Mr. FESSENDEN. I presume there are a great number of such cases. The contingency, therefore, has arisen in which I said I should be in favor of legislating on that matter. I would not have been under other circum, stances; that is to say, I think I should not have been, because all these things or many of them are the fortunes of war; and if we happen to differ from the President we must remember that he has the appointing power; he is the man to appoint officers, and I do not wish to limit in any way the exercise of that constitutional power. I do not wish to do anything to prohibit his performing all the functions which the Constitution says he shall have a right to perform. Because of one unfortunate condition of affairs I would not disturb the constitutional relations of the different parts of this Government to each other. I think it unwise, simply on a contingency which has arisen that is unpleasant to us, to set a precedent that may be bad and perhaps fatal in the ordinary conduct of affairs hereafter. But in this particular case it seems now to be admitted that the contingency has arisen and thatCongress is bound in some way to provide that the constitutional power of the Senate to advise and consent in the nomination of officers nominated by the President shall be respected. That being the case, this bill or something like it is unquestionably properly before the Senate. I have said thus much to explain the position which I occupy, and intend to occupy, with ref erence to this question. I mean in some mode to favor such legislation as will protect the body of which I am a member in the enjoyment of every constitutional privilege which belongs to us; I am not for trenching upon the rights of others, but I am for protecting our own; and I am very glad to that the honorable Senfrom Maryland agrees with me in the view that I have stated. But, sir, perhaps this is traveling a little out of the particular question raised by the amendment of my friendfrom Wisconsin, who moves to strike out this exception. Repeating, therefore, simply that I consider that the exception ought to stand, for thereasons given by my friendfrom Oregon particularly, as well as those given by others, I i. make no further remarks on the subject.