Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-22
THE TENURE OF CIVn OFFICES

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THE TENURE OF CIVIL OFFICES
Highly Important Ri57-If Passes ,he
SENATE Twenty -Dtae 40 Nine
Correspondence of the C.lcinnati Gazette.
NAsHNGToE, Jan. l8.-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 Senate this evening. Yeas, 29; nays,
.. The negative vote being: Buckalew,
Cowan, Dixon, Doolittle, Hendricks,
Nesmith, Patterson, Riddle and Salisbury.
lie ID enacted, etc, That every person,
excepting the Secretaries Of State, Of the
Treasury, 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 advice and consent of the Senate
and every person who shall hereafter be
appointed 10 any such office, and shall be-
come duly qualified to act therein, is and
shall be entitled to hold such office until
successor shall have been in like manner
appointed and duly qualified, except as
herein or otherwise provided.
Sec. 2. And be il further enacted, that
when any officer appointed as aforesaid
excepting Judges of the United States
Courts, and excepting those specially ex-
cepted in section one of this act, shall
during recess of the Senate be shown by
evidence satisfactory TO the President to be
guilty Of misconduct in Office, or crime, or
for any reason shall become incapable or
legally disqualified to perform its duties,
in such case and no other the President
may suspend such officer and designate
some suitable person TO perform tempOrari-
" the duties of such office until the next
meeting Of the Senate and until the cases
shall be acted upon by the Senate, and such
person 50 designated shall take the oaths
and give the bonds required by law to be
taken and given by the person duly ap-
pointed to fill such Office, and in such case
it shall be the duty Of the President, with
in twenty days after the first day of such
next meeting of the Senate, to report 10
the Senate such suspension, with the eyi-
dence and reasons for this action in the
case, and the name of the person so desig-
mated to perform the duties of such Office
and if the Senate shall concur in snch sus-
pension, and advise and consent to the re-
moval of such officer, they shall SO certify
to the President, who may thereupon re-
move such officer, and by and with the ad-
vice and consent of the Senate appoint an
otherperson to such Office; but ifthe Senate
shall refuse to concur in such 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 10
fhsa l.
and not to the officer so suspended: pro-
vided, 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, 70 revoke such suspension
and reinstate such officer in the performance
Of the duties of his Office.
Sec. g. And be il further enacted, That
the President shall have power to fill all
vacancies which may happen during the
recess OF the Senate by reason of death or
resignation, by granting commissions which
shall expire at the end Of their next session
thereafter and if no appointment by and
with the advice aud consent Of the Senate
shall be made to such office so vacant, or
temporarily filled as aforesaid, during such
next session of the Senate such office shall
remain in abeysnce, without any salary.
fees or emoluments attached thereto, until
the same shall be filled by appointment
thereto, by and with the advice and con-
sent OF the Senate and during such time
all the powers and duties belonging to such
office shall be exercised by such other Of
6oer as may by law exercise such powers
and duties in case Of a vacancy in such Of
fee
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. 3. And be it further enacted. That
if any person shall, contrary to the proyis-
ions Of this act accept any appointment to
or employment in any Office, or shall hold
or exercise, OF attempt 10 hold or exercise,
any such office or employment he shall be
deemed and is hereby declared TO be guilty
of a high misdemeanor, and apon trial and
conviction thereof, he shall be punished
therefor by fine not exceeding ten thou
sand dollars, or by imprisonment not ex-
ceedidg ten years, or both said punishments.
in the discretion Of the court.
Sec. g. And be it further enacted, That
every removal appointment or employment
made, had or exercised contrary to the
provisions Of this act, and the making,
signing, sealing, couutersigning or issuing
| Of any commission or letter Of authority.
for or in respect 20 any such appoint
ment or employment shall be deemed, and
are hereby declared to be high misdemean-
ors, and upon trial and conviction thereof.
| every person guilty thereof shall be pun
/ ished by a fine not exceeding ten thousand
| dollars, or Imprisonment rot exceeding five
/ years, or both said punishments in the dis
erection Of the court provided that the
/ President shall have power aler the ad-
/ iouTnment 20 make out and deliver the
/ commissions Of persons waose appointment
/ 20 office has been advised and consented 10
by the Senate.
Sec :. And be il further enacted, That il
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 10 each Of his assistants, and to each of
/ the Auditors, and 70 each OF the Comptroll-
ers Of the Treasury, and 20 the Treasurer.
| and to the Register Of the Treasury, full
| and complete list, duly certified, Of sl the
persons who shall have been nominated TO
and rejected by the Senate during such sea.
sion, and a like lsi Of an the officers to
which nominations hhAii nave been made,
and not confirmed and filled n such session.
Sec. s. And be il further enacted, That
whenever the President shall, without the
advice and consent Of the Senate, desig-
nate. authorize 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
/ therenpon 10 communicate such notice 70
all the proper accounting and disbursing
officers of his department,
Sec 9. And be IL further enacted, That
no money shall be paid OF received from
the treasury, or Paid, or received from, or
I retained ont Of any public moneys or funds
/ Of the United states, whether in the
/ treasury or not to, or by, OF for the benefit
/ Of any person appointed TO, or authorized
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