CONGRESS, U. S. 



233 



On the 2d of August, the debate on the reso- 

 lution was resumed in the Senate. The motion 

 was made by Mr. Wilson of Massachusetts to 

 postpone the unfinished business and take up 

 this joint resolution. 



Mr. Trumbull, of Illinois, objected, saying: "I 

 hope not. I hope we shall go on with the un- 

 finished business of yesterday. That is germane 

 to this same question. Let us get through with 

 the bill which is the unfinished business, and 

 then we shall be prepared to vote on that joint 

 resolution. I would like to have the bill fin- 

 ished, and get rid of it. I hope the Senator 

 from Massachusetts will not insist on taking up 

 the joint resolution. The debate will go on 

 upon that, and we shall gain nothing by it." 



The question was put, arid it appeared there 

 was no quorum voting. A quorum soon ap- 

 pearing, the yeas and cays were ordered on the 

 question of taking up the resolution. 



Mr. TrumbulL, of Illinois, then took the floor 

 in order to state briefly his objection. The 

 resolution was germane to the bill which was 

 the unfinished business. It proposed to declare 

 legal the acts which have been done by the 

 President in the recess of Congress. Would 

 our declaration make them legal if they were 

 not legal? Would it make them so if they 

 were unconstitutional and void? Now there 

 was a bill pending, proposing to confer certain 

 powers upon the executive authority, which 

 related to this subject. He was disposed to 

 give the necessary power to the Administration 

 to suppress this rebellion ; but he was not dis- 

 posed to say that the Administration had un- 

 limited power and could do what it pleases, 

 after Congress meets. He was willing to excuse 

 it for all it had done, and to sustain it in all it 

 had done ; but if you propose to pass a resolu- 

 tion approving the exercise of powers for which 

 you may be unable to find in strict law the 

 warrant, and then refuse to grant by law the 

 authority to do what is necessary to be done, it 

 seemed to him it would be a very strange pro- 

 ceeding. He thought they had better let this 

 resolution lie until they disposed of the bill, and 

 then he should be prepared to sanction what 

 the Administration had done and provide for 

 the future, so that the necessary power might 

 be in the President's hands. 



Mr. Morrill, of Maine, said : " I am inclined 

 to concur with the gentleman from Illinois, and 

 believe that we had better go on with the un- 

 finished business. It is agreed on all hands 

 that the bill which was under consideration 

 yesterday is an important bill ; that it is im- 

 portant to give efficiency to the measures of the 

 Administration, and for that reason, I think we 

 ought to attend to it now ; and I am in favor 

 of it, as against the resolution proposed to be 

 taken up by the motion of the Senator from 

 Massachusetts, upon the ground that I do not 

 consider that resolution important. I do not 

 agree with the Senator in attaching very much 

 importance to the resolution that was offered 

 in the early part of the session, to render legal 



and valid the doings of the President. I 

 believe they are valid. I believe what he 

 has ^one is constitutional, and can be demon- 

 strated to be so. It does not need to be rati- 

 fied. It does not need to be rendered valid by 

 a resolution of Congress. I know it has been 

 said from the first day of the session until now, 

 iterated and reiterated, that the President has 

 trampled upon the Constitution of his country; 

 that we had conceded as much, in that we had 

 offered a resolution here to render his acts legal 

 and valid." 



Mr. Polk of Missouri rose to ask the Senator 

 if, at an early day of the session, he did not 

 vote against the motion made by the Senator 

 from Kentucky to postpone the consideration 

 of this resolution for one day, which motion 

 was made for his convenience ? 



Mr. Morrill replied that he had no distinct 

 recollection upon the subject. Very likely he 

 did ; and if it were up now, he should vote in 

 favor of instant action upon it. He did not 

 perceive any inconsistency between his argu- 

 ment now and his vote then. 



Mr. Polk in answer said : " It seems to me a 

 marvellous change has come over the opinions 

 of some Senators in regard to this resolution. 

 It was about the first business that was called 

 up in order before the Senate at the present 

 session ; the question was on its passage ; and 

 it was upon the very point of being put upon 

 its passage, when I rose, stating that I had 

 some views that I desired to express, and that I 

 wished indulgence for one day. If my recollec- 

 tion does not fail me, the Senator from Ken- 

 tucky [Mr. Powell] then made a motion to post- 

 pone the resolution for one day ; but his motion 

 was voted down almost unanimously by the 

 Senate. I believe almost every gentleman on 

 the other side voted against the postponement, 

 as I supposed, acting contrary to what had al- 

 ways been the courtesies of the Senate under all 

 similar circumstances. 



"Now, when the Senator from Massachu- 

 setts moves to take up this resolution for the 

 purpose of having action upon it, it is to be post- 

 poned again. The Senator from Maine thinks it 

 does not deserve, does not need, does not require, 

 any action at all. At the beginning, it was so 

 important to be acted on at once, that it could 

 not be postponed for a single day to enable a 

 Senator to address the Senate properly upon 

 the subject ; but he was forced into the debate 

 precipitately." 



On a division the resolution was ordered to 

 be taken up. Ayes, 28; noes, 11. 



The question then being on its passage, Mr. 

 Doolittle, of Wisconsin, moved to refer it to the 

 Committee on the Judiciary, as it was too late 

 to move a reconsideration for the purpose of 

 amendment. 



Mr. Wilson, of Massachusetts, opposed the mo- 

 tion, saying : " I do not like to resist this motion, 

 but I must confess my surprise at it. Day after 

 day this question has been laid aside to accom- 

 modate Senators. It is a plain and simple prop- 



