PRECAUTION AGAINST THE PRESIDENT.

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 :

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EFORE 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.

ON the day after the adjournment of Congress the Senate was convened for the transaction of Executive business. Treaties and nominations were laid before it.

April 11th, on motion of Mr. Williams, of Oregon, the Senate considered a resolution for adjournment sine die "the 13th instant." Debate ensued. Mr. Reverdy Johnson, of Maryland, said: "We can fix the adjournment to-morrow or next day." Mr. Trumbull, of Illinois, said: "Let us fix it to-day." Mr. Sumner said:

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DO not think we can fix it to-day, and, further, I do not think we ought to fix it to-day. It seems to me the calendar should be cleared before we talk of going home.

A Senator exclaims, "Wait until we get through." So I say. Senators are perfectly aware, that, owing to an interpretation recently put by the Executive upon the Tenure-of-Office Bill, there is an increased necessity for our staying. We have passed a law. We should see to its enforcement. At any rate, we should manifest coöperation with the Executive, so that there shall be no excuse for setting it aside. I do not admit that he can in any way set it aside; but I wish to do everything that can be done to prevent him from un

dertaking to set it aside. We ought to stay until our work is fully done. There can be no excuse for going home while any part of the Executive business remains unfinished. Other Congresses have stayed here till midsummer, and even into the month of September. If the necessities of the country require it, I see no reason why we should not stay till then.

April 12th, the subject was resumed, when Mr. Sumner said :

I WILL say, that, just in proportion as we draw to the close of our business, we shall be better prepared to determine when we can adjourn finally. As we have not drawn to the close, I submit we are not in a condition to fix the day. That time may come; but I may remind the Senate that there is in Executive session unfinished business beyond what we had reason to expect. I say "reason to expect," because it is well known that there are many offices still unfilled; and it is our duty, before we leave, so far as it depends upon us, to see that they are filled.

We should stay, it seems to me, until the offices are filled, rejecting nominations that are bad and confirming the good, doing, in short, all we can, as a Senate, to secure good officers, and I insist, also, officers on the right side, who agree with Congress, and will sustain the policy which Congress has declared.

The resolution was amended so as to make the adjournment 16th April, and then adopted, - Yeas 26, Nays 11, Mr. Sumner voting in the negative. The time was afterwards extended, on motion of Mr. Sumner, to 20th April, when the Senate adjourned without day.

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MEDIATION BETWEEN CONTENDING PARTIES IN

MEXICO.

RESOLUTION IN THE SENATE, Proposing the GOOD OFFICES OF THE UNITED STATES, APRIL 20, 1867.

RESOLUTION proposing the good offices of the United States between the contending parties of Mexico.

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HEREAS the Republic of Mexico, though relieved from the presence of a foreign enemy by the final withdrawal of the French troops, continues to be convulsed by a bloody civil war, in which Mexicans are ranged on opposite sides;

And whereas the United States are bound by neighborhood and republican sympathies to do all in their power for the welfare of the Mexican people, and this obligation becomes more urgent from the present condition of affairs, where each party is embittered by protracted conflict: Therefore,

Be it resolved, That it is proper for the Government of the United States, acting in the interest of humanity and civilization, to tender its good offices by way of mediation between the contending parties of the Republic of Mexico, in order to avert a deplorable civil war, and to obtain the establishment of republican government on a foundation of peace and security.