Next, by the act
of the 8th of May, 1792, section 8, it is provided that in case of a
vacancy occasioned by death, absence from the seat of Government, or
sickness of the head of the War Department the President may authorize
a person to perform the duties of the office until a successor is
appointed or the disability removed. The act, it will be observed, does
not provide for the case of a vacancy caused by removal. Then, by the
first section of the act of February 13, 1795, it is provided that in
case of any vacancy the President may appoint a person to perform the
duties while the vacancy exists.
These acts are followed by that of the 20th of February, 1863, by the
first section of which provision is again made for a vacancy caused by
death, resignation, absence from the seat of Government, or sickness of
the head of any Executive Department of the Government, and upon the
occurrence of such a vacancy power is given to the President--
to authorize the head of any other Executive Department, or other
officer in either of said Departments whose appointment is vested in
the President, at his discretion, to perform the duties of the said
respective offices until a successor be appointed or until such absence
or inability by sickness shall cease: _Provided_, That no one vacancy
shall be supplied in manner aforesaid for a longer term than six months.
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