Mr. TRUMBULL. Does the Senfrom Wisconsin hold, then, that after a Legislature has intervened the Executive can then act? Suppose the vacancy did Occur during the recess of the Legislature; suppose a Senator were to die and subsequent to is decease the Legislature of the State from whence he came meets, fails to elect a Senator, and udjourus, does the Senfrom Wisconsin mean to say the Executive can then appoint? The Legislature of NewJersey has ecu together since the expiration of the term of Mr. TenEyck. But there would be another and a conclusive answer to the Senators suggestion, and that is this: Mr. TenEyck left no vacancy; Mr. TenEyck ended his term; and it has been repeatedly held that the Governor cannot appoint to an original term. That is not a vacancy happening. That is provided for by the Constitution in the clause which declares that each State is entitled to 2 Senators elected for the term of 6 years; and no governor has ever undertaken to appoint a senator for 6 years. Somebody must 1st be put into the Office, must have commenced the term, before a vacancy can happen; so that I think my friendfrom Wisconsin will find upon investigation that in both points of view the Executive in the case I have suppOsed would have no authority to fill the vacancy. N ow, sir, the language, as I said in regard to the filling of a vacancy in the case of a Senator, is the same in the Constitution as it is in regard to the filling of a vacancy in the case ofun Officer of the U.S. They must both happen during recess of the authority which has the right to make the apointment; in the one case the recess of the Eegislature of the State, and in the other the recess of the Senate of the U.S. If it were not so, it would he very easy to dispense with that provision of the Constitution which has vested the appointing power of all officers in the President by and Will! the adyice and consent of the Senate, because the President could make appointments (if you call the filling up of a place by a commission an appointment) the moment the Senate adjourned, and continue in that way to make them as often as the Senate adjourned, and keep in Office whomso ever he leased, which would be manifestly a perversion of the meaning of the Constitution. This whole question was submitted to the ComJudiciary in 1863. It is no new question, and the Senfrom Kentucky, if he will look into the subject, will find that it is not an attack upon the Executive. This is no new proposition in this body.