Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 158.
(No Report .)
IN THE HOUSE OF REPRESENTATIVES.
February 3, 1848.
Read a first and second time, and made the special order for Thursday next.
Mr. McKay, from the Committee of Ways and Means, reported the following bill:
A BILL
Regulating the appointment of clerks in the Executive Departments, and for other purposes.

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12 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America^,^ in Congress
assembled^;^ That hereafter no person shall be appointed a
clerk in any of the departments, bureaus, or offices, until
he shall have been examined by a board of competent per-
sons, and found duly qualified, and all such appointments
shall, in the first place, be limited to one year, during
which time the individual appointed shall be on probation;
and, at the expiration thereof, his appointment may be con-
firmed, or a new one given him, on the certificate of the
head of the bureau or office in which he shall have been
employed, that he possesses good natural abilities, that his

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8 conduct and dilligence, during that time, have been uni-
formly satisfactory, and that he is in all respects compe-
tent to perform the duties which may be required of him.
Said board of examination shall consist of not less than
three persons, one of whom may be the chief clerk of the
department in which the appointments or appointment^s^ is,
or are, to be made; and the others, heads of bureaus or
office^r^s of the same department, to be designated by the
head thereof, as occasion may require^.^ [~~...~~?] In case of a
vacancy^,^ in anywise caused or occurring, if of a salary ^2^d page^ of
a higher grade, the clerk next in standing in the same office,
who possesses the requisite qualifications to fill the same,
shall be promoted thereto; but in all cases the clerkships
in all the departments, offices and bureaus, shall be so as-
signed, that the clerks performing the more arduous, diffi-
cult and responsible duties, shall receive the higher grades
of salary.
Sec. 2. And be it further enacted, That whenever
there shall be an overplus ^ over amount^ of business in any office or bu-
reau^,^ which the clerks thereof shall not be able to perform
with proper despatch, it shall be the duty of the head of
the department in which the same may be^,^ to transfer such
number of clerks from other branches of the department,
to aid therein, as can be spared for that purpose, without
injury to the public service. And whenever it may be ^necessary and^ ex

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14 pedient to do so, the President of the United States is au-
thorized to direct the transfer of a clerk or clerks from
any one department to another department; and whenever
there shall be a greater number of clerks in any office or
bureau than is requisite, with due diligence, within the pre-
scribed office hours, to execute the business thereof, it shall
be the duty of the head of the department promptly to
discharge all such ^clerks^ as are not actually necessary for that
purpose; and the heads of bureaus or offices shall report
quarterly to the head of the department whether any such
excess exists, and^,^ if any, to what extent.
Sec. 3. And be it further enacted, That it shall be
the duty of the heads of the several departments, with the
approbation of the President of the United States, to pre-
scribe such regulations and hours for business, not less
than seven daily, as may be necessary for the prompt and
faithful execution of the ^public^ business of the department; and
any clerk absent from his duties during the prescribed
hours, except by permission or in consequence of sickness,
shall have deducted and withheld from his pay, monthly,
such sum as will be in proportion to the length of such
absence or absences, during the month; for which purpose,
a daily register will be kept in each office or bureau of the
time of arrival, and the absence, and of the cause there-
of, of each clerk.

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15 Sec. 4. And be it further enacted, That it shall be
the duty of the Secretaries of State, Treasury, War, Navy,
and Postmaster General, Secretary of the Senate, and
Clerk ôf the House of Representatives^ to state^,^ in the report which they are severally requi-
red to make to Congress, by the first section of the act of
the twenty-sixth of August, eighteen hundred and forty-
two, whether any of the public business is in arrear in their
respective departments or bureaus ôffices^, and the causes thereof,
and the name or names of the clerk or clerks to whom
had been assigned the business then in arrear.
Sec. 5. And be it further enacted, That the President
shall appoint a board or boards as provided in the first sec-
tion of this act, whose duty it shall be to make a thorough
personal examination of the capacity, qualifications, and
business habits, of each of the clerks in the several depart-
ments and bureaus at the time of such appointment êxamination^, and
report thereon in writing; such clerks as they report incom-
petent to perform their duties, or inattentive, or in any man-
ner disqualified by their habits or otherwise, shall be dis-
charged from office. That upon such examination and re-
port, the head of the department, having the power of
appointment, shall distribute the clerkships according to
qualifications and merit as shown in such report; it being
the intention of this section, that the most meritorious and
competent clerks shall receive the highest salaries.

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5 Sec. 6. And be it further enacted, That after the ex-
amination and distribution of clerkships, contemplated in
the last preceding section, no clerk shall be removed from
office but for causes stated in writing, and signed by the
officer directing such removal.

H. R. No. 158.—2

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[ docketing ]
H R Nô 158
Regulating the appointment of Clerks in the Executive Departments & for other purposes.

