Title 19. Form of oath of office. Oath for certain persons. Who may administer oath. Custody of oath. ments. SEC. 1756. Every person elected or appointed to any office of honor or profit, either in the civil, military, or naval service, excepting the President and the persons embraced by the section following, shall, before entering upon the duties of such office, and before being entitled to any part of the salary or other emoluments thereof, take and subscribe the following oath: "I, A B, do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought, nor accepted, nor attempted to exercise the functions of any office whatever, under any authority, or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And I do furthur swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God." 2 July, 1862, chap. 128, v. 12, p. 502. NOTE.-See Op. 13, p. 390, as to whom this oath is applicable. SEC. 1757. Whenever any person who is not rendered ineligible to office by the provisions of the fourteenth amendment to the Constitution is elected or appointed to any office of honor or trust under the Government of the United States, and is not able, on account of his participation in the late rebellion, to take the oath prescribed in the preceding section, he shall, before entering upon the duties of his office, take and subscribe in lieu of that oath the following oath: "I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." 11 July, 1868, chap. 139, v. 15, p. 85. 15 Feb., 1871, chap 53, v. 16, p. 412. SEC. 1758. The oath of office required by either of the two preceding sections may be taken before any officer who is authorized either by the laws of the United States, or by the local municipel law, to administer oaths, in the State, Territory, or District where such oath may be administered. 6 Aug., 1861, s. 2, v. 12, p. 326. 18 April 1876, ch. 66, v. 19, p. 34, as to administrating oaths in the Senate. SEC. 1759. The oath of office taken by any person pursuant to the requirements of section seventeen hundred and fifty-six, or of section seventeen hundred and fifty-seven, shall be delivered in by him to be preserved among the files of the House of Congress, Department, or court to which the office in respect to which the oath is made may appertain. 2 July, 1862, chap. 128, v. 12, p. 502. Taking oaths SEC. 1778. In all cases in which, under the laws of the United States, or acknowledg oaths or acknowledgments may now be taken or made before any justice of the peace of any State or Territory, or in the District of Columbia, they may hereafter be also taken or made by or before any notary public duly appointed in any State, District, or Territory, or any of the commissioners of the circuit courts, and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. 16 Sept., 1850, v. 9, p. 458. 29 July, 1854, s. 1, v. 10, p. 315. Title 4. Departmental SEC. 161. The head of each Department is authorized to prescribe regulations, not inconsistent with law, for the government of his Department, the conduct of its officers and clerks, the distribution and regulations. performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. SEC. 4. That hereafter it shall be the duty of the heads of the several 3 March, 1883. Executive Departments, in the interest of the public service, to require Hours of labor of all clerks and other employés, of whatever grade or class, in their of employés in respective Departments not less than seven hours of labor each day, ex- the Executive cept Sundays and days declared public holidays by law, or executive Departments. order: Provided, That the heads of the Departments may by special order, stating the reason, further extend or limit the hours of service of any clerk or employé in their Departments respectively, but in case of an extension it shall be without additional compensation, and all absence from the Departments on the part of said clerks or other employés, in excess of such leave of absence as may be granted by the heads thereof, which shall not exceed thirty days in any one year, except in case of sickness, shall be without pay. SEC. 5. That all acts or parts of acts inconsistent or in conflict with the provisions of this act are hereby repealed. March 3, 1883, chap. 128, P. E. L., p. 563. The following days, to wit: The first day of January, commonly June 28, 1870. called New Year's day, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, commonly called Christ- District of CoHolidays in the mas day, and any day appointed or recommended by the President of lumbia. the United States as a day of public fast or thanksgiving, shall be holidays within the District of Columbia, and shall, for all purposes of presenting for payment or acceptance for the maturity and protest, and giving notice of the dishonor of bills of exchange, bank checks, and promissory notes or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday, and all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on either of said holidays shall be deemed as having matured on the day previous. 28 June, 1870, v. 16, p. 168. 31 Jan., 1879, v. 20, p. 277. NOTE.-A joint resolution, approved April 16, 1880, v. 21, p. 304, allows pay to the employés in the Government Printing Office on these holidays. SEC. 173. Each chief clerk in the several Departments, and Bureaus, and other offices connected with the Departments, shall supervise, under the direction of his immediate superior, the duties of the other clerks therein, and see that they are faithfully performed. 