Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1836-06-23

VEro MEssAcE.-The following mes.
sage was received from the President Of
the United States, BY the senate, in rela-
ton to bill that had passed that body
fixing day for the adjournment Of
congress.
To the Senate Of The United States.
The act OF Congress "to appoint a day
for the annual meeting of Congress"
which originated in the Senate, has not
received my signature. The power Of
Congress 10 fix day for The regular an
nual meeting Of Congress is undoubted !;
but the concluding part of this act, which
is intended to fix the adjournment Of eve
ry succeeding Congress 10 the second
Monday in May, alter the commence
ment OF the fist session, does not appear
TO me in accordance with the provisions of
the Constitution OF the United States -
The Constitution provides
lst article, 9Th section-"That neither
House, during the session Of Congress,
shall without the consent Of the other, ad
Journ for more than three days, nor TO
any other place than that in which the
two Houses shall be sitting"
LIST article, 9th section-"That every
order, resolution, or vote, 10 which the
concurrence Of the Senate and House OF
Representatives may be necessary Except
on the question Of adjournment, shall be
! presented TO the President of the United
States, and, before the same shall take
effect, shall be approved of by him." SC.
Cd art. Cd sec, THAT be 1.-THE Presi
dent may, on extraordinary occasions
convene both houses of Congress, or eli
ther Of them, and in case Of disagreement
between them, with respect to The time Of
adjournment, he may adjourn them to
such times as he thinks proper"
According to these provisions the day
OF the adjournment Of Congress is not the
subject Of legislative enactment. Except
IN the event of disagreement between The
Senate and House of Representatives. the
President has no right TO NEEDLE with the
question, and. IN that event, his power is
exclusive, but confined TO fixing the ad
journment Of the Congress, whose branch
es have disagreed.
The question Of adjournment is obvi
ously TO be decided by each Congress for
itself, by the separate action Of each house
for the time being, and is one Of those
subjects upon which the trainers Of that in
strument did not intend one Congress
should act, with or without the Executive
aid, Tor ITS successors. AS substitute
Tor the present rule, which requires the
two Houses by consent 10 fix The day
oil adjournment, and in the event of dis
agreement, the President TO decide, i, is
proposed TO fix the day by law, to be
binding in all future time, unless chan.
ged by consent Of both Houses of Con.
gress, and to take away the contingent
power Of the Executive, which in antci
pated cases Of disagreement Is vested 10
him. This substitute is 10 apply, not TO
the present Congress and Executive, but
to our successors. Considering, therefore
that this subject exclusively belongs to The
two houses OF Congress, whose day Of ad
journment is so fixed, and that each has
at that time the right to maiItain and in
sist upon IT'S own opinion, and TO require
| the president TO decide in the event OF a
disagreement with the other, | am con-
strained 10 deny my sanction 10 the act
herewith respectfully returned to the Sen.
ate. ! do SO with greater reluctance, as
apart from this constitutional difficulty
the other provisions Of it do not appear TO
me Objectionable.
ANDREW JACKSON.
WASHINGTON, )une 9, 1886.
The message was ordered 10 he printed