Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1836-02-11

'''N "S'e 'o-udy NJ IL d CIoCk; our lOnr-
nal Is dated January I4th, and if we should
remain here until 5 o'clock tomorrow MORN
ing land the Senate had sometimes sat 50
lste) our proceedings would still bear date of
the l4th of January; they would be so stated
upon the Journal aud the journal is a record
and is conclusive record, so far as respects
the proceedings Of the body.
\ 1t is SO in judicial proceedings. 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 hap
pened to remnn so long in deliberation that
they did not bring in their verdict till after
twelve o'clock, is it 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 prescribes as the last day? 1t
would be easy to show by authority, fauthor-
ity could be wanted for thing, the reason
OF whhh is so clear, that the day lasts while
the daily session lasts. When the court or
the legislative body adjourns 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 impor-
tant and much litigated measure, actually re-
ceived the signature of our presiding officer
after IL O'Clock, was then sent to the Presi-
dent, and signed by him. | do not affirm this,
because ! took no notice of the time, or do
not remember 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 it, no propri-
ETY. in it. AS yet, it has been applied only to
the Presidents Intercourse with the Senate.
Certainly it is equally applicable to his inter-
course with both Houses in legislative mat
ters: and if ii is to prevail hereafter, it is of
much Importance that it should be known.
The President Of the United States. sir,
has alluded to this loss of the Fortifcation
bill in his message at the opening of the ses-
sion, and he has alluded also, in the same
message, to the rejection of the vote of the
three millions. On the first point, that is, the
loss Of the whole bill, and the causes of that
loss, this is his languages:
"Much loss aud Inconvenience have been
experienced in consequence OF the failure oi
the bill containing the ordinary appropriations
for tortiications, which passed one branch OF
the National Legislature at the last session
but was lost in the other"
/ If the President intended to say that thu
bill, having originated in the House of Rep
resentatives, passed the Senate, and was ye
afterward lost in the House Of Representa-.
tives, he was entirely correct. But he has
been altogether wrongfully informed, if he in
tended 70 state, that the bill, having passed
the House, was lost in the Senate. Az have
already stated, the bill was lost in the House
of Representatives. 1t drew its last breath
there. That House never let go its hold on
it after the report Of the committee of confer
ence. But it held it, it retained it, and of
course, it died in its possession when the
House adjourned. 1t is to be regretted that
the President should have been misnformed
in matter Of this kind, when the slightest
reference to the two Houses would have en-
hibited the correct history of the transaction.
| Irecur, again, Mr.. President, to the pro-
posed grant of three Hialons, for the purpose
Of stating somewhat more distinctly 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 this ground
the stronger was, that the proposed grant was
defended, SO far as it was defended at all
upon an alleged necessity, growing out of our
foreign relations. The foreign relations of
the country are entrusted by the constitution
to the management of the Executive Govern
ment The President not only is supposed
to be, but usually is, much better informed on
these interesting subjects than the House of
Congress. IF there be danger ofrupturc with
Il foreign state he sees it soonest. All our
ministers and agents abroad are but so many
eyes and ears and organs to communicate to
him whatsoever occurs in foreign places, and
TO keep him well advised of all which may
concern the interests of the United States.-
There is an especial propriety, therefore, that,
in this branch of the public service, Congress
should always be able to avail itself of the
distinct opinions and recommendations OF the
President
/ The two Houses, and especially the House
of Representatives, are natural guardians OF
the peoples money. They are to keep it
sacredly, and use It dscreetly. They are
not at liberty to spend it where 1t Is not
needed, nor to offer it for any purpose till n
reasonable occasion for the expenditure be
shown. Now in this case, repeat again, the
President had sent us no recommendation tor
any such appropriation; no department had
recommended II; no estimate had contained
it; in the whole history OF the session, from
the morning of the first day, down to eight
o'clock in the evening OF the last day, not one
syllable had been said to us, not one hint sug-
cested, showing that the President deemed
any such measure either necessary or proper.
stated this strongly, sir, but ] stated II truly
] stated this matter as IT Is, and ! wish 10
draw the attention of the Senate, and of the
country, strongly to this part Of the case. ]
say again, therefore, that when this vote for
the three millions was proposed to the senate
there was nothing before us showing that the
President recommended any such appropri'
alton. You very well know, sir, that this
objection was Immediately stated as soon s'
the message from the House was read. w,
all well remember that it was the very poin
nut forth by the honorable member from Ten