Chapter CLIV. *regulating the Tenure of certain Civil Offices.* March 2, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Persons holding or appointed to any civil office, to hold the same until, &c
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CHAP. CLIV.— An Act *regulating the Tenure of certain Civil Offices.* March 2, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Persons holding or appointed to any civil office, to hold the same until, &c. 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 appointed to any such office, and shall become duly 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 qualified, except as herein otherwise provided:
The Secretaries of the several departments to hold office for, &c. Subject to removal.*Provided,* That the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster-General, and the Attorney-General, shall hold their offices respectively for and during the terra 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. When civil officers, except, &c. shall become disqualified, &c. the President may suspend them and appoint persons temporarily to such offices. *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 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 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 Such persons to take the oaths and give the bonds.The President to report such suspensions and appointments to the Senate.If Senate concurs, the President may remove the officer and appoint successor.If Senate does not concur, the suspended officer resumes his office.Provision as to salary, &c. during the suspension.proviso.Suspension may be revoked and officer reinstated, if, &c.Vacancies happening dur-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 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 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 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 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 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 reporting such suspension to the Senate as above provided, to revoke such suspension and reinstate such officer in the performance of the duties of his office.
Sec. 3. *And be it further enacted, *That the President shall have power to fill all vacancies which may happen during the recess of the Senate, by THIRTY-NINTH CONGRESS. Sess. II. Ch. 154. 1867. 431 reason of death or resignation, by granting commissions which shall expireing the recess of the Senate, how to be filled.When office to remain in abeyance. at 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 aforesaid during such next session of the Senate, such office shall remain in abeyance, without any salary, fees, or emoluments attached thereto, until the same shall be filled by appointment thereto, by and with the advice and consent of the Senate; andPowers of office during such period, to be exercised by whom. during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office.
Sec. 4. *And be it further enacted, *That nothing in this act containedNo term of office extended by this act. 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 toPenalty for accepting or exercising office contrary to this act. the provisions of this act, accept any appointment to or employment in any office, or shall hold or exercise or attempt to hold or exercise, any such office or employment, he shall be deemed, and is hereby declared to be, guilty of a high misdemeanor, 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, or both said punishments, in the discretion of the court.
Sec. 6. *And be it further enacted, *That every removal, appointment, orThe removal, or employment, or appointment, or issuing, &c. of a commission, &c. of any person contrary to this act, made a high misdemeanor, and penalty therefor.Proviso. employment, made, had, or exercised, contrary to the provisions of this act, and the making, signing, sealing, countersigning, 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 misdemeanors, and, upon trial and conviction thereof, every person guilty thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, 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. 7. *And be it further enacted, *That it shall be the duty of the SecretarySecretary of Senate at the end of each session to furnish lists of nominations and rejections, &c. of the Senate, at the close of each session thereof, to deliver to the Secretary of the Treasury, and to each of his assistants, and to each of the auditors, and to each of the comptrollers in the treasury, and to the treasurer, and to the register of the treasury, a 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 filled at such session.
Sec. 8. *And be it further enacted, *That whenever the President shall,The President to notify the Secretary of the Treasury when he has made an appointment to office without the consent of the Senate.Duty of the Secretary in such case.Money not to be paid to, or received by, any person contrary to this act.No claim, account, &c. for such payment, to be approved, &c. without the advice and consent of the Senate, designate, authorize, or employ any person to perform the duties of any office, he shall forthwith notify the Secretary of the Treasury thereof; and it shall be the duty of the Secretary of the Treasury thereupon to communicate such notice to all the proper accounting and disbursing officers of his department.
Sec. 9. *And be it further enacted, *That no money shall be paid or received from the treasury, or paid or received from or retained out of any public moneys or funds of the United States, whether in the treasury or not, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercising the duties or functions of any office contrary to the provisions of this act; nor shall any claim, account, voucher, order, certificate, warrant, or other instrument providing for or relating to such payment, receipt, or retention, be presented, passed, allowed, approved, certified, or paid by any officer of the United States, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or 432 THIRTY-NINTH CONGRESS.
Sess. II. Ch. 154, 155. 1867. Violations of this section declared high misdemeanors, and penalty therefor.the exercising or performing the functions or duties thereof; and every person who shall violate any of the provisions of this section shall be deemed guilty of a high misdemeanor, and, upon trial and conviction thereof, shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both said punishments, in the discretion of the court.
SCHUYLER COLFAX, *Speaker of the House of Representatives.* LA FAYETTE S. FOSTER, *President of the Senate, pro tempore.* In the Senate of the United States, March 2, 1867. } The President of the United States having returned to the Senate, in which it originated, the bill entitled “An act regulating the tenure of certain civil offices,” with his objections thereto, the Senate proceeded, in pursuance of the Constitution, to reconsider the same; and *Resolved, * That the said bill do pass, two thirds of the Senate agreeing to pass the same.
Attest: J. W. FORNEY, *Secretary of the Senate.* In the House of Representatives U. S. March 2, 1867. } The House of Representatives having proceeded, in pursuance of the Constitution, to reconsider the bill entitled “An act regulating the tenure of certain civil offices,” returned to the Senate by the President of the United States, with his objections, and sent by the Senate to the House of Representatives, with the message of the President returning the bill: *Resolved, * That the bill do pass, two thirds of the House of Representatives agreeing to pass the same.
Attest: EDWD. McPHERSON, *Clerk.*