Mr. JOHNSON. I am very much obliged to the honorable member; he requires no apol ogy; and I have an answer to each of the questions which his remarks suggest. The 1st is that the construction of the clause of the constitution to which he has referred, has been before the executive branch of the Government frequently, and that construction from the 1st cried when it was presented has, as I think, licen uniform. The law officers of the Government have considered the word “happen” as used in the part of the Constitution adverted to by my friendfrom Illinois, as meaning “existing, ” independent of the cause of the vacancy. The object is to keep the Government in operation, to keep in existence all officers whom the Constitution deems necessary to carry on the Government: and if, therefore, from any cause, no matter what, a vacancy in them exists at any time when the Senate is not in session, the Executive has the authority to fill it. I have by me one of the several opinions upon that subject. The one that I have before me was given by Mr. Wirt when he was AttyGen, as far back as 1823. In it he says: “I find that General Swartwouts commission as Navy agent at NewYorkik. expired during the last sessionof the Senate. Your nomination of another gcorrsnoantetoa, nfidllththeavtaveaaenaenycsyt ilwl aesxnisotts. confirmed by the What was to be done? Could the office be filled, the Senate having adjourned and the vacancy having existed during the session of the Senate? fie goes on to say: "It is the case, then, of a vacancy which arose durinr: the session of the Senate, but which, from the circumstance that has beenmentioned.continues to exist in the recess. The question on which you ask my opinion is, whether, under the Constitution. you can fill the vacancy by a commission to expire at the c ndof the next session?. “Tho provrsions of the Constitution on this subject are. “1. That the President shall nominate, and by and With the adViceand consent of the Senate.sha l appoint, all officers, 0. “2. That the President shall have powerto till up all vacanciesthat may happenduring the recessof the Senato. by ranting commissions which shall expire at the on of their next se ssion. Had this vacancy1st occurredduring the recess of the Senate, no doubt would have arisen as to the Presidents power to fill it. The doubt arisesfrom the circumstanceof its having 1st occurredduring the session of the senate. But the expressionas by the Constitution is happen: all vacancies that may happenduring the recessof the Senato. The mostnatural senseof this term is to chance tolall out to take place by accident. But the expression seemsnot perlcetly clear. It may mean happen to take place: that is. to on incur, " under which sense the resident would not have the powerto fill the vacancy. It may moan. also, without violence to the sense. happen to extstzunder which sensethe President would have the right to fill it by his tem orary commission. Which of thesetwo sensesis to o referred? The 1st seemsto me mostaccordant Wit i the letter of the Constitution: the 2nd most accordantwith its reasonand spirit.” He goes into a long argument to show that that is under all the circumstances the proper construction.