Mr. JOHNSON. When the amendment now before the Senate was offered, I suggested to the Senate and to the mover of the amendment that it was perhaps doubtful whether we had the power to pass a law of that kind. The Government have acted under the belief founded upon the advice that they have received from the law officer of the Government, on several occasions, that a commission issued by the President duringha recess of the Senate, when he has clearly tcauthority to appoint, continues to the end of the next suceeeing session of Congress or of the Senate, whether or not the nomination of the particular officer has in the mean time been by the Senate rejected, they being of Opinion and I certainly am not prepare to say that they are wrong that the power conferred upon the President is apower which Copgress cannot directly take away. However it might be if the provision was a prospective one, yet if the true meaning of those commissions is, that they continue until the end of the succeeding session, the party who may be in office under the commission is the adoption Of this amendment, if that is the condition of the officer, if he has the right to his salary which the appointment gives him, will be virtually, to repudiate an obligation which the Government has contracted. from the reading of the amendment at the desk, I suppose it goes to that extent. I submit, therefore. to the honorable member from missouriwhether he had not better modif it, if it is to pass at all, so as to clear it of:1stitutional condifficult, and above all to clear it from aresult which would seem to me to be apparent, that the senate are sanctioning a repudiation of obligations properly contracted by the Government throng the President. The honorable member so gests to me that I have not properly apprelienved the extent of his amendment. Vhat I have said was said on what I supposed it to be as it was read from the desk. I have the amendment now in my hand, and I will read it for the purpose of ascertainingwhether I have properly apprehended it. It is: See. Abife: That in all cases in which personshave beenappointed, citherduring the recessor during the sessionof the Senate. itsas sistant postmaster: or other civil officersunder the Government. whose appointmentsrequire the opa sent of the Senate, an whose amiointinents having beensubmitted to the Senate have beenrciected or not consentedto before the inbournment thereof. no moncyshall bedrawnfrom the Treasury or usedlrom any fund or appropriation madeorcreated by law. to pay the salariesof such personsunder such unpaintments, or under any proVious apppiiitment to the sameoflicc.for servicesrendered alter said adjourn ment and if any such person shall, after such adjournment. be appointedtothe same office, no money shall bedrawn or usedas aforesaid to pay his salary, until his appointment shall have been consentedto vby the Senateat its succeedingsession. The latter part of the amendment was not i in the section as originally proposed. I think entitled to be paid; and the fact, therefore, of that has been added at the suggestion of my friendfrom Illinois, the chairman of the ComJudiciary.