Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1836-02-11
NaR. wEBsTER,S speech.
coNCLUDED FROM LAST wEEk.1
IN SENATE,
THURSDAY, JANUARY II.

Oh tne evening, which feel bound to state
because think it quite important, on several
accounts, that it should be known.
N nomination was pending before the Sen
ate for Judge of the Supreme Court. III
the course of the sitting, that nomination was
; called up, and, on motion, was indefinitely
postponed. In other words, it was reiected
tor an indefinite postponemcnt is a rejection
The office, of course, remained vacant, and
the nomination Of another person to fill it be-
came necessary. The President of the Uni
ted States was then in the Capitol, as is us,i-
nj on the evening of the last day of the ses-
sion, in the chamber assigned to him, and
with the heads of Departments around him.
I When nominations are rejected under these
! circumstances, II has been usual for the Pres
ldent Immediately to transmit a new nomina-
ton to the Senate; otherwise the Office must
| remain vacant till the next session, as the va
cancy in such case has not happened in the
recess of Congress. The vote of the Senate,
indefinitely poslponng this nomination, was
carried To the Presidents room by the Secre-
tary Of the Senate. The President told the
Secretary that 1t was more than an hour past
IL O'Clock, and that he could receive no fur
ther communications from the Senate, aud
immediately after, az have understood, left
the Capitol. The Secretary brought back
the paper continuing the certified copy of the
vote of the Senate, and endorsed thereon the
substance ofthe Presidents answer, and also
added that, according to his own watch, it
was quarter past one o'clock.
| There are two views, Sir, in which this oc-
currence may well deserve to be noticed
One is n conneXion which it may perhaps
nave with the loss of the Fortication bill;
the other is, its general Importance, as intro
ducing new rule, or a new practice, respect
ing the intercourse between the President
and the Houses OF Congress on the last day
Of the session.
! On the first point sl.all only observe that
the fact of the Presidents having declined to
receive this communication from the Senate,
and Of his having left the Capitol, was imme-
diately known in the House Of Representa-
tives; that it was quite obvious that if he could
not receive communication from the Senate
neither could he receive bill from the House
of Representatives for his signature. 1t was
equally obvious, that if, under these circum
. stances, the House of Representatives sloulc
agree to the report of the committees of con-
ference, so that the bill should pass, it must
nevertheless, fail to become law, for want
of the Presidents signature; and that, in that
case, the blame of losing the bill, on whom
soever else it might fall, could not be laid up
on the Senate.
+. On the more general point, must say, Sir,
that this decision of the President, not to hold
communication with the Houses Of Congress
! after IL o'clock, on the Sd of March, is quite
\ new. No such objection has ever been made
! before, by any President. No one of them
has ever declined communicating with either
House at any time during the continuance Of
I its session on that day. All Presidents, here
toforc, have LEFT it with the Houses themselves
/ to fix their hour of adjournment, and to bring
their session, for the day, to close, whenever
they saw fit.
/ 1t is notorious, in point of fact, that nothing
is more common than for both Houses to sit
later than 12 o'clock, foi the purpose of com
\ pleting measures which are in the last stages
! oftheir progress. Amendments are proposed
and agreed to, bills passed, enrolled bills
signed by the presiding officers, and other
/ important Legislative acts performed often at
:, 2 or 3 o'clock in the morning. All this Is very
well known to gentlemen who have been for
any considerable time members of Congress.
| And all Presidents have signed bills, and have
also made nominations to the Senate, without
objection as to time, whenever bills have been
! presented for signature, or whenever It be-
! came necessary to make nominations to the
! Senate, at any time during the session OF the
, respective Houses on that day.
!. And all this, sir, suppose to be perfectly
right correct, and legal. There is no clause
of the Constitution, nor is there any law,
which declares that the term of Office of men,
bers of the House of Representatives shall
expire at 12 o'clock at night on the Sd OF
March. They are to hold for two years, but
the precise hour for the commencement OF
| ,bott ic Hyou u
constitution or legal provision. II has been
established by usage and by inference, and
very properly established, that, since the first
! Congress commenced its existence on the
first Wednesday in March, 1889, which hap
pcned to be the 4th day of tho month, there
fore, the 4lh of March is the day Of the COM
meneement Of each successive term, but no
hour is fixed by law or practice. The true
rule ia, as think, most undoubtedly that the
session holden on the last day constitutes the
last day, for all legislative and legal purposes
While the session commenced on that day
continues, the day itself continues, according
To the established practice both Of Legislative
and judicial bodies. This could not well be
otherwise. IL the precise moment of actual
time were to settle such n matter, it would
be material to ask, who shall settle the tune!
Shall it be done by public authority, or shall
every man observe the tick OF his own watch:
If absolute time is to furnish precise rule,
the excess of minute, 1t il obvious, would
be as fatal as the excess Of an hour. Sir, no
bodies, judicious or legislative, have ever
been so hypercritical, so astute to no purpose
so much more nice than wise, as to govern
themselves by any such ideas. The session
for the day. at whatever hour it commences
or at whatever hour il breaks up, is the legls'
lalivo day. Every thing has reference to the
commence ement OF that diurnal session. Fol