Charles Sumner, his complete works, volume 15 (of 20)

Volume 15 — PRECAUTION AGAINST THE PRESIDENT.

Reading edition

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.

Illustration from Charles Sumner: his complete works, volume 15 (of 20)

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.