Mr. TRUMBULL. I have no such motive governing me. I speak of the construction which I believe to be the true one of the constitution of the U.S., without reference to anybody who has been before the Senate or is like] to be before the Senate. In the 30 7 congress this resolution was submitted to the ComJudiciary: “ Resolved. That the ComJudiciary be instructed to inquire whether the practice which to so extent prevails in sonicof the Depts of the government, of appmnting officers to fill vacancies which have not occurred during the recess of Congress.but which existed at the piccodingse ssmn of Congress, is in accordancewith the Constitution and iluot, what remedies may be applied.” My friendfrom Michigan, [Mr.How.uiD] who was at that time a member of the committee, wrote an elaborate report, which I hold in my hand, on this subject, in which he reviews the opinion of AttyGen Wirt. He notes from him the very same language the Senfrom Maryland has quoted today, and also the opinion of other Attorneys General, and comes to the conclusion, in which the committee was unanimous, that the vacancy must begin to exist during the recess of the Senate in order to authorize the President to fill it by giving a commission to expire at the end of the next session of the Senate. In comment in upon this opinion of AttyGen W irt, the committee say in this report: “ We O ually dissent from the construetion implied by the substitnted reading. happened to exist. for the word happon in the clause. To say that an syont which is to happen during n 5 n period of time may lo icully be an event which i does not hap pen duringt iat period. but during another and an anterior period. seemsto usto heaper version of language Happen to exist. as here employed by Mr. irt is plainly intended as the equivalent of hap pen to be existing, or in CKlSlCIitC and is used to imply (though it does not) a continuance or prolongation of the event(the vacancy)train a point of time anterior to the recess. Now. it is the vacancy that is to buppen. Certainly any event which has begun and becomecomplete must be said to have happened. But ifa vacancyonce exists. it basinluw happened; for it is in itself an instantaneou7 t. It implies no continuance of the act that prodpecsit. but tiikes effoct and is comlots and perfect at an indivisible point of time. li ctho be inning or and ofu recess. Once in existence.it has nppened and the mere continuance of the condition of things which the occurrence produces cannot. without confounding the most obvious dislinc ions. betaken or treatedas the o currence itself, as