.

fi Qualified December 4,1871, vice Thomas W. Ferry, resigned.

§This is a copy of a joint resolution offered in the House, January 30, 1871, by Hon. William H. Armstrong, and referred to the select committee on the reorganization of the civil service, with the exception that his resolution contained the following additional clause:

The President is also authorized to prescribe fees to be paid by all persons applying for appointments, except such classes of honorably discharged soldiers as he may exempt, which fees shall be applied to the payment of the expenses of making such in%uiri«8.

ments added by the Senate, without a yea and nay vote.

In Senate.

1872, March 7—Pending the legislative appropriation bill, and the question being on concurring in Senate in an amendment made as in Committee of the Whole, appropriating $50,000 to enable the President of the United States to perfect and put in force such rules as may from time to time be adopted by him—

Mr. Carpenter moved to substitute for that the following:

That all laws or parts of laws under which the present civil service commission is appointed by the President of the United States be, and the same are hereby, repealed.

Mr. Trumbull moved to lay the amendment on the table; which was agreed to—yeas 29, nays 21:

Yeas—Messrs. Ames, Anthony, Bayard, Boreman, Buckingham, Casserly, Cole, Coupling, Corbett, Davis of West Virginia, Edmunds, Flanagan, Freliughuysen, Goldthwaiie, Harlan, Hill, Johnston, Kelly, Morrill of Vermont, Pratt, Schurz, Scott, Sherman, Stevenson, Stockton, Trumbull, Vicktrs, Wilson, Wright—29.

Nays—Messrs. Alcorn, Blair, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cooper, Hamilton of Texas. Hitchcock, Kellogg, Logan, Osborn, Pomeroy, Pool, Ramsey, Rice, Saulsbiiry, Tipton, West, Windom—21.

March 11—The amendment appropriating $50,000, as above, was concurred in—yeas 25, nays 21:

Yeas—Messrs. Ames, Anthony, Blair, Cole,Cooper, Corbett, Davis of West Virginia, Edmunds, Ferry of Michigan, Flanagan, Frelinghuysen, Hamilton

* Messrs. Conner and Hancock qualified December 4, 1871; Mr. Herndon December 12; and Mr. Giddings May 13,1872, in place of Mr. William T. Clark, unseated on that day, and who had qualified, on a prima facie certificate, January 10, 1872.

t Messrs. Houghton and Coghlan qualified Det>^mber 4,1871; Mr. Sargent, January 10,1872.

of Maryland, Johnston, Kellogg, Kelly, Morrill of Maine, Morton, Norwood, Nye, Pratt, Schurz, Sherman, Trumbull, Vickers, Wilson—25. r. Nays—Messrs. Alcorn, Borernan. Caldwell, Chandler, Clayton, Gilbert, Goldthwaite, Hamilton of Texas, Harlan, Hill, Hitchcock, Howe, Lewis. Osborn, Pomeroy, Ramsey, Spencer, Sprague, West, 'iWindoin, Wright—21.

In House.

1872, April 12—The Committee of the Whole reduced this appropriation to $10,000; and iae House concurred in the amendment of the committee—yeas' 115, nays 58:

Yeas—Messrs.Ames,Archer,Arthur,Barvy, Beatty, Beck, Bel/. Beverkl^e. Bigby, Biggs, Bird, Boles, Braxton, Buckley, Buflinton, B. F. Butler, F. Clarke, Cobb, Cobum, Coghlan, Comingo, Critcher, Crossland, De Large, Donnan. Box, Du Rose, Duell. JDuke, Dunpell, Fanvell, Barker, Frye, Garrett, Golladay, Goodrich,Haldemon, La.mdeion, Hancock, Hundley,Hanks, Harper, J.T. Harris, Havens, Hays,G.W. Hazelton, J. W. Hazelton, Herndon, Houghton, Kerr, Lamison, Lamport, Lansing, Leach, Lewis, Manson, Marshall, McClelland, McGrevv, McHenry, Mclntyre, MeJunkin, Mercur, Merriam, Merrick, B. F. Meyers, Vlorey, Morgan, Morphis, Negley, Orr, Packer, Palmer, Peck, Pendleton, Perce. E. Perry, Prindle, Rainey, Randall, Read, W. R.Roberta, Rusk, Sargent.Sawyer, Scofield, Seclcy, Shanks, Sheldon, Sherwood, Shober, Slater, J. A. Smith, Snapp, Snyder, T. J. Speer, Stoughton,Stowell, Sutherland, Taffe, Terry, Thomas, Turner. Tyner, Van Trump. Vaughan, Walden, Wallace, Wheeler, Whiteley, Williams of Indiana. Williams of New York, J. M. Wilson, J. T. Wilson, Wood—115.

