The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-01-22
The Tenure of Office.

LIE Tenure OF UIllC6,
"i.oynIty" must Livc-"Unien 1Icn''
atoriaI Thunder.
The wise men of the Senate are pro-
viding for their own household. The
bill to neutralize the Presidents ap-
pointing power, and enable the Senate
of the United States to dictate his ap-
pointecs passed the Senate on Friday,
by vote of % to 8. We give it infull
SECTION l. That every person ex-
cepting the Secretaries of State, of the
Treasury. Of War, of the Navy, and OF
the Interior, Postmaster General and
Attorney General, holding any civil Of
fee, to which he has been appointed by
and with the advice and consent of the
Senate, and every person who shall
hereafter be appointed to any snch
office, and shall become duly qualified
to act therein, is and shall be entitled
. to hold such office until q successor shall
have been in like manner appointed and
duly qualified, except as herein other
wise provided.
SEC. 2. That when any officer ap-
pointed as aforesaid, excepting
Judges of the United States Courts, and
excepting those specially excepted in
section one of this act, shall, during the
recess of the Senate, be shown by evil
dence satisfactory to the President, to
be guilty of misconduct in office or
crime, or for any reason shall become
incapable OF legally disqualified to per-
| form its duties; i'll such cases, and in
no other, the President may suspend
such officer and designate some suitable
person to perform temporarily the du-
ing of the Senate, and until the case
shall be acted upon by the Senate; and
such person so designated shall take
the oath, and give bonds required by
law to be taken and given by person
duly appointed to fill such office, and in
such case it shall be the duty of the
President, within twenty days after the
first day of such next meeting of the
Senate, to report to the Senate such sus-
pension, with the evidence and reasons
for his action in the case, and name of
person so designated to perform the du-
ties of such office, and if the Senate
shall concur in such suspension, and ad-
wise and consent to the removal of snch
officer, they shall so certify to the Pres
ident, who may, thereupOn, remove
such officer, and by and with the advice
and consent of the Senate appoint an
other person to such office; but if the
Senate shall refuse to concur i'll such
suspension such officer SO suspended
shall forthwith resume the functions of
his Office, and the powers of person so
performing its duties i'll his stead shall
cease, and the official salary and emolu-
ments of such officer shall, during such
suspension, belong to the person so per-
forming the duties thereof, and not to
the officer so suspended; Pr0rided, how
ever, that the President, in case he shall
become satisfied that such suspension
was made on insufficient grounds, shall
be authorized at any time before report
| ing such suspension to the Senate, as
above provided, to revoke such suspen-
sion and reinstate such officer i'll per-
| forinance of the duties of his Office.
SEC. 3. That the President shall
have power to fiji all vacancies which
MAY happen during the recess of the
Senate by reason OF death or resigna-
tion, by granting commissions which
shall expire at the end of their next ses-
sion thereafter, and if no appointment
by and with the advice and consent of
the Senate shall be made to such Of
flee so vacant or temporarily filled as
aforesaid during such next session OF
Senate, such office shall remain in abey-
ance without any salary, fees or cmolu-
ments 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
powers and duties belonging TO such
office shall he exercised by such other
officer as may by law exercise such
powers and duties in case Of vacancy in
such office.
SEC. a. Nothing in this act contained
shall be construed to extend the term of
any office, the duration of which is lin
tied by law.
SEC. 5. If 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 at
tempt to hold or exercise, any such Of
flee or employment, he shall be deemed
and is hereby declared to be guilty of a
high misdemeanor, and upon trial and
conviction thereof, he shall be punished
therefor by fine not exceeding ten thou
sand dollars or by Imprisonment not eN-
ceeding five years, or both such punish
mcnts in the discretion of the court.
SEC. 6. Every removal, appointment
! ,,no1n ho1 nyarpignI
contrary to the provisions of this act,
and making, signing, sealing, counter
signing or issuing of any commission or
letter of authority for or in respect TO
any such appointment, shall be deemed
and are hereby declared to be high mis-
demeanors, and upon trial thereof, every
person guilty thereof shall be punished
by fine not exceeding ten thousand
dollars, or by imprisonment not exceed
ing five years, OF both said punishments
in the discretion of the Court.
SEc.7. 1t shall be the duty of the
Secretary of the Senate, 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 Comptrol-
lers in the Treasury, and to the Treas
urer, and to the Register of the Treasu-
ry, full and complete list, duly certi-
fled, of all persons who shall have been
nominated to and rejected by the SEN
ate during such session, and like list
of all officers to which nominations
shall have been made, and not confirm
ed and filled at such session; provided
that the President shall havo power to
make, and deliver after the adjourn
ment of the Senate commissions for all
officers whose appointments shall have
been advised and consented to by the
Senate.
Sec. 6. Whenever the President shall,
1 without the advice aad consent of the
Senate, designate, authorize or employ
any person to perform the duties of any
office, he shall forthwith notify the
Secretary of the Treasury thereof,
and it shall be the duty Of the
Secretary of the Treasury thereupon to
communicate such notice to all the
proper accounting and disbursing Off
GERS of his Department.
Src O No money shall be Maid or re-