Mr. SUMNER. Very well; the Senator has nlread answered the (Histion in advance by In ela rate speech. whole speech was a long “no” on that question. He says that the words are not lain; but he will allow me to say, in reply, that to my apprehension they are plain and I submit to the Senator that even in his opinion they would not be otherwise than plain ilihe were not led astray by that line of names to which he has so often alluded, beginning with that name which we all respect so much William Wirt. Mr. Wirt, in his opinion, as the Senator reminds us, has undertaken to give an interpretation to the phrase “that may happen.” permit me to say that in m opinion thut interpretation is latitudine us beyond apology. There is nothing, according to my mind, in any rule of construction orinterpretation that will justify such a definition as ehas chosen to attach to that phrase and permit me to say that that definition begins with William Wirt. The other names cited by the Son. ator simply follow Mr. Wirt; they say ditto to Mr. Wirt. Therefore, if Mr. Wirt was wrong they were all wrong, for I do not think that anyone of them, in the o inion that he wave, added to the original authority of Mr. IVirt. They added nothing in reason, in history, or in exposition of any kind. I say, then, I must carry you back to the very text of the Constitution, anterior to the o inion of Mr. Wirt; and if I could get at earned friendfrom Maryland to go back O Mr. Wirt, and just at him face to face with this text of the Constitution, without Mr. Wirt as the torch to light the way and then all these other torch bearers after him, I believe there can be no doubt how that learned Senator must pronounce, because he has in him too much knowledge of the Constitution, too much knowledge of law, and too much common sense to attach such a definition to that phrase as he now willingly adopts on the authority of these names. Ig say from the authorities of these names, not from the text itself, and not from the reason of the case. Why, sir, what is the natural signification of the term? The language is: “The President shall have power to fill up all vs enncics that may happen during the recess of the Senate.". What is a vacancy? It is where the office is empty; and that emptiness of the office must come about, must occur, must fall in, ifI may so say, during the recess of the Senate. If it does not occur during the recess of the Senate, if it does not fall in during the recess of the Senate, if it is all anterior to the recess of the Senate, then, allow me to remind the Senator, it does not come within the text of the Constitution. It is in vain for him to cite the authority of Mr. Wirt and to give a new fangled definition to words which are so plain as to require no definition. We all know what the phrase “ may happen" means. It is a commonplace phrase of every day use. Its signification is perfectly plain. It must mean that the vacancy in every respect completely must occur during the recess of the Senate. But now, sir, if I can have the attention of my honorable friendfrom Maryland, allow me to cite authority against authority. I should prefer to treat this text on the basis of reason alone. Looking at it through reason, independent of authority, I say the conclusion is clear; but against the Senators authorities I adduce an authority which I know that Senator will listen to with respect. I addnce the authority of one of the founders of this Constitution, one of the ablest of all those who assisted in building this frame of Government, and one of the ablest also of those who assisted in its early administration, the friend and companion of General Washington in his 1st administration. I mean Alexander Hamilton, who was called expressly to deal with this veryquestion, and who in advance has given the nutity of his name to that interpretation of the tat which I have already shown reason requires. Now, listen to what Alexander Hamilton said, in a letter to James McHenry, SecyWar, dated May 3, 1799: “In my opinion. vacancy is a relative term and presupposesthat the office has been oncefilled. If so. the power to fill n vncancy is not the power to make an original appointment.“ All that is clear. The Senator, of course, will not dissent from that. Then he comes to the precise point: “The terms, which may have happened" quoting the words of the Constitution.