Year: 1867




ted States, with his Objections,t and sent by the
House of Representatives to the Senate, with the
message of the President returning fhe bill:


Resolved That the bill do pass, two-thrds of
the Senate agreeing to pass the same.


Attest: j. w. FORNEY,


Secretary of the Senate


lPUBLIc-No. 69.1


AN ACT regulating the tenure of certain civil of


fees.


Be it enacted By the Senate and House of Repre-
sentatiyes Of the United States Of Anaerica in Con-
gress assembled That every person 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 appoint
ed to any such Office and shall become duly quail
flied 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, ex-
cept herein otherwise provided: PrOvided,
That the Secretaries OF State, of the Treasuary,
of War; of the Navy, and of the Interior the Post
master General, and the Attorney General shall
term of the President by whom they may have
been appointed and for one month thereafter,
subject to removal by and with the advice and
consent of the Senate.


SEC. 2. And be 1t further enacted, That when
any officer appointed aforesaid, excepting
judges of the United States courts, shall, during
recess of the Senate, be shown by evidence sat-
sfactory to the President, to be guilty of mis-:





become incapable or legally disqualified to per-
form its duties 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 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 given by the person duly ap-
pointed 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
has tNt tlnG ,,,al,c
sion. with the evidence and reasons for his 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 such suspension and
advise ana consent to the removal of such officer
they shall so certify to the President who may
thereupOn remove such officer 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 suspension, such
officer so suspended shall forthwith resume the
functions OF his Office and the powers of the per-
son so performing the duties in his stead shall
cease, and the official salary and emoluments of
such officer shall, during such suspension, be-
long to the person so performing the duties
thereof, and not to the officer supended Pro-
Vided hoUe,er, 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, to revoke such sus-
pension and renState such officer in the perform
ance of the duties OF his Office.


Sec 3. Ard be it further enacted, That the
President shall have power to fill all vacancies
which may happen during the recess of the Sen
ate, by reason of death or resignation by grant
ing commissions which shall expire at the end of
their next session thereafter. And if no appoint
ment, by and with the advice and 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
allegiance, without any salary, fees, emOlu-
mcnts attached thereto, until the same shall be
filled by appointment thereto, by and with the
Senate. o.
such time all the powers and duties belonging to
such office shall be exercised by such other Off
Ger as may by law exercise such powers and du-
ties in case of vacancy in such Office.


Sec. 4. and be 1t 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.


SEC. 5. And be it further enacted, That if any
person shall, contrary to the provisions of this
act, accept any appointment or to employment
IN any Office, or shall hold or exercise or attempt
ment, he shall be deemed and is hereby declared
TO be guilty of high misdemeanor and upon
trlai and conviction, thereof, he shall be punish
ed therefor by fine not exceeding ten thousand
dollars, or by imprisonment not exceeding five
years, or both said punishments, in the discre-
tion of the court.


SEC. g. Amd be it further enacted, That every
removal, appointment employment, made,
had, or exercised, the, contrary to the provisions
OF this act, and the making, signing, sealing,
countersgning, or issuing of any commission or
letter of authority for or in respect to any such
appointment or employment, shall be deemed,
and are hereby declared to be high misdeanors,
and, upon trial and conviction thereof every per-
son guilty thereof shall be punished by fine not
exceeding ten thousand dollars or by imprison-
ment not exceeding five years, or both said pun
ishments in the discretion of the court: Provided
That the President shall have power to make out
and deliver, after the adjournment of the Senate,
commissions for all officers whose appointment
shall have been advised and consented to by the
Senate.


Sec. z. And be 1t further enacted, That it shall
be the duty or the Secretary of the Senate, at
the close of each session thereof to deliver to the
sistants, and to each Of the Auditors and to each
of the COmptrHllers in the Treasury, and to the
Treasurer, and to the Register of the Treasury
full and complete list, duly certified, of all the
persons who shall have been nominated to and
rejected by the Senate during such session, and a
like list of all the offices to which nominations
shall have been made and not confirmed and fill
ed at such session.


SEC. 8. and be it further enacted, That when
ever the President shall, without the advice and
consent of the Senate, designate, authorize, or
employ any perform the duties of any office, he
shall forthwith notify the Secretary of thereof;
and it shall be the duty of the Secretary of the
Treasury thereuI on to communicate such notice
to all the proper accounting and disbursing Off
GERS of his department.


Sec. 9. And be it further enacted That no
ury or paid or received from retained out of
any public moneys or funds of the United States,
whether in the treasury or not, to by or for
the benefit OF any person appointed to or author
lied to act in or holding exercising the duties
or functions of any office contrary to the provis-
ions of this act nor shall claim, account, vouch-
er, order, certificate warrant, or other instru-