26 Aug., 1842, s. 13, p. 525. Title 4. Chief clerks to supervise subordinate clerks. Chief clerks to SEC. 174. Each chief clerk shall take care, from time to time, that the duties of the other clerks are distributed with equality and uni- distribute duties, formity, according to the nature of the case. He shall revise such dis- &c. tribution from time to time, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business. And he shall report monthly to his superior officer any existing defect that he may be aware of in the arrangement or dispatch of business. Idem. Duty of chief SEC. 175. Each head of a Department, chief of a Bureau, or other superior officer, shall, upon receiving each monthly report of his chief on receipt of reclerk, rendered pursuant to the preceding section, examine the facts port. 11181-10 Disbursing clerks. Report of clerks employed. Time of sub stated therein, and take such measures, in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business disclosed by such report. Idem. SEC. 176. The disbursing clerks authorized by law in the several Departments shall be appointed by the heads of the respective Departments, from clerks of the fourth class; and shall each give a bond to the United States for the faithful discharge of the duties of his office according to law in such amount as shall be directed by the Secretary of the Treasury, and with sureties to the satisfaction of the Solicitor of the Treasury; and shall from time to time renew, strengthen, and increase his official bond, as the Secretary of the Treasury may direct. Each disbursing clerk, except the disbursing clerk of the Treasury Department, must, when directed so to do by the head of the Department, superintend the building occupied by his Department.* Each disbursing clerk is entitled to receive, in compensation for his services in disbursing, such sum in addition to his salary as a clerk of the fourth class as shall make his whole annual compensation two thousand dollars a year. 3 March, 1853, s. 3, v. 10, p. 209-211. 3 March, 1873, s. 1, v. 17, p. 485. 3 March, 1855, s. 4, v. 10, p. 669. SEC. 194. The head of each Department shall make an annual report to Congress of the names of the clerks and other persons that have been employed in his Department and the offices thereof; stating the time that each clerk or other person was actually employed, and the sums paid to each; also, whether they have been usefully employed; whether the services of any of them can be dispensed with without detriment to the public service, and whether the removal of any individuals, and the appointment of others in their stead, is required for the better dispatch of business. 26 Aug., 1842, s. 11, v. 5, p. 525. SEC. 195. Except where a different time is expressly prescribed by mitting annual law, the various annual reports required to be submitted to Congress by reports. the heads of Departments shall be made at the commencement of each regular session and shall embrace the transactions of the preceding year. [Various acts of Congress.] Biennial lists of SEC. 198. The head of each Department shall, as soon as practicable employés to be after the first day in July in each year in which a new Congress filed in Interior is to assemble, cause to be filed in the Department of the Interior a full Department. and complete list of all officers, agents, clerks, and employés employed Sec. in his Department, or in any of the offices or Bureaus connected therewith. He shall include in such list all the statistics peculiar to his Department required to enable the Secretary of the Interior to prepare the Biennial Register. [See PUBLIC DOCUMENTS.] 27 April, 1816, s. 1, v. 3, p. 342. 3 March, 1851, s. 1, v. 9, p. 600. 14 July, 1832, v. 4, p. 608. 15 Dec., 1877, s. 2, v. 20, p. 13. 16 June, 1880, v. 21, p. 259. TEMPORARY VACANCIES. 177. Vacancies, how temporarily filled. Title 4. Vacancies, how Sec. 180. Temporary appointments limited to ten days. 181. Restriction on temporary appointments. 182. Extra compensation disallowed. SEC. 177. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof shall, unless temporarily otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. filled. Vacancies in 23 July, 1868, s. 1, v. 15, p. 168. NOTE.-Under sections 177 to 180, a vacancy occasioned by the death or resig. nation of the head of a Department, or of a chief of a Bureau therein, can be filled by appointment ad interim for a period of ten days only. The power is then exhausted.-Op. XVI, 596, Devens, Dec. 31, 1880. The ten days is to be computed from the date of the President's action.-Ibid, 457. SEC. 178. In case of the death, resignation, absence, or sickness of the subordinate of chief of any Bureau, or of any officer thereof, whose appointment is not vested in the head of the Department, the assistant or deputy of such fices. *See act March 3, 1883, providing for a Superintendent of State, War, and Navy Department building, under NAVY DEPARTMENT. chief or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. Idem, s. 2. President. SEC. 179. In any of the cases mentioned in the two preceding sections, Discretionary except the death, resignation, absence, or sickness, of the Attorney-Gen- authority of the eral, the President may, in his discretion, authorize and direct the head of any other Department or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease. 23 July, 1868, s. 3, v. 15, p. 168. 22 June, 1870, s. 2, v. 16, p. 162. SEC. 180. A vacancy occasioned by death or resignation must not be Temporary ap temporarily filled under the three preceding sections for a longer period pointments limthan ten days. ited to ten days. 23 July, 1868, s. 3, v. 15, p. 168. SEC. 181. No temporary appointment, designation, or assignment of Restriction on one officer to perform the duties of another, in the cases covered by sec- temporary aptions one hundred and seventy-seven and one hundred and seventy-pointments. eight, shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate. Idem, s. 2. SEC. 182. An officer performing the duties of another office, during a Extra compensa. vacancy, as authorized by sections one hundred and seventy-seven, one tion disallowed. hundred and seventy-eight, and one hundred and seventy-nine, is not by reason thereof entitled to any other compensation than that attached to his proper office. Sec. Idem, s. 3. NOTE. This provision (Section 182) was designed to be general, and applies as well to those vacancies which are supplied by operation of the statute as to those which are filled by designation of the President.