Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-05-18
j. w. FORNEl,
Secretary Of the Senate.

Secretary OF the Senate.
PUBLIc-No. 60
AN Acrrcgulating the tenure Of ccr-
tain civil offices.
BE il enacted By tie Senate and
House Of Representatives Of the Uni
ted States Of America in Congress as
SemJted, That every person holding
any civil office to which he has been
appointed by and with the advice
and consent Of the Senate, and eve
ny person who shall,hercattcr be APP
pointed to any such office, and shall
become duly qualified to act therein,
is, and shall be entitled to hold such
Office until n successor shall have
been in like manner appointed and
duly qualified, except as herein
otherwise provided ProUided, That
the Secretaries Of State, fthc Treas
ury, Of War, of the Navy, and of
the Interior, the Postmaster Gene
raj, and the Attorney General shall
hold their Offices respectively for
and during the term of the Presi-
dent by whom they may have been
appointed and for one mouth th3re-
after subject to removal by and with
the advice and consent Of the Sen
ate.
SEC. 2. And be it further enacted,
That when any officer appointed as
aforesaid, excepting judges Of the
United States courts, shall, during
a recess Of the Senate, be shown by
evidence satisfactory to the Prcsi-
dent, 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 in no other, the Pres
ident 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 case
shall be acted upon by the Senate,
and such person so designated shall
take the oaths and give the bonds
required by law to be taken and Civ
en- by the 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
suspension, with the evidence and
reasons for his action in the case and
the name Of the person so designat-
ed to perform the duties of such Of
flee. And if the Senate shall concur
in such suspension and advise and
consent to the removal of such Off
Ger, they shall SO certify to the
President, who may thereupon re-
move such officer, and, by and with
the advice and consent of the Sen
ate, appoint another person to such
Office. But if the Senate shall re-
fuse to concur in such suspension,
such officer so suspended shall forth
with resume the functions of his Of
fee, and the powers Of the person
so performing its duties in his stead
shall cease, and the official salary
and emoluments of such officer shall, !
during such suspension, belong to
the person so performing the duties
thereof, and not to the officer so sus-
pended: PrOr,ded, houecer, That the
President, in case he shall become
satisfied that such suspension was
made on insufficient grounds, shall |
be authorized, at any time, before
reporting such suspension to the
Senate as above provided, revoke
such suspension and reinstate such
officer in the performance of the du-
ties of his office.
SEC. 3 And be it further enacted,
That the President shall have pow
er to fill all vacancies which may |
happen during thcrecess ofthe Sen
ate, by reason of death or resigna-I
ton, by granting commissions which
shall expire at the end of their next
session thereafter. And if no ap-
pointment, by and with the advice
and consent of the Senate, shall be
made to such office so vacant or
temporarily filled as aforesaid du-
ring such next session of the Sen
ate, such Office shall remain in abey-
ance, without any salary, fees, or
emoluments attached thereto, by
and with the advice and consent Of
the Senate and during such time
all the powers and duties in case of
a vacancy in such office.
SEC. 4. And be It further 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.
SIC. 5. And be-it further enacted,
That f any person shall, contrary
to the provisions of this act, accept
any appointment to or employment
in any office, or shall hold or exer-
else or attempt to hold or exercise,
any such office or employment, he
shall be deemed, and he is hereby
declared to be, guilty Of high mis-
dem eanor, and, upon trial
and conviction thereof he shall
be punished therefor by a fine not
exceeding ten thousand dollars, or
by imprisonment not exceeding five
years, OF both said punishments, in
the discretion Of the court. i,
SIC. 6 And Be Il further enacted,
That every removal, appointment
or employment, made, bad, OF ex-
ercised, contrary to the provisions
Of this act, and the making, sign