There being no objection, the Senate proceeded to consider the resolution. Mr. Sumner said:—
Before the vote is taken, allow me to make a statement. I understand that opinions have been given by one or more officers of the Government which go far to nullify a recent Act of Congress. In short, it seems as if we are to have Nullification here in Washington in the Executive branch of the Government. According to these opinions, the President, I understand, is to exercise a power of appointment during the recess of Congress, notwithstanding the recent Act which undertakes to regulate the tenure of office.
We all know the astuteness of lawyers. It is a proverb. And it is sometimes said that a lawyer may drive a coach-and-six through an Act of Parliament, or even an Act of Congress. The Administration is now about to drive its coach-and-six through our recent legislation. In other words, it is about to force upon the country officers who cannot be officers according to existing law. It seems to me, that, before we adjourn, we should know the precise state of this question. We should understand if any such opinion has been given, and the reasons for it. It is on this account that I have introduced the resolution now before the Senate.
The resolution was adopted.
FINISH OUR WORK BEFORE ADJOURNMENT.
Remarks in the Senate, on a Motion to adjourn without Day, April 11 and 12, 1867.