-Op. XIII, 7, March 26, 1862, Hoar. TENURE OF OFFICE, &C. Seo. 1773. Commissions. 1774. Notification of appointments to Secretary of Treasury. 1775. Notification of nominations, rejections, &c., to Secretary of Treasury. 1786. Proceedings against persons illegally holding office. 1787. Penalty for illegally holding office. Title 19. Unauthorized SEC. 1760. No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as salary, in any office when the office is not authorized by some previously office, no salary existing law, unless such office is subsequently sanctioned by law. 9 Feb., 1863, s. 2, v. 12, p. 646. for. ees to fill vacan SEC. 1761. No money shall be paid from the Treasury, as salary, to No salaries to any person appointed during the recess of the Senate, to fill a vacancy certain appointin any existing office, if the vacancy existed while the Senate was in cies during recess session and was by law required to be filled by and with the advice and of Senate. consent of the Senate, until such appointee has been confirmed by the Senate. Idem. SEC. 1762. No money shall be paid or received from the Treasury, or Salaries to offipaid or received from or retained out of any public moneys or funds of cers, improperly holding over. 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 sections seventeen hundred and sixty-seven to seventeen hundred and seventy, inclu Tenure of office. sive; 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, 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 the exercising or performing the functions or duties thereof. Every person who violates any of the provisions of this section shall be deemed guilty of a high misdemeanor, and shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both. 2 March, 1867, s. 9, v. 14, p. 431. 20 June, 1875, v. 18, p. 109. SEC. 1767. Every person holding any civil office to which he has been or hereafter may be appointed by and with the advice and consent of the Senate, and who shall have become duly qualified to act therein, shall be entitled to hold such office during the term for which he was appointed, unless sooner removed by and with the advice and consent of the Senate, or by the appointment, with the like advice and consent, of a successor in his place, except as herein otherwise provided. 2 March, 1867, s. 1, v. 14. p. 430. 5 April, 1869, s. 1, v. 16, p. 6. Suspension and SEC. 1768. During any recess of the Senate the President is authorfilling vacancies ized, in his discretion, to suspend any civil officer appointed by and with the advice and consent of the Senate, except judges of the courts of the United States, until the end of the next session of the Senate, and to designate some suitable person, subject to be removed, in his discretion, by the designation of another, to perform the duties of such suspended officer in the mean time; and the person so designated shall take the oath and give the bond required by law to be taken and given by the suspended officer, and shall, during the time he performs the duties of such officer, be entitled to the salary and emoluments of the office, no part of which shall belong to the officer suspended. The President shall, within thirty days after the commencement of each session of the Senate, except for any office which in his opinion ought not to be filled, nominate persons to fill all vacancies in office which existed at the meeting of the Senate, whether temporarily filled or not, and also in the place of all officers suspended; and if the Senate during such session shall refuse to advise and consent to an appointment in the place of any suspended officer, then, and not otherwise, the President shall nominate another person as soon as practicable to the same session of the Senate for the office. 2 March, 1867, s. 2, v. 14, p. 430. 5 April, 1869, s. 2, v. 16, p. 7. NOTES.-Section 1768 recognizes the existence of a discretion in the President to not fill an office which has become vacant, where, in his judgment, it is unnecessary in order to execute the laws. The office is not thereby abolished, but is merely left unfilled.-Op. XVI, 266, Devens, Feb. 20, 1879. An officer suspended under section 1768, Revised Statutes, is not entitled to the salary of the office during the period of suspension, though no person be nominated for the place or appointed to discharge its duties.-C. C., XVII, 149. Suspension under this section takes effect on due notice thereof to the officer, unless the terms of the order fix a stated time after notice. Receipt of the or der is due notice.-Op. XV, 62, Pierrepont, Nov. 20, 1875. The acts of a suspended officer, performing the duties of the office (no other person having been authorized to perform them) are those of an officer de facto, and are valued so far as they concern the interests of the public.-Idem. When no nomination is made, or when one is made and not confirmed, the suspended officer becomes reinstated, but may again be suspended.-Op. XV, 376, Devens, Oct. 4, 1877; also, XIII, 301-308. Where an officer has been suspended during a recess of the Senate and another person designated to perform his duties, the President may, at any time, revoke the suspension, and thus reinstate the officer.-Op. XV, 380, Devens, Oct. 13, 1877. The President, in nominating a person to the place of a suspended officer, need not give any reasons for the suspension.-Op. XV, 376, Devens, Oct. 4, 1877. A suspended officer can under no circumstances be allowed the salary of the office for the period of his suspension.-Op. XIV, 247, Williams, March 31, 1873. The President may revoke the suspension of an officer and reinstate him in the functions of his office after the rejection by the Senate of a nomination to fill his place.-Op. XIII, 221, Hoar. April 2, 1870. The Tenure of Civil Office Act" impresses upon a class of civil officers a tenure at the will of the officeholder, which cannot be terminated except by the concurrence of the President and the Senate in the appointment of a successor and his actual induction in the office.-Op. XII, 307, Stanbery, Nov. 21, 1867. |