Mr. TRUMBULL. I am not quite sure whether the present POTUS was in this bod at that time and Vfiird for the law. My rwo lection, however, is that he was, butI would not affirm that to be a fact without reference to the Journal; but whether that be so or not, that was the legislative construction of Congress on this power of the President, and the law received the approval of President Lincoln. But, sir, the amendment which I have proposed does not involve that question. According to my understanding, the President has no authority to fill a vacancy which exists in an Office, by himself, without the advice and consent of the Senate, unless that vacancy occurs while the Senate is not in session; and one object of this amendment is to prevent appointments of. that characte. I deny that if a vacancy exists in an offi e while the Senate is here, the President has any power to fill up that vacancy without the advice and consent of the Senate. It takes the President and the Senate both to make an officer; but he may make a new appointment in case that officer dies during the recess of the Senate, or resigns his office, or in case the term for which he was appointed expires during the recess of the Senate so that a vacancy occurs, though I am not quite sure that he would have authority to appointin the case of an expiration of the term, because that may not be the happening of a vacancy, inasmuch as the term expires at a fixed period, there is no uncertainty about it, and it is competent for the President to anticipate that period by sendin the nomination of an officer to the Senate while it is in session for its confirmation. I am by no means clear that he has authority to appoint in that case, for then it becomes an appointment to an original officewhen the term has exired. however, it is provided in this amendment that in either of these cases the President may make an appointment or may fill up the vacancy, and tcparty will receive his salary. He has the constitutional authority to do this. But, Mr. President, the control of the reve nues of the country and of the money of the country is not in the hands of the President without the authority of Congress; he has no control over one dollar; he cannot draw his own salary except by authority of law; and the Senfrom by Maryland will observe that this provision does not go to the appointing power at all; it is merely a provision in regard to the salaries of officers or the compensation they are to receive. It is entirely competent for Congress to provide just as much comensution as it pleases, or no compensation. I. may authorize an appointment of an officer with 0ut attaching any salary or any fees to the discharge of the duties of the office. I think there is a bill now pending, reported by the Senfrom Massachusetts, the chairman of the ComForRel, that prorides for the appointment of certain commissioners without any salary whatever. It is entirely competent for Congress to make such provision. There is, therefore, no constitutional question involved in this amendment which I have offered. We propose to provide that no man placed in an office or undertakin to exercise or per, form the duties of an O cc without the con; sent of the Senate shall receive any compensation whatever, unless his appointment is to fill up a vacancy which happens by death, res ignation, or expiration of the term of service. The intention of this amendment is to prevent any person being turned out of office and another put in his place during the recess of the Senate so as to receive his ay. If the President thinks proper to undertake to remove officers, the successor will receive no pay, if this provision becomes a law, until that successor is confirmed by the Senate. That certainly involves no constitutional question, for it is entirely cometent for Congress to pay what salaries it p cases to the ofhcers of the Government, or no salaries at all. The chief object. however, of the amendment was to check the practice of filling up Offices in the vacation of the Senate when there was an opportnnity to have filled them by and with the advice and consent of the Senate when it was in session.