Mr. Wirt seemsto have done. o words during their recess are plainly intended to qualify and limit the term happen. the vacancy is to happen during their recess. ow. if the vacancy the President is authorized to fill may (as Mr. Wirt and his successorse ontend)take place indifforently during the recessor during the session.isit not evident that no meaning or effect whatever is given to thowords (luringtheir recess? Are not thosewords practically expungod from the Co"nAstiatumt.iowne? see no propriety i n forc.ing the language from its popular moaningin order to meetand tultill one confessodly great purposo.(the keeping thi voffice filled., )whilo there up an: yanother purpose of equal magnitude and importance (fitting qualifications) attachedto and inseparablefrom the former. In such a ease the argument ab inconvenient.has no force. because the anticipated evils on the one hand or. Counterpoised by thoseon the other. But this forced and yuan turn! interpretation becomes more manifest in its results. Those results would quickly open the way to a practical deprivation of all power of the 8enate over executive appointments. For ifthe President may in thoreccssappoint to and Ill an office which duringasession of the senate was vacant. he may omit to make any nomination at a subsequent session and at the close of it again appoint him underthe idea offilling avacancy and soon from session to session. In the hands O an ambitious. corrupt or tyrannical Executive. this useof the power would soon bring oboutthe very state of things which the Constitution so carefully guards against by requiring. in express terms, that the advice of the Senate shall fil8ll)c taken and it! consent obtained before an appointment shall be made. We do not hesitateto my that this reatsafo guard of the public rights. interests. fllit pe ac isa practically prostrated and destroyed by the insidious and, to our minds. totally unfounded construction which has beenforcedupon the clause. “The committee.in considering the subject.have not overlooked the subsequent opinion given by Mr. AttyGen Tuner. in 1832 and that of Mr. Legure. in 1841.Although the latter thinks the quqstion one of nmlillienlty, and it is in hismind.so lain as to ailniit of no doubt. whether it be considered sauna of pure legal scienceor as matter of public expediency} he onrcfully avoids putting itupon the ground taken by Mr. wirt, that the word happen ay be construedto mean happenjo exist; which, as Wastoo filain. at once revolutionized not only the letter but to apparent intentional the clause: but. with a far more adventure us spirit of interpretation, puts the claim of power upon the provision that the resident shall take carethatthelaws be faithfully executed." Mr. Legare puts it upon that clause of the Constitution, as if under that the POTUS derived any authority to appoint men to other}in a different mode from that specifically and in the very terms provided by the Constitution itself. I will not read the whole of this report though it argues more clearly than I can do in any extemporaneous remarks, the meaning of this clause of the Constitution, and comes to the conclusion that the vacancy must begin to exist during the recess of the Senate in order to authorize the President to issue a commission. In reply to the question of inconvenience which was put by the Senfrom Wisconsin, [Mr. DooLITILE] the committee show that there is no force in that, because the same inconvenience arises now, when the Senate is in session. Nobody will pretend that the President can issue a commmsion to fill an office while the Senate is in session. suppose that the postmaster in the city of Wington dies today, does anybody pretend to say that the President can issue a commission to a man to fill his place tomorrow?.