Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1836-02-05
VOL. IX.-No. 597.

wo years, but the precise hour OF the com
of that term oftwo years Is no
where fixed by constitutional or legal pro-
,ision. II has been established by usage
md by inference, and very properly estao'
ished that. since the first Congress com
nenced its existence on the first Wednes-
lay in March. 1899. which happened TO oe
he 4th day Of that month, therefore, the
ith of March ,s the day of the commence.
ment Of each successive term, but no hout
Is fixed by Law or practice. The true rue
is, as think, most undoubtedly that the
session holden on the last day, constr
tutes the last day for all legislative
and legal purposes. While the session
commenced on that day continues, the
day itself continues, according to the estao'
ished practice both of legislative and judi
cia bodies. This could not well be other.
wise. IF the precise moment OF actual
time were to settle such a matter, 1t would
be material to ask, who should settle the
time, Shall it b, done by public author'.
ty, or shal every man observe the TICK OF
his own watch If absolute time Is TO
furnish precise rule, the excess OF min
ute, it is obvious, would be as fatal as the
excess OF an hour. Sir, no bodies, judicial
ical, so astute to no purpose, 80 much more
nice than wise, as to govern themselves oy
any such ideas. The session for the day,
at whatever hour it commences or at what
ever hour it breaks up, is the legislative
day. Every thing has reference to the
commencement of that durnal session.
For instance this is the 18th day Of Janua-
ry; We assembled here to day at 10 O'Clock;
our journal is dated January l4th, and 1t
we should remain here until 5 O'Clock to-
morrow morning, land the Senate mas
sometimes sat so late,) our proceedings
would still bear date Of the l4th of Janua-
ry; they would be so stated upon the jour-
nal, and the journal is record, and is
conclusive record, so far as respects tho
proceedings Of a body.
If man were on trial for his life, at
late hour on the last day allowed by law
for the holding of the court. and the Jury
acquitted him, but happened to remain SO
long in elaboration that they did not bring
IN their verdict till after 10 o'clock, is 1t at
all to be held for nought, and the man to
be tried over again' Are all verdlcts,
Judgments, and orders Of courts null and
void if made after midnight on the day
which the law prescrlbes as the last day.
It would be easy to show by authority,
if authority could be wanted for thing,
the reason of which is so clear, that
the day lasts while the daily session LASTS.
When the courl or the leg slativo body ad
journs for that day, the day is over and not
before.
am told, indeed sir, that it is true that
on this same Sd day Of March last, not
only were other things transacted, but that
the bill for the repair Of the Cumberland
road, an important and much lirigated
measure, actually received the signature
Of our presiding officer after - o'clock.
was then sent TO the President, and signed
by him. 90 not affirm this, because [
took no notice Of the time, or do not re-
memoar it if did (; but | have heard the
matter so stated.
see no reason sir, for the Introduction
Of this new practice; no principle on which
it can be justified, no necessity for 1t. no
proprety IN it. As yet, it has been applied
only to the Presidents intercourse with
the Senate. Certainly ii Is equally oppl.
cable to his intercourse with both Houses
in legislative matters and fit is to prevail
hereafter, it is OF much importance that it
be known.
The President of the United States sir,
has alluded 10 this loss of the ratification
bill in his message at the opening Of the
session, and he has alluded also in the same
message, to the rejection of the vote Of the
three millions. On the frs; point, that is,
the loss of the whole bill, and the causes
Of that loss, tins is his language -
" Much loss and Inconvenience have
been experienced IN consequence Of the
failure of the bill containing the ordinary
appropriations for Notifications which pass
ed one branch OF the national legislature at
the last session, bat was lost in the other"
If the President intended to say that the
bill, having originated in the House of Re-
presentatives passed the Senate, and was
yet afterwards lost in the House of Rep
resent atlves, he was entirely correct. But
he has been altogether wrongly Informed,
# he intended to state that the bill having
passed the House was lost in The Senate.
AS have already stated, the bill was lost
in the House Of Representatives. 1t drew
| its last breath there. The House never let
60 its hold on 1t after the report of the
committee Of conference. But It held it,
! 1t died in its possession when the House
adjourned. | is TO be regretted that the
President should have been misinformed in
a matter of this kind when the slightest
reference to the journals of the two Houses
would have exhibited the correct history OF
the transaction.
recur again, Mr.. President, to the
proposed grant ofthc three millions, for the
purpose of stating somewhat more dis.
tincrly the true grounds of objection to
that grant.
, These grounds of objection were two:
, the first was, that no such appropriation
had been recommended by The President or
| any of the departments. And what made
D this ground the stronger was, that the
[ proposed grant was defended, SO far as it
e was defended at all, upon an alleged neces
r slty, growing ont of our foreign relations.
o The foreign relationsof the country are en-
n trusted by the Constitution to the lead
and management otthe Executive Govern
|. ment The President not only is supposed