Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-02-11

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thus decSlon Of the President, not to hold comn,,.
nleation with ihr Houses of Congress after - a.,
clock, on tie ;,iof March. is quite new. No snrl
objection has never bccn made before. by an,
PRESIDENT M one Of them has ever declined
communicating with either House NJ any time dur
ne INC continuance of its session on that day All
presidents crcioiorc, have left il with them
serves To Tx Their hour of adjournment, and Ia
bring their session, for the day. TO close, vhoney-
or they saw 1T.
II is notorious, in point of fact, tia, nothing is
more common than 10, both Houses TO SIT later
than II O'Clock, for the purpose Of complc,inr
measures which are IN the last stage Of their pro-
ct.>s' Amendments arc proposed aud agreed 10,
nlis passed enrolled bills signed hy the presiding
officers, and other important legislative acts per
formed often AT and 3 O'Clock in the morning
All this is vcr, well known to penllcmcn who have
been for any considerable time members Of Con.
ercss. And all Presidents have signed bilI,, and
have also made nomination. 10 the Senate. with
ont objection rs to time, whenever bills have been
presented Tor signature, OF Whenever il became
necessary 10 make nominations 10 the Senate al
any TIME during the session oi the respective Houses
on that day.
And all this, sir, suppose TO he perfectly rirlt,
correct and legal. There i, no ela,, of the Con-
s,ution, nor is there any Law, which declares tim,
lhc term OF Office Of members of the House Of
Representative shall expire nj - o'clock nj nirht
on the 3D. OF March. They are to hold for two
years, but the pr, else hour for the commencement
OF that term Of two Years * no where fixed by
constitutional or legal provision. 1t has been es.
'nhl'shrd 10y nsat" and by inference, and yer,
properly established, that, since the trsi Congress-
commenced as existence ON tho first Wcdnc S,lnv
in March. 1881, which happened To be- the i,h day
NJ - he If - a..
day OF commencement of each successive term.
but no hour is fixed by law or prac,icc. The
true rule is, us think, most undoubtedly that the
session holden on the last day constitutes the last
day, for alllcgsla,ivc aud legal purposcs.-W lille
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 II the precise
moment Of actual time were 10 settle such y mat
ter, ii would BIZ material to ask, who shall settle the
time Shall II be done by public authority, or
shall every 81 serve the tick ofhis own watch
u absolute time is to furnish precise rule, the
excess Ola minute, il is obvious, would be ~ Ia
tai rs the excess of an hour Sir, no bodies, jn-
dcal nor legislative, have been so l,pcrcrii-
cal, 80 astn,c To no purpose, 80 much more nice
than wise, as 10 govern themselves by an, such j.
IDEAS. The sessions for the day, a, whatever hour
they commence, or whatever hour il breaks up,
is the legislative day. Every ihing has reference
TO the commencement of the diurnal session. Fo
instance, this is the 18th day of January We as-
scmble here to-day n, II O'Clock our Journal i.
dated Jan. li,h, and if We should remain here nr-
III o'clock tomorrow morning (nnd the Senate
has sometimes sat so latr) our proceedings would
still all hear date OF the llth of JAM they would b.
so stated upon tic journal, and the journal is re-
cord, and is a conclusive record 50 far as respects
the proceedings of this body.
1t is 90 in judicial proceedings. liza man was
trial for his lie, al late hour on tEr last day
allowed by law for the holding of the court, and
the jury acquitted him, but happened 10 remain
so long in delibcra,ion that they did moi bring in
Their verdict till after II O'Clock, is it all rolc held
for nanehl, and the man to be uicd over again
Are all ycrdlriS, judgments, and orders oil courts,
null and void il made after midnight, the day
which the law p,cScrIbeS as the last day II would
BE- easy 10 show by authority, II aulhorit, could liz
wanted t"r thing, the reason Of which Is 81 clear,
that the da, lasts willie the daily session lasts.
When the court the legislative body addurns for
that day, the day is over, and not before.
am told, indeed, sir. that, il is true that, this
same Sd day of March last, not only v,rc Other
things transacted lu that the ILL for tue repair oi
the Cumberland road an important and much liti-
gated measure, actually received the signature OF
our presiding officer after y O'clock was then sent
10 III" President and signed BY him do not affirm,
til because took no notice Of tie iimc, OF do no,
remember i, if did but lave lrnrd ,Le matter
stated.
see no reason, sir, for the introduction of this
new practice no principle on which il can b.
justified, no necessity for il, no proprciy in it.
As yet, it has been applied only to ,hc Presidents
intercourse with the Senate. Certainly it is g.
qually applicable to his intercourse with both Ilcu.
SEES in legislative matters and if is TO prevail
hereafter, it is OF much importance that it should be
known.
The Prcsiden, OF the United States, sir, has al
ludcd to the loss of the Fertilization bill in his mes
sage at the opening of the session. and he has alluded
also, in the same message, to the r. cction Of tie
vote ofthrco millions. On the first point, that is,
the loss Of the whole bill, and the causes Of that
loss, this is his language
d" Much loss and Inconvenience have been cx-
: pcrienccd in consequence of the failure OF the bill
containing the ordinary appropriations for for
: tilicalons, which passed one branch of the Ma
tional Legislature al the last session, but los
in the other"
1.-THE President intended to say that the bill
having originated in the House Of Representatives
passed the Senate, aud was yet afterwards lost il
the House Of Representatives, he was entirely cor
rect. BIT he has been altogether wrongly inform
ed, if he intended to sac that the BILL having pas
sed tho House, was lost in the Senate. As ha..
already stated, the bill was lost in the House o
Representatives. 1t drew its last breath there
That House never lei 20 its hold it after tn,
report Of the committee Of conference. But II
held it, it retained it, and Of course, IT died in III
possession when the House adjourned. II /, 10 be