Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1867-01-31
The z3ill Regulating the Ten
ure Oi LiVis Office.

The following Is the full text OF the bill
regulating the tenure OF certain civil cff:-
ces, to which we alluded last week:
B. il enacted. &c. That every person.
excepting the Secretaries of State, OF the
Treasury. OF War, of the Navy, and of the
Interior the Postmaster General aad the
Attorney General, holding any civil office
to which lie has been appointed by and
with the advice and consent of the Senate,
and every person who sh al hereafter be
appointed TO any such office and become
duly qualified to act therein, is and shall be
entitled to hold such Office until success
s0r shall have been in like manner appoint
ed and duly qualified, except as herein or
otherwise provided.
SEC And be il further enacted, That
when any officer appointed as aforesaid, eX
cepting judges of the United States Courts,
and excepting those specially excepted in
section one OF this act. shall during re-
cess of the Senate he shown by evidence
satisfactory to the President to be guilty of
misconduct in office, or for crime, or for
any reason, shall become incapable or le
gally disqualified 10 perform its duties, in
such case. and in no other. the President
may suspend such officer and designate
some suitable person to temporarily per-
form the duties of such office. until the next
me ting of tn Sc iate AMI until the cases
shall be acted on by the Senate, and such
person so desi gnated shall take ofsuch off
Ger the oath and give the bonds required
by law to be given and taken by tie per
son appointed to fill such Office: and in
such case il shall lie the duty OF The Presi-
dent within twenty DAYS after the first
meeting of such next meeting of the Sen
ate, to report TO the Senate such suspen-
1 sion, with the evidence and reasons for his
action in the case, and the name of the per-
son so designated to perform the duties of
such office; and if the Senate shall concur
| in such suspension and advise and consent
to the removal of such officer, they shall so
ceItify to the President, who may there
upon remove such officer. and by and with
the advice and consent of the Senate, ap-
: puiut aIother rersOn to such office. But
if the Senate shall refuse 10 concur In sucil
suspension. such officer so suspended shall
forthwith resume the functions of his office,
and the powers of the person so performing
its duties in his stead shall cease. and the
official salary and emoluments of such Off
Ger, shall, during such suspension, belong
to the person so performing the d1ties
thereof, and not to the officer so suspended.
Provided, however, that the President, in
case he shall become satisfied that such sus-
pension was made on insufficient grounds,
shall be authorized at any time before re-
porting such suspension TO the Senate as
above provided, to- revoke such suspension
and reinstate such officer i'm the perform
ance of the duties of his office.
SEC. 8. And be il further enacted. That
the President shall have power to ill all
vacancies which may happen during the re-
cess of the Senate by reason of death Or re-
Isignation, by granting commissions, which
shall expire at the end of the next session
thereafter. And if no appointment bv and
with the advice and consent of the Senate
shall be made to such office so vacan. or
temporarily filed as aforesaid during such
next session ofthe Senate, such Office shall
remain in abeyance without any salary,
fees or emoluments attached thereto until
the same shall be filled by appointment
thereto, by and with the advice and 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 du-
ties in case of a vacancy i'm such Office.
SEC. 4. And be it 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. 5. And be it further enacted, That il
any person shall, contrary to the provisions
of this act, accept any appointment to or
employment in any Office, or shall hold or
exercise, or attempt to hold or exercise,
lany such Office or employment, he shall be
ldeemed and is hereby declared to be guilty
of high misdemeanor, and upon trial and
Iconviction thereof he shall be punished
therefor by fine not exceeding ten thous-
and dollars, or by Imprisonment not ex-
ceeding ten years, or both said punishments
in the discretion of the Court.
| SEC. 6. And be it further enacted, That
every removal, appointment or employment
made, had or exercised contrary to the pro-
visions of this act, and the making, signing,
sealing, countersigning, or issuing of any
commission or letter of authority for or in
respect to any such appointment or en-