VOLUME VI. CONTAINING THE OPINIONS OF HON. CALEB CUSHING, OF MASSACHUSETTS. FROM MARCH 5, 1853, тo OCTOBER 9, 1854. OF 2392 THE ATTORNEYS GENERAL OF THE UNITED STATES, ADVISING THE PRESIDENT AND HEADS OF DEPARTMENTS, IN RELATION TO THEIR OFFICIAL DUTIES, AND EXPOUNDING THE CONSTITUTION, TREATIES WITH FOREIGN GOVERNMENTS OF THE COUNTRY. EDITED BY C. C. ANDREWS, COUNSELLOR AT LAW. VOLUME VI. L. 8. Dixon. WASHINGTON: PUBLISHED BY ROBERT FARNHAM. 1856. 340237 Entered, according to Act of Congress, in the year 1856, by ROBERT FARNHAM, In the Clerk's Office of the District Court of the District of Columbia. Appointments, provided for by act of Congress merely in general terms, must be made by the President by and with the advice and consent of the Senate. ATTORNEY GENERAL'S OFFICE, March 12, 1853. SIR: I have considered the question submitted by you,-By whom is to be appointed the Assistant Secretary of State, provided for by the act of Congress of March 3d, 1853, sect. 6, entitled an "Act making appropriations for the Civil and Diplomatic Expenses of the Government,”—and am of opinion as follows: "The Constitution of the United States (Art. ii., sect. 2) gives to the President power to appoint, by and with the advice and consent of the Senate, all officers of the United States whose appointments are not otherwise therein provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the Heads of Departments." Of course, without there be express enactment to the contrary, applicable to the cases excepted, the appointment of any officer of the United States belongs to the President, by and with the advice and consent of the Senate. As there is no such express exceptional enactment in the present case, I think the Assistant Secretary of State must be nominated to the Senate by the President. This conclusion is confirmed by reference to sundry analogous (1) |