Mr. TRUMBULL. Well, sir, that is not the language of the Constitution, and that language gives no effect whatever to the words during the recess of the Senate." If the intention of the framers of the Constitution had been that the President might fill any existing vacancy during the recess of the senate or any vacancy which existed they would have said so, but that is not what the have said. They have said that he may fil up a vacancy that may happen during the recess of the Senate. These words “may happen during the recess of the Senate” are use dliu other portions of the Constitution. By reference to that clause of the Constitution of the U.S. which authorizes the appointment of Senators, it will be found that the Constitution declares that the Senate of the U.S shall be composed of 2 Senators from each State, chosen )y the Legislature thereof for 6 years? What else does the Constitution provide? m“ e And duifriynagcatnhceiersecheaspspoefnthbey r Legislation oorf oatnby State. the Executive thereof may make temporary appointments until the next meetingof the Lezislu urc. The language isprccisely the same, “ if vacancies hop on during the recess of the Legislature.” as it not always been held in this body thatthe vacancy must be. on during the recess of the Legislature or it not authorize the Governor to appoint? Has not that been decided over and over again, that the Executive of a State cannot appoint a Senator to fill a vacancy in this body unless the vacancy hap pened during the recess? Is not the fact that it occurs during the recess of the Legislature necessar to authorize the Executive to appoint? bat has been decided over and over again, and is the settled construction of the Constitution of the U.S., admitted by everybody. How often has it happened that States have been partially unrepresented in this body just from the fact of the Legislatures failing to elect. We have one such case now from the State of NewJersey. The Legislature was in session when a vacancy occurred here by the decision of the Senate that Mr. Stockton was not entitled to his seat; and the Legislature has sinceadjourned. Does anybod suppose that the Executive of NewJersey 1:15a right to fill that vacancy? The Senfrom Wisconsin [Mr. Hows] says he oes.