The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-03-09

The existence Of the 25,h Congress ceases Today
Journal 81 Commerce Of March Al
~ ceased Yesterday The legal term Of the goth
Congress commences today. Commercial Advertiser
spsning Of Mqreh4 An
The legal term of the 18th Congress We take n
terminated exactly the one housandth part Of an in
slant before the legal term OF the 25lh Congress com
m-nced. Consequently, II the 25lh Congress ceased
on Sunday and the 25th Congress commenced on
Monday, the two events must have happened al
midnight BY what right, then, did the 25tb Con-
gress continue In session ill o'clock The morn
ing Of the 4ih IL IL ceased 10 exst III midnight, by
whal law OF nature did H. or could u, act Two hours
The ethai Congress did not adjourn ill o'clock
AZ me AN, proof that the majority Of the members
; consider their constitutional functions ter
naa',ng al an earlier date.
| nyac,iThh congress expressed The same opinion,
5 n,y, by continuing In session the Senate till
mo,nn,, ana The House ill pasi o'clock, on the
' Thn s, ~ March Alb, 1887.
i Aae Soo congress expressed the same opinion
practically, by continuing in session IN clncL on
me morning oil March 4th 1885 On his occasion
me point now under consideration was discussed al
Among those who maintained ina, Is unaer Tho
i Constitution and practice Of the House i, was not
obliged To adjourn al II o'clock was Thai veteran in
legislation, Mr.. Mercer, Of Virginia, Mr.. Parker
took The same ground; remarking that the Frst
Congress did not convene till 10 or IL o'clock on The
4h, and that The functions of the Odd Congress woud
| not cease ill The same hour Mr. Cambreleng Mr.
SIhmtf, ana some otheTS TOOK The opposite ground
1 But although many motions were made 10 adjourn,
1 The Two Houses continued in session till the honr
| above indicated.
Here then is the opinion Of three successive Con-
crosses, that their term of service did not expire on
| the 3D., Gas the Commercial will have IT, but con-
4 linued into the 4th And we may add, that the same
/ opinion has been practically expressed by two sue
cessive Presidents, General Jackson and