Nays—Messrs. Ambler, Banks. Bingham, G. M. Brooks, Burchard, Burdett, R. R. Butler, W. T. Clarke, Conger, Cotton. Dawes, Eames, Ely, Finkelnburg.C. Foster, W. D. Foster, Griffith, Hale, G. E. Harris, Hay, Hibbard, Hill, Hoar, Holman. Hooper, Keliey, Kellovg, Kendall, King, Lowe, Maynard, Me Conniek, M^Criry, Monroe, Moore, L. Myers. Packard, A. F. Perry, Peters, Poland, Potter, E. Y. Rice, E. H. Roberts, Sessions, H.B. Smith, Sprague, Starkweather, Stevens, Stevenson, Storm, Strong, W. Townsend, Twichell, Upson, Wakeman, Waldron, Whitthome, Willard—58.

The amendment of the Senate, as amended, was then concurred in.

Subsequently, in conference committee, the sum was fixed at $25,000.

In House.

1872, April 19—This bill, reported by Mr, Willard, from the Committee on the Civil Service pending:

A Bill to preserve the independence of the several departments of the Government. Be it enacted, &c, That hereafter it shall be unlawful tor any member of either House of Congress^ or delegate from a Territory, verbally or in writing, directly or indirectly, or by any agent or third person, to solicit or recommend, or advise the President of the United States, or any head of a Department, or of any bureau thereof, or any official who has by law power to nominate or appoint to positions in the civil service of the United States, to nominate or appoint, or to refuse to nominate or appoint any person to, or to remove any person from, office or employment in the civil service, except as hereinafter pro vided.

Sec. 2. That whenever the President or the bead of a Department shall, in writing, ask the opinion or advice of a member of Con

gress or a delegate from a Territory, respecting any appointment or removal, such member or delegate may, in wriring only, give his advice or opinion respecting such appointment or removal. And such member or delegate may also, without being requested so to do, give, in writing, to the President or head of Department any information which such member or delegate may have of the misconduct or unfaithfulness of any person in the civil service. Any such information, advice, or opinion given to the President or Head of a Department by any member or delegate, shall be regarded as official, and shall at all times be open to the inspection of members and delegates; and copies thereof shall be transmitted to either House of Congress whenever called for by them for information or publication. All appointments and removals concerning which communications shall have been received by the President or heads of Departments from members or delegates shall be reported to Congress at the session thereof next after such appointment or removal shall have been made, together with all correspondence wiih or communications from members or delegates respecting the same.

Sec. 3. That any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof shall be lined not less than $100,. and not more than $1,000.

Mr. Butler moved that the bill, with the pending amendments, be recommitted to the com mil tee; which was agreed to—yeas 97, nays 79:

Yeas — Messrs. Ames, Averill, Banks, Barberv Beck, Bigby, Bingham, Bird, J. G. Blair, Boles, Braxton, Bright, Buckley, B. F. Butler, R. R. Sutler, W. T. Clark, F.Clarke, Cobum, Coghlan, Co.mingo, Conger, Critcher, Crocker, Darrall, De Large, Dickey, Donnan, Box, Dueli, Bunnell, Farwell* Golladay, Goodrich, Harrner, Harper, G. E. Harris, J. T. Ham*. Havens. Hay.-*. G. W. 11 izelum, J. W. liazelion, Kendall, Kerr, Ketcham. King, Lamison, Lamport, Lansing, Maynard, McJuukin, McKee, Mercur, Moore, Morey, Morgan, L. Mvers, JSibiack,. Pa ker, Palmer, I. C. Parker, Peck, Perce, Peters, Prindle, Rainey, Ruek, Sargent, Scofioid, Seeley, Sessions, Snauks, Sheldon, Shoemaker, Sintery Slotts, J. A. Smitn, Snapp, Snyder, R. M. Speer, T. J.Sp«er," Sprague, Stoughton, Sypher, Taffe. Terry,W, Townsend, Turner, Twichell, Tvner, Van Trump.* Wojidell, Walden, Wallace, Wheeler, Wniteley,. J. M. Wilson. J. T. Wilson—97.

Nays Messrs. Acker, Adams, Archer^ Arthur, Beatty, A. Blair, ./. Brooks, Buflinton. Burchard» Burdett, Cotton, Cox, Crossland, Bu Base, Drake * Eames, Eldredge, Ely, Farnswortb, Finkelnburg, W. D. Foster, Frye, Garfield, Garrett, Getz, Griffith, Haldeman,~H.n\e, Halsey, Hambleton, Hancock, Handley, Hanks, Hay, Hibbard, Hoar,' Holman, Keliey, Lowe, Lynch, Manson, Marshall, McClelland, McCormick, McCiary, Mclntyre, Merriam, Monroe, Morphis, Orr, Packard, //. W. Parker, A. F. Perry, E. Perry, Poland, Potter, Pricet Read, Ritchie, E„ H. Roberts, W. R. Roberts, Rogers, Roosevelt, Sherwood, Starkweather. Stevens, Stevenson, Storm, Strong, Sutherland, Swann, Upson, Voorhees, Wakeman* Waldron, Wells, Whitthome, Willard, Young—79.


