The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-03-11
The Tenure of ONCE Eli.

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The following is the law restricting
the appointing power of the Presi-
dent, as passed over the Executive
veto on Saturday.
SEC. /. That every person holding
any civil Office to which he has been
appointed by and with the advice and
consent ofthe Senate, and every per-
son who shall hereafter be appointed
to any such office, and shall become
dulv qualified to act therein, is and
shall be entitled to hold such office
until a successor shall have been in
like manner appointed and duly quail
fled, except as hereinafter provided.
Provided 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 thereafter, subject to
removal by and with the advice and
consent Of the Senate.
Sec. 2. That when any officer APP
pointed as aforesaid, excepting
judges of the United States courts,
shall, during recess of the Senate,
be shown by evidence satisfactory to
the President, to be guiltysof miscon-
duct in Office, or crime, or for any
reason shall become incapable, or le-
gally disqualified to perform its du-
ties, in such case and in no other, the
President 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 in such
case it shall be the duty of the Presi-
dent, within twenty days after the first
day of such next meeting of the SEN
ate, to report to the Senate such sus-
pension, with the evidence and rea-
sons for his action in the case, and the
name of the person so designated to
perform the duties of such Office; and
if the Senate shall concur in such
suspension and advise and consent to
the removal of such officer. they shall
so certify to the President, who
may thereupon remove such off
Ger, and by and with the advice and
consent of the Senate appoint another
person to such office; but if the Senate
shall refuse to concur in such suspen-
sions, such officer shall forthwith re-
sumo the functions of his Office, and
the power of the person appointed
in his stead shall cease, and the Off
cial salary and emoluments of such
Office shall, during suspension, belong
to the person performing the duties
thereof, and not to the officer so
suspended; provided, however, 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 sus-
pension and reinstate such officer in
the performance of the duties of his
Office.
Sec. g.. That the President shall
have power to fill all vacancies which
may happen during the recess of the
Senate, by reason of death or resigna-
ton, by granting commissions which
shall expire at the end of their next
session thereafter; and, if no appoint
ment by and with the advice and con-
sent of the Senate shall be made to
such Office so vacant or temporarily
filed as aforesaid, during such next
h session of the Senate, such Office shall
remain in allegiance without any sala-
ry, fee, or emoluments attached until
the same shall be filled by appoint
ment thereto, by and with the advice
and consent of the Senate, and during
such time all the powers and duties
belonging to such Office shall be exer-
cised by such other officer as may law
fully exercise such duties and powers
in. case of. a vacancy in such office.
i = Sec, 4: That nothing in this act con-
tanned shall be construed to extend
( the term of any Office, the duration of
which is limited by law. "a
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