The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-01-30

civil Office to which he has been appointed by anu
with the advice and consent OF the Senate, ana
every person who shall hereafter bo appointed to
INV such Office, and shall become qualified to act
therein is and shall be entitled TO hold such Office
nntil q successor shall have been IN Like manner
appointed and Only qualified, except as herein or
Sgc' ?. AID be- Il further enacted, That when any
officer appointed as aforesaid excepting Judges o.
the United States Courts, and excepting those
specially excepted in section one OF this act shat
during recess Of the Senate. be shown ny eylr =
6ance satisfactory to the President to be guilty OF
misconluct in office, Of crime, or for any reason
shall become incapable or legally disquailtlcu TO
perform It's duties, in such case and no other the
President may suspend such officer and designate
some suitable person to perform temporarily the h
dnfies Of such Office until tho next meeting of tho
Senate and unit! tho case shall be acted upon BY
the Senate aud euch person 90 designated shall
take the oaths and give the bonds required By law
to be taken and given by tho person duly appoint
ed to filI such Office, and in such it slal be
the duty of the President witin twenty days after
the frat day Of such next meeting Of the Senate,
to report to the Senate such suspension, with the
eYidsnce and reasons for his action IN the case,
and Tho name uf the person 80 designated TO per-
form the duties Of such Office; and II the Senate
shsli concur in such suspension, and advise and
consent to the rerooval Of such officer, they shS!
go certify to the President, who may thereunan
remove such officer, and by and with tho advice
and consent Of the Senate, appoint another person
to such ca6ce; but if the Senate shall refuse to
concur in such suspension, such officer 30 sus-
pended shall forthwith resume the functions OF bus
office, and the power OF the person 50 performing
tho duties in his stead shall, during the suspen-
sion, belong to the person so performing the
duties thereof, and not to the officer suspended;
provided, however, that the President in caso he
shsil become satisfied that such suspension was
made on sufficient grounds, ehau be authorized,
at any time before leporiing such suspension to
the Senate, as above provided, to revoke such sus
pension and re;nstate such officer in the poriorm-
aace Of the duties Of his Office.
SEC. 3. lad oe 1t further e7aGcle9 mo Ihat the
Preside Mt shall have power to ELL ell vacancies
which nay happen during the recess OF the Senate
bv reason Of death CT resignation, by granting
commissions which shall expire ut the end Of their
:noxt session thereafter; and if no appointment BY
shall be made to such Office so vacani, or tempo
rnliy filed az aforesaid during such next session
OF the Senate, such Office shall remain in abey-
ance without any salary, fees or emoluments at
tached thereto, by and with the advice and con-
sent Of tho Senate, and during such time all tho
powers and duties belonging to such Office shall
be exercised by such other officer as may by Inv
exercise such powers and duties in case OF a va
cancy in stch Office.
Sso. 4 And be It Jartbe, enacted, That nothing
in this act contained shall be construed to extend
the term Of any Office the duration of which is
limited by law.
person shall, contrary 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 any such Office or employment, no
shall be deemed and is hereby declared to be
guilty OF high ,nisdemeanor, and upon tEial and
Conviction thereof he shall be punished therefor
by fine not exceeding ten thousand dollars, or
by imprisonment not exceeding ten years, or both
said punishnents in the discretion Of the court.
SEo. 6. A7d dea further enacted, That every re-
movai, appointment or employment made, had or
exercised, contrary to the provisions of this act,
and the making, signing. sealing, countersigning
OF issuing Of any commission or letter OF authority
n be sd' and hereb dscr
ed to be high misdemeanors, and upon trial and
conviction thereof every person guilty thereof
shsl be punished oy a fine not exceeding ten
Thousand dollars, or imprisonment not exceeding
cretion of the court; provided the President shall
have power after the adjournment to make out
and deliver the commissions of persons whose ap-
2ointnsnt to Office has been advised and consent
ed to BY the Senate.
SEC. I. And be IL further enacted, That it shall
be the duty OF the Secretary OF the Senate at the
close Of each session thereof to deliver to the Sec
retary of the Treasury, and TO each OF his assist
the comttrolers OF the Treasury, and to the
Treasurer, and to The Register Of the Treasury,
full and complete list, duly certified, Of ell the per-
SONS who shall have been nominated TO and reject
ed By the Senate during such session, and iko
list Of Ill the Offices to which nominations shall
have been made, and not confirmed and filed at
such session.
SEC. 8. And be il further enacted, That whenever
the President shall, without the advice and con-
sent Of the Senate, designate, authorize, or en-
p,oy any person to perform he duties Of any Office,
he shsn forthwith notify the Secretary Of the
Treasury then of it, and it eha he the duty Of the
of the Treasury thereupon to commune
cate such notice to all the proper accounting and
s.ohicers of his department..
HEo. 8. dnd be Il further eadcted, That no money
shall be paid or received from the Treasury, or
paid, or received from, or retained ont Of any pub
la MONEYS or funds OF the United States, whether
IN the Treasury OF not, TO, by, or tor the benefit
of any person appointed to or authorized to net ill.,
or holding or exercising the duties or functions Of
shy Office, contrary to the provisions OF this act;
nor shnu any claim, account, voucher, order COR
iacate, warrant or other instrument providing for
or relating 10 such payment, receipt, or 1ete ion
be- presen5ed, passed, allowed approved, certified,
,r paid by any officer Of the United States, or BY
my person exercising the functions or performing
he duties Of any Office place OF trust untlor tho
United States for or in respect to such officer, or
he exercising or performing the functions or du-
ies thereof. And every person who shall violate
Inv of the provisions of this section shall be deem
ID guilty OF h;ga misdemeanor, and, upon trial
nd conviction thereof, shall be punished therefor
" fine not exceeding ten Thousand dollars, OF
" Imprisonment not exceeding ten years, OF both,
aid punishments, in the discretion OF the court.