Mr. HENDERSON. The proposition presented yesterday by the Senfrom Illinois I like much better than the propOsition pre tented today. The proposition as made today admits the power of the President to remove. I do not admit it. The Senfrom Maryland, in replying to me a short time ago, allued to a case reported in 18 Howard, in which he stated that the court had decided that President Fillmore had a right to remove a judge of a Territory appointed under an act of Congress. I sent for a copy of the book. the case did not contravene the other 2 cases relied upon by me; and if he will examine the case he will find that although thatquestion was argued before the court, there was no decision made on it. I undertake to say that the pOWer to remove by the President without the consent of the Senate has never been passed upon favorably by the Supreme Court. I have been unable to find such a case, and I am satisfied the case my friend relied upon does not. support his viewl, because the court followed the doctrine that he regretted had not been followed in the other cases they said that point was not before them. They merely decided that the writ of mandamns could not go because of their want of jurisdiction in the case. Therefore, the other point was not decided, and my friend will have to find some other case in order to sustain his view. As I stated yesterday I am preparing a bill on this subject. I think that an act of congress ou lit to be passed placing this power in the han s of somebod, in one of the supreme judges or in the President, to remove an odi cer in the cases alluded to by the honorable Senfrom Maryland. But if the Senfrom Illinois insists upon his pr position, I shall vote for it as it now stands, ccause it does curtail the power to a certain extent. But I think the power of appointment. ought to be denied positively to the President in the vacation; that is, the power of removing and then declaring that a vacancy exists which he can fill. So far as I am concerned, I am disposed to den that power absolutely unless it be grante in extraordinary cases by act of congress. Whenever an officer is appointed, and there is no limitation or duration fixed to the extent of his Office, and there is no power expressly given by not of Congress or his removal I den the power of the President to remove him. I say the authority is perfectly abundant on that subject. I promised my friendfrom Minnesota to renew the motion to go into executive session. He held me under some obligation to do it, and does yet, and I therefore renew the motion.