Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1867-03-15
THE TENURE OF OFFICE,

The following is the law restricting
the appointing power of the President
as passed over the Executive veto on
Saturday:
SECTION /. That every person hold
ing any civil Office to which he has
been appointed by and with the advice
and consent ofthcSenate, and every per-
sou who shall hereafter be appointed to
any such office, and shall become duly
qualified to act therein, is and shall be
entitled to hold sucl, office until d sue
cessor shall have been in like manner
appointed and duly qualified, except as
hereinafter provided f; froUi,ied, that the
Secretaries OF State, OF the Treasury, OF
War, OF the Navy, of the Interior,
and the Postmaster General, and the
Attorney General, shall hold their
offices respectively during, the term OF
the President by whom they may have
been appointed, and one month there
after, subject to removal by and, with
the advice aud consent of the Senate.
SIC. .. That when any officer APP
pointed ms aforesaid, excepting Judges
OF the United States Courts, shall, dur
ing recess of the Senate, be shown by
evidence satisfactory to the President
to be guilty OF misconduct in office, or
for any reason shall become incapable
or legally disqualified to perform its du-
ties, in such ease, and in no other, the
President may suspend such officer, and
designate soine suitable person to per-
form temporarily the duties of such
Ioiiice until the NEXT meeting of the
senate, and in such case it shall he 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 evil
dence and reasons for his action in the
case, and the name of the person so de-
signated to perform the duties of such
office; and if the Senate shall concur
i'm such suspension and advise and con-
sent to the removal of such officer, they
shall so certify to the President, who
may thereupon remove such officer, and
10y and with the advice and consent of
the Senate, appoint another person to
such Office; but If the Senate shall re-
fuse to concur in such suspension, such
officer snail Forthwith resume the func-
tons OF his office, and the power OF the
person appointed in his stead shall
cease, and the. official salary aud emolu-
ments of such officer shall, during the
suspension, belong to the person per-
forming the duties thereof, and not to
the officer SO suspended; provided,
however, that the President, in case he
shall become satisfied that such suspen-
sion was made on insufficient grounds,
shall be authorized at any time before
reporting suspension to the Senate, as
above provided, to revoke such suspen-
sion and rtinstate snch officer in the
performance of the duties of Office.
SEC. 3. That the President shall have
power to ill all vacancies which may
happen during the recess of the Senate
by reason of death or resignation, by
granting commissions which shall ex-
pire ut the end Of their next session
thereafter; and if no appointment by
and with the advice and consent of the
Senate shall be made to such Office so
vacant or temporarily filled as afore
said, during such next session of the
Senate, such Office shall remain in abey-
ance, without any salary, fees, or emoiu-
ments attached, until the same shall be
filled by appointment thereto, by and
with the advice and consent of the Sen.
ate, and during such time all the pow
ers and duties belonging to such Office
shall be exercised by such officer rs may
lawfully exercise such duties and pow
ers in case of a vacancy in such Office.
SEC. 4. That nothing in this act
contained shall be construed to extend
the term of any Office the duration OF
which is limited by law.