State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-02-09
WHOLENO. S24.

| is more common than Tor both Houses to sit
Inter than ~ o'clock, for the purpose OF com.
petng measures which are ia tue last stages
of their progress Amendments are proposed
and agreed 10, bills passed, enrolled bills sign
ed by the presiding officers, and other impor-
tant Legislative acts performed often at or
O'Clock in the morning. All this is very well
known TO gentlemen who have been for any
considerable time members ofCongress. And
all Presidents have signed bills, and have also
made nominations TO the Senate, without OBJ
lection as to time, whenever bills have been
presented for signature, or wheneverit became
necessary TO make nominations TO the Senate,
at any time during the session ofthc respective
Houses on that day.
And all this, sir, suppose to be perfectly
right, correct and legal. There is no clause
J of the Constitution, nor is there any law, which
declares that the term Of Office OF members of
the House Of Representatives shall expire at
IL O'Clock at night on the Sd ofMnrch. They
are to hold for two years, but the precise hour
| for the commencement of the term of two
years is nowhere fixed by constitutional or lie.
gal provision. 1t has been established by u
sage and by inference, and very properly es-
tabshed, that, since the first Congress COM
menced its existence on the first Wednesday
in March, 1889, which happened TO be the 9TH
day OF that month"; therefore, the 4th Of March
is the day of the commencement Of each sue
cesslye term, but no hour is fixed by law to
practice. The true rule is, 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 COM
menced on that day continues, the day itself
continues, according to the established prac-
tice both Of legislative and judicial bodies
! This could not well be otherwise. fthe pre-
else moment of actual time were TO settle such
matter it would be material to ask, who
shall settle the time Shall it be done by
public authority, or shall every man observe
the tick Of his own watch II absolute time
is to furnish precise rule, the excess Of 4
minute, it is obvious, would be as fatal as ihs
excess of an hour. Sir, no bodies, judicial or
Legislative, have ever been so hypercritica, SO
astute to no purpose, 40 much more nice than
wise, as to govern themselves by any such
ideas. The session for the day, at whatever
; hour il commences, or at whatever hour it
breaks up, is the legislative day. Every thing
has reference to the commencemen OF that di-
urnal session. For instance, this ia the l4th
day Of January we assembled here to-day at
IL O'Clock our journal is dated Jan. 18th,
and if we should remain here until o'clock
tomorrow morning land the Senate has some
} times sat so late) our proceedings would still
| all bear date Of the I4th Of jan; they would
be so stated upon the journal, and the journal
, is record and is n conclusive record SO far as
respects the proceedings of the body.
1t is so in judicial proceedings If man
was 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 happen
ed to remain so long in deberation that they
did not bring in their verdict till after IL o.
clock, is 1t all to be held for naught, and the
man tried over again? Are all verdicts, judg-
ments, and orders of courts null and void, il
made after midnight, on the day which the
law prcscribes as the last day! 1t would be
easy TO show by authority, if authority could
I DC wanted for thing, the reason Of which is
= so clear, that the day lasts while the daily sea-
= sion lasts. When the court or the Legislative
= body adjourns for that day, the day is over,
c and not before.
S am told, indeed, sir, that, il 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-
n ant and much litigated measure, actually re-
ceived the signature of our presiding off 81
:, after 10 o'clock, was then sent TO the Prosi.
dent, and signed by him. do not affirm this
: because took no notice Of the time, or do moi
) remember it if | did but have heard the mat
3 ter so stated
Z | see no reason, sir, for the introduction al
J. this new practice; no principle on which il
e can he justified, necessity for il, no propri.
e ETY. in it. As yet. it has been applied only tc
d the Presidents intercourse with the Senate
a Certainly it is equally applicable to his inter.
course with both Houses in legislative matters;
is and if it is to prevail hereafter, il is Of much
I. importance that it should be known.
IS The President of the United States, sir, hal
i. alluded to this loss the Fertilization bill If
- his message at the opening of the session, ant
. he has alluded also, in the same message, e
y the rejection Of the vote Of the three millions
= On the first point, that is, the loss ofthe who'll
10 bill, and the causes Of that loss, this is his Ian
gu0ge:
re "Much loss and Inconvenience have beer
e. experienced in consequence OF the failure o
m tho bill containing the ordinary appropriation
II 80: Notifications, which passed ono branch O
SO the National Legislature at the last session
j. 'but was lost in the other"
l. If the President intended TO say that the bill
&c having originated in the House Of Represen
n tatives, passed the Senate, and was yet after
lv wards lost in the House OF Representatives, h
- was entirely correct. But he has been alto
ae gethcr wrongly informed, il he intended I
-. state, that the bill, having passed the House
:, was lost in the Senate. AS | have alread
~ stated, the bill was lost in the House Of ReI
esentatives. 1t drew its last breath there. Ths
'e' House never let 90 its hold on II aller the n
" port Of the committees of conference. But
he held it, it retained 1t, and Of course il died
its possession when the House adjourned.
", s to be regretted that the President shout
lot have been misinformed in n matter oil this kim
of when the slightest reference to the journals
of the two Houses would have exhibited the Co
as rect history Of the transaction.
nj. recur again, MIR President, 10 the prop'
~ sed grant OF the three millions, for the pupoi
ne of stating somewhat more distinctly the trl
nm grounds of objection to that grant.
] IL, II apyn.