REMARKS IN THE SENATE, ON A RESOLUTION ASKING FOR COPIES OF OPINIONS
WITH REGARD TO THE TENURE-OF-OFFICE LAW AND APPOINTMENTS DURING THE
RECESS OF CONGRESS, APRIL 11, 1867.
Mr. Sumner moved the following resolution, and asked its
immediate consideration:--
“_Resolved_, That the President of the United States be
requested to furnish to the Senate, if in his opinion
not incompatible with the public interests, copies of
any official opinions which may have been given by the
Attorney-General, the Solicitor of the Treasury, or by any
other officer of the Government, on the interpretation of
the Act of Congress regulating the tenure of offices, and
especially with regard to appointments by the President
during the recess of Congress.”
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.