Mr. HENDRICKS. The question that is presented by this amendment is not the one suggested by the Senfrom Oregon; and, if it be confstitutionally possible, I have no objection to Congress providing that a person nominated for an office and rejected by the Senate shall not be appointed afterward in vacation by the President to the same office. I think the President ought not to disregard the expressed will of the Senate in reference to that officer, and I should not ask him to do so. I have no objection, then, if it can be done according to the Constitution, to such a provision. But the question here is, whether in a case where the and Senate have been unable to agree upon some man for an office and the Senate adjourns, the office shall remain vacant during the ensuing recess. That is the question: whether the President shall have power to appoint, not the rejected man, but anybody to the office; whether, as I said before, the office shall remain vacant, the interests of the people shall be neglected, because the President might appoint somebody not agree able to the majority of Congress. That is the whole question. There was force in the inquiry I put to the Senfrom Oregon. He has assumed the championship of the bill by appealing to the Senate without assigning a reason not to vote for the amendment. Now, I want to know from him how the country is placed with regard to important offices where there is no person authorized by law to discharge the duties of the office if a vacancy occurs. The right of the President to fill the vacancy is taken away from him. How, then, practically, is the law to be executed? The Senator suggests that we must obey the Constitution whether there is practical inconvenience or not. I thought the constitutional question was discussed pretty fully the other day. It was conceded by the learned Senfrom Michigan [Mr. HowARD] that the precedents and practice of the Government were against the position assumed this morning by the Senfrom Oregon. The Executive practice has been uniformly against it from the foundation of the Government. It has uniformly been in favor of the construction that in such a case the President could fill the vacancy; and I referred to 2 instances in which a legislative construction was placed upon this provision of the Constitution agreeing with the Executive construction; so that the authority upon the subject is altogether against the construction contended for by the Senfrom Oregon.