Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1867-02-02
The Bill Re- ulatlng the Tenure of Civil
offices


The following is the full text of the
bill regulating the tenure of certain
civil offices, which, after more than a
weeks debate, was passed by the Sen
ate on the 18th, yeas %, nays 9, the
negatives being Bnckalew. CowaD,
Dixon, Doolittle, Hendricks, Nesmith,
Patterson, Riddle and Salisbury:
Be it enacted, &C., That every person, ex-
cepting the Secretaries of State. of the Treas
ury, of War, of the Navy, and of the Interior,
the Postmaster General and the Attorney
General, holding any civil Office to which he
has been appointed by and with the consent
of the Senate, and every person who shall
hereafter be appointed to any such Office and
shall become duly qualified to act therein is
and shall be entitled to hold such Office until
a successor shall have been in like manner
appointed and duly qualified, except as here
la or otherwise provided.
SEC 2. And be it further enacted, That
when any officer appointed as aforesaid, ex-
cepting judges of the United States Courts
and excepting those especially excepted IN
section one OF this act, and during a rece IS
| of the Senate be shown by evidence satisfac
tory to the President to be guilty Of miscOn-
duct in Office, or for crime, or for any reason,
shall become incapable or legally disquaii-
| fed to perform it's duties, in such case and in
no other, the President may suspend such
officer and designate some suitable person
| to perform temporarily the duties OF such
| Office until the next meeting of the Senate
and until the cases shall be acted on by the
Senate, and such person so designated shall
| take of such officer the oath and give the
/ bonds required by law to be given and taken
/ by the person appointed to I'LL such office;
and in such case it shall be the duty of the
| President within twenty days after the first
/ meeting OF such next meeting of the Senate,
| to report to the Senate such suspension
| with the evidence and reasons for his action
| in the case, and the name of the person so
designated to perform the duties Of such Of
| fee; and If the Senate shall concur in such
| suspension and advise and consent to the re-
moYal of such officer, they shall so certify to
| the President, who may thereupon remove
such officer, aud by and with the advice and
| consent of the Senate, appoint another person
| to such Office. But ii the Senate shall refuse
4 to concur in such suspension, such officer so
| suspended shall forthwith resume the func-
| tons of his Office, and the powers of the per-
son so performing its duties i'll his stead
| shall cease, and the official salary and emol-
uments of such officer shall, during such sus-
| pension. belong to the person 80 performing
/ the duties thereof, and not 20 the officer 80
suspended. PrOUided, bOl1eUey, that the
| President, in case he shall become satisfied
that such suspension was made on insufficient
| grounds shall be authorized at any time be.
| fore reporting such suspension to reinstate
such officer In the performance of the duties
of his office.
SEQ. 8. And be IL further enacted, That the
President shall have power to fill ali vacancies
which may happen during the recess of the
| Senate, by TeasOn-of death or resignation, by
! granting commissions, which shall pire at
| the end of the next session thereafter. And
| If no appointment by and with the advice and
| consent of the Senate shall be made 10 such
| Office so vacant or temporarily filed as afore-
/ said during such next session OF the Senate
such office shall remain in allegiance without
| any salary, fees or emOluments attached
| thereto until the same shall tie filed by ap.
| pOiutment thereto, by and with the advice
aud consent of the Senate and during such
time all the powers and duties belonging TO
! such Office shall be exercised by such other
| officer as may by law exercise such powers
and duties in case OF vacancy in such office.
SEC. 4. And be ii further enacted. That
nothing in this act contained shall be con-
strued to extend the term of any Office, the
duration of which is limited by law.
| SEC s. And be il further enacted, That if
| any person shall contrary to the, provisions
of this act, accept any appointment to or
employment in any Office, or shall hold or ex-
erclse, or attempt to hold or exercise. any
| such office or employment, he shall be Deem
ed and is hereby declared to be guilty of a
| high misdemeanor, and upon trial and con-
victiOn thereof he shall be punished therefor
| by fine not exceeding ten Thousand dollars,
or by Imprisonment not exceeding ten years
or both said punIshments, in the discretion
ofthe Court,
SEC. 6. And be it further enacted, That
| every removal, appointment or employment
made, had or exercised contrary TO the prOvis-
ions of this act, and the makiog, signing, seal
| ing, countersigning, or issuing of any commits
| sion or letters of authority for or in respect
to any such appointment or employment,
| shall be deemed and are hereby declared to
/ be high mlsdemeanorS and upon trial and
conviction thereon ev, ry person guilty there
| OF shall be punished by fine not exceeding
ten thousand dollars, or by imprisonment
! not exceeding i've years, or both said pun
ishments, In the discretion of the Court. pro-
vided, that the President shall have power
after the adjournment to make out and deliv-
| er the commission OF persons whose appoint
ment to Office has been advised and consented
to by the Senate.
SEC. z. And be it further enacted, That it
| shall be the duty of the Secretary of the SEN
ate, at the close of each session thereof. to
! deliver to the Secretary of the Treasury, and
to each of his assistants, and to each of the
Auditors and to each of the Comptrollers in
the Treasury, and to the Treasurer and to
the Register of the Treasury, a full
and complete hst, duly certified, of all the
persons who shall have been nominated to
| and rejected by the Senate during such ses-
sion; and like list of all the offices to which
nominations shall have been made, and not
confirmed and filled at such session.
SEC 8. And il be further enacted. That
whenever the President shall, without the adj
vice and consent of the Senate, designate, au-
thoriZe or employ any person to perform the
duties of any office, he shall forthwith notify
the Secretary of the Treasury then OF it, and
it shall be the duty of the Secretary Of the
Treasury thereupon to communicate such
notice to all the proper accounting and dis
bursting officers of his department.
| SEC. y. And be il further enacted, That no
money shall be paid or received from the
Treasury or paid or received from retain
ed out of any public moneys or funds OF the
United States, whether in the Treasury or
not, }, or by, or for the benefit OF any person
appointed to or authorized to act in, or hold
ing or exercising the duties or functions OF
any office, contrary to the provisions OF this
act. Nor shall any claim, account. voucher
order, certificate, warrant, or other lustru-
ment providing for relating to such pay
ment, receipt or retention be presented, pass
ed, allowed, approved, testified or paid by any
officer of the United States, or any other. or
by any person exercising the functions, or
performing the duties of any Office or place OF
trust under the United States, for or in re-
| spect of such office, or the exercising or per-
| forming the functions or duties thereof; and
every person who shall Olate any of the pro-
visions of this section shall be deemed guilty
of a high misdemeanor, and upon trial and
conviction thereof shall be punished there
| for by fine not exceeding ten thousand dol
! lars, or by imprisonment not exceeding ten
years, or both said punishments, in the dis
| erection of the Court.