Executive Order.

Washington-, April 16, 1872. The advisory board of the civil service, having completed the grouping contemplated by the rules already adopted, have recommended certain provisions for carrying the rules into effect.

The recommendations, as herewith published, are approved, and the provisions will be enforced as rapidly as the proper arrangements can be made, and the thirteenth of the rules adopted on the 19th day of December last is amended to read as published herewith.

The utmost fidelity and diligence will be expected of all officers in every branch of the public service. Political assessments, as they are called, have been forbidden within the various Departments; and while the right of all persons in official position to take part in pol ides is acknowledged, and the elective franchise is recognized as a high trust to be discharged by all entitled to its exercise, whether in the employment of the Government or in private life, honesty and efficiency, not political activity, will determine the tenure of office. U. S. Grant.

By the President:

Hamilton Fish, Secretary of State.


1. No person will be appointed to any position in the civil service who shall not have furnished satisfactory evidence of his fidelity to the Union and the Constitution of the United States.

2 The evidence in regard to character, health, age, and knowledge of the English language, required by the first rule, shall be furnished in wtiiing, and if such evidence shall be satisfactory to the head of the Department in which the appointment is to be made, the applicant shall be notified when and where to appear for examination; but when the applicants are so numerous that the examination of all whose preliminary papers are satisfactory is plainly impracticable, the head of the Department shall select for examination a practicable number of those who are apparently best, qualified.

3. Examinations to fill vacancies in" any of the Executive Departments in Washington shall be held not only at the city of Washington, but also, when directed by the head of the Department in which the vacancy may exist, in the several States, either at the capital or other convenient place.

4. The appointment of persons to be employed exclusively in the secret service of the Government; also of persons to be employed as translators, stenographers, or private secretaries, or to be designated for secret service, to fill vacancies in clerkships in either of the Executive Department at Washington, may be excepted from the operation of the rules.

5. When a vacancy occurs in a consular office, of which the lawful annual compensation is three thousand dollars or more, it will be filled at the discretion of the President, either by the transfer of some person already in the service or by a new appointment, which may be excepted from the operation of the rules. But if the vacancy occur in an office of which the lawful annual compensation, by salary or by fees ascertained by the last

official returns, is more than one thousand dollars and less than three thousand dollars, and it is not filled by transfer, applications will be addressed to the Secretary of State, inclosing proper certificates of character, responsibility, and capacity, and the Secretary will notify the applicant who, upon investigation, appears to be most suitable and competent to attend for examination; and if he shall be found qualified, he will be nominated for confirmation; but if not found qualified, or if his nomination be not confirmed by the Senate,* the Secretary will proceed in like manner with the other applicants who appear to him to be qualified. If, however, no applicants under this regulation shall be found suitable and qualified, the vacancy will be filled at discretion. The appointment of commercial agents and of consuls whose annual compensation is one thousand dollars or less, (if derived from fees, the amount to be ascertained by the last official returns,) of vice consuls, deputy consuls, and o! consular agents and o her officers who are appointed upon the nomination of the principal officer, and for whom he is responsible upon his official bond, may be, until otherwise ordered, excepted from the operation of the rules.

6. When a vacancy occurs in the office of collector oi ih-customs, naval officer, appraiser, or surveyor of the customs, in the customs districts of New Yoik, Boston and Charlestown, Baltimore, San Francisco. New Orleans, Philadelphia, Vermont, (Burlington.) Oswego, Niagara, Buffalo Creek, Champlam, Portland and Falmouth, Corpus Christi. Oswegatchie, Mobile, Brazos de Santiago,(Brownsville,) Texas, (Galveston, &c. ) Savannah, Charleston, Chicago, or Detroit, the Secretary of the Treasury shall ascertain if any of the subordinates in the customs district in which such vacancy occurs are sui able persons qualified to discharge efficiently the duties of the office to be rilled, and. if such persons be found, he shall certify to the President the name or names of those subordinates, not exceeding three, who, in his judgment, are best qualified for the position, from which the President will make the nomination to fill the vacancy. But if no such subordinate be found qualified, or if the nomination be not confirmed, the nomination will be made at the discretion of the President. Vacancies occurring in such positions in the customs service in the said districts as are included in the subjoined classification will be filled in accordance with the rules. Appointments to all other positions in the customs service in said districts may be, until otherwise ordered, excepted from the operation of the rules.

7. When a vacancy occurs in the office of collector, appraiser, surveyor, or other chief officer in any customs district not specified in

! the preceding regulation, applications in | writing from any subordinate or subordinates | in the customs service of the district, or from other person or persons residing within the i said district, may be addressed to the Sec| re'tary of the Treasury, inclosing proper 'certificates of character, responsibility, and

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