[ docketing ]
#

[ docketing ]
HR Pass^d May 31^st 48

[ docketing ]
Question on Engrossment

[ docketing ]
Special order of the day for Thursday February 10^th

[ docketing ]
Feb. 10. 1848.
Postponed until Thursday, the 17th

[ docketing ]
Sp[?]

[ docketing ]
[Report?] [?]
[?] Feb [?]
[Thursday left?]
[?]
[?] [10^th?]

[ docketing ]
HR passed.

1 2 3 4 5 6 7 8 9 10 11 12	Be it enacted by the Senate and House of Repre- sentatives of the United States of America^,^ in Congress assembled^;^ That hereafter no person shall be appointed a clerk in any of the departments, bureaus, or offices, until he shall have been examined by a board of competent per- sons, and found duly qualified, and all such appointments shall, in the first place, be limited to one year, during which time the individual appointed shall be on probation; and, at the expiration thereof, his appointment may be con- firmed, or a new one given him, on the certificate of the head of the bureau or office in which he shall have been employed, that he possesses good natural abilities, that his
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13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8	conduct and dilligence, during that time, have been uni- formly satisfactory, and that he is in all respects compe- tent to perform the duties which may be required of him. Said board of examination shall consist of not less than three persons, one of whom may be the chief clerk of the department in which the appointments or appointment^s^ is, or are, to be made; and the others, heads of bureaus or office^r^s of the same department, to be designated by the head thereof, as occasion may require^.^ [~~...~~?] In case of a vacancy^,^ in anywise caused or occurring, if of a salary ^2^d page^ of a higher grade, the clerk next in standing in the same office, who possesses the requisite qualifications to fill the same, shall be promoted thereto; but in all cases the clerkships in all the departments, offices and bureaus, shall be so as- signed, that the clerks performing the more arduous, diffi- cult and responsible duties, shall receive the higher grades of salary. Sec. 2. And be it further enacted, That whenever there shall be an overplus ^ over amount^ of business in any office or bu- reau^,^ which the clerks thereof shall not be able to perform with proper despatch, it shall be the duty of the head of the department in which the same may be^,^ to transfer such number of clerks from other branches of the department, to aid therein, as can be spared for that purpose, without injury to the public service. And whenever it may be ^necessary and^ ex
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9 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14	pedient to do so, the President of the United States is au- thorized to direct the transfer of a clerk or clerks from any one department to another department; and whenever there shall be a greater number of clerks in any office or bureau than is requisite, with due diligence, within the pre- scribed office hours, to execute the business thereof, it shall be the duty of the head of the department promptly to discharge all such ^clerks^ as are not actually necessary for that purpose; and the heads of bureaus or offices shall report quarterly to the head of the department whether any such excess exists, and^,^ if any, to what extent. Sec. 3. And be it further enacted, That it shall be the duty of the heads of the several departments, with the approbation of the President of the United States, to pre- scribe such regulations and hours for business, not less than seven daily, as may be necessary for the prompt and faithful execution of the ^public^ business of the department; and any clerk absent from his duties during the prescribed hours, except by permission or in consequence of sickness, shall have deducted and withheld from his pay, monthly, such sum as will be in proportion to the length of such absence or absences, during the month; for which purpose, a daily register will be kept in each office or bureau of the time of arrival, and the absence, and of the cause there- of, of each clerk.
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1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15	Sec. 4. And be it further enacted, That it shall be the duty of the Secretaries of State, Treasury, War, Navy, and Postmaster General, Secretary of the Senate, and Clerk ^of the House of Representatives^ to state^,^ in the report which they are severally requi- red to make to Congress, by the first section of the act of the twenty-sixth of August, eighteen hundred and forty- two, whether any of the public business is in arrear in their respective departments or bureaus ^offices^, and the causes thereof, and the name or names of the clerk or clerks to whom had been assigned the business then in arrear. Sec. 5. And be it further enacted, That the President shall appoint a board or boards as provided in the first sec- tion of this act, whose duty it shall be to make a thorough personal examination of the capacity, qualifications, and business habits, of each of the clerks in the several depart- ments and bureaus at the time of such appointment ^examination^, and report thereon in writing; such clerks as they report incom- petent to perform their duties, or inattentive, or in any man- ner disqualified by their habits or otherwise, shall be dis- charged from office. That upon such examination and re- port, the head of the department, having the power of appointment, shall distribute the clerkships according to qualifications and merit as shown in such report; it being the intention of this section, that the most meritorious and competent clerks shall receive the highest salaries.
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1 2 3 4 5	Sec. 6. And be it further enacted, That after the ex- amination and distribution of clerkships, contemplated in the last preceding section, no clerk shall be removed from office but for causes stated in writing, and signed by the officer directing such removal.