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

came from the committees, and before the
adjournment of the Senate. Having made
the report, sir, | have no doubt that both
I Houses would concur in the result of the
conference, and looked every moment for
the officer of the House bringing the bill.
He did not come, however, and pretty
soon learned that there was doubt whether
the committee on the part of the House
would report to the House the agreement
of the conferees. At first, did not at all
credit this; but was confirmed by one
communication after another, until | was
obliged to think it true. Seeing that the
bill was thus in danger of being lost, and
intending at any rate that no blame should
Justly attach to the Senate, | Immediately
moved the following resolution:
Resolred, That message he sent to
the honorable the House of Representatives
respectfully to remind the House of the
report of the committee of conference ap-
pointed on the disagreeing votes ofthe two
Houses on the amendment of the House to
the amendment of the Senate 10 the bill
respecting the fortifcating of the United
States"
You recollect this resolution, sir, having,
asI well remember, taken some part on the
OCCASION
This resolution was promptly passed I;
the Secretary carried it to the house and
delivered it, What was done in the House
on the receipt Of this message now appears
from the printed journal. | have no wish
to comment on the proceedings there re-
corded; all may read them, and each he
able to form his own opinion. Suffice it to
say that the House Of Representatives, hay
ing then possession of the bill, chose to re-
tain that possession, and never acted on
the report OF the committee. The bill was
therefore lost. 1t was lost in the House of
Representatives. 1t died there, and there
its remains are to be found. No opportuni-
ty was given to the members of the House
to decide whether they would agree to the
report of the two committees or not. From
a quarter past eleven when the report was
agreed to, until two or three o'clock in the
morning, the House remained in session,
If at any time there was not a quorum of
members present, the attendance of quo
rum, we are to presume, might have been
commanded, as there was undoubtedly a
great majority of the members still in the
city.
But now, sir. there is one other tronsac-
ton ofthe evening, which feel bound to
state, because think it quite important, on
several accounts that it should be known.
} nomination was pending before the
Senate for a Judge of the Supreme Court
In the course of the sitting that nomina-
ton was called up, and on motion, was in
definitely postponed. In other words, il
: was rejected, for an indefinite postponment
is rejection. The office, of course, re.
NAMED vacant, and the nomination of an.
other person to fill it became necessary
al
then in the Capitol, as is usual, on the eve
, ming of the last day of the session, in the
Chamber assigned to him, and with the
= heads of Departments around him. When
: nominations are rejected under these cir.
cumstanccs, it has been usual for the Pre-
sldent Immediately to transmit new nom
: ination to the Senate otherwise the office
must remain vacant till the next session, a'
the vacancy in such case has not happened
in the recess ofCongress. The vote of the
Senate, Indefinitely postponing this nomi
nation, was carried to the Presidents room
by the Secretary of the Senate. The Presi
dent told the Secretary that it was NOR,
than an hour past II o'clock, and that h,
could receive no further communication
J from the Senate, and Immediately after, a
e ] have understood, left the Capitol. Thu
5 Secretary brought back the paper con
l tanning the certified copy of the vote of thu
Senate, and endorsed thereon the substance
a of the Presidents answer, and also adde,
u that according to his own watch, it was
t quarter past one o'clock.
: There are two views, sir, in which thi
= occurrence may well deserve to be noticed
;, One is conneXion which it may perhap
i have with the loss of the fortificaton bill
g the other is, its general importance, as in
IL Producing new rule, or new practice
respecting the intercourse between The Pre-
l. sident and the House of Congress on tn
: last day of the session.
o On the first point / shall only observ
- that the fact of the Presidents having dc
a cined TO receive this communication froI
- the Senate, and of his having left the Cap
= tol, was Immediately known in the lIous
lie of Representatives that it was quite obv
J: ous that if he could not receive commu
l. nication from the Senate, neither could
S, receive bill from the House of Represer
tative for his signature. 1t was equal
'e Obvious, that il, under these circumstance
OF the House Representatives should agre
I'd TO the Report of the Committee of conie
ence, so that the bill should pass, it mus
OF fail TO become law, for want of the Pr
n sident's signature and that, in that cas-
ne the blame of losing the bill, on whomsoe
Id err else it might fall, could not be laid on Il
ne Senate.
e. On the more general point, must sa
n, sir, that this decision of the President, II
Ie to hold communication with the Houses
vt Congress after twelve O'clock, on the Sd
er March, is quite new. No such objection h
ID ever been made before by any Presder
l No one of them has ever declined comm
in ncating with either House at any tin
10 during the continuance of its session {