PROTEST IN THE SENATE, AT ITS OPENING, JULY 3, 1867.

July 3d, according to the provision in the resolution of

adjournment at the last session, Congress met at noon this day.

The Chief Clerk read the resolution.[228] Mr. Sumner then said

that he rose to a question of order on the resolution.

The resolution under which Congress is to-day assembled, so far as it

undertakes to direct the adjournment of the two Houses of Congress

without day, in the absence of a quorum of the two Houses, is

unconstitutional and inoperative, inasmuch as the Constitution, after

declaring that “a majority of each House shall constitute a quorum to

do business,” proceeds to provide that “a smaller number may adjourn

from day to day, and may be authorized to compel the attendance of

absent members”; and therefore such resolution must not be regarded

by the Chair, so far as it undertakes to provide for an adjournment

without day.

As, according to the view, there is a quorum already present, the

incident contemplated by the resolution will not arise; but I felt it

my duty, by way of precaution and _caveat_, to introduce this protest,

to the end that the resolution may not hereafter be drawn into a

precedent so as to abridge the rights of the two Houses of Congress

under the Constitution of the United States.

Mr. Trumbull, of Illinois, differed from Mr. Sumner, and

entered his “protest against any such construction of the

Constitution as denies to the two Houses of Congress the right

to regulate their own adjournments.” After quoting the text of

the Constitution, that “a majority of each shall constitute a

quorum to do business, but a smaller number may adjourn from

day to day and may be authorized to compel the attendance of

absent members,” Mr. Sumner said:--

Here is a concurrent resolution providing for a future meeting of

Congress. To that extent it is unquestionably constitutional; but

when the resolution imposes shackles upon the two Houses of Congress

assembled by virtue of that resolution, then, I submit, it does

what, under the National Constitution, it cannot do,--its words are

powerless. Congress, when once assembled by virtue of that resolution,

has all the powers of a Congress of the United States under the

Constitution. That resolution cannot restrain it. Such, at any rate,

is my conclusion, after the best reflection that I have been able to

give to these words of the Constitution; and I feel it my duty to make

this protest, to the end that what we now do may not be drawn into an

example hereafter. It is well known that those words were introduced in

order to tie the hands of Congress, should it come together and there

be no quorum present,--in short, to despoil the Congress then assembled

of the prerogative secured to it by the National Constitution. To that

extent I suggest that the resolution hereafter shall be regarded as of

no value, and not be quoted as a precedent.

After reply from Mr. Trumbull, the subject was dropped.

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