MILLARD FILLMORE.

WASHINGTON CITY, _March 29, 1852_.

_To the Senate of the United States_:

I have the resolution of your honorable body adopted in executive

session March 24, 1852, by which I am requested to return to the Senate

the resolution advising and consenting to the appointment of George C.

Laurason as collector of the customs for the district of New Orleans,

provided a commission had not been issued to him, and in reply thereto

I would respectfully state that prior to the receipt of said resolution

I had signed the commission to Mr. Laurason and transmitted it to the

Secretary of the Treasury, to whom your resolution was immediately

referred; and I have the honor now to transmit his reply, by which

it will be seen that the commission, after having been duly executed,

was sent to the First Comptroller, where it still remains. I suppose,

according to the doctrine laid down in the case of Marbury _v._ Madison

(1 Cranch R., 137), the appointment must be deemed complete, and nothing

short of the removal of Mr. Laurason can enable me again to submit his

nomination to the consideration of the Senate; but as the commission has

not been technically issued to Mr. Laurason, I deem it most respectful

to comply with your request by returning the copy of the resolution

which notified me that the Senate advised and consented to his

appointment.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 1: Presidents Taylor and Fillmore · 第 243 / 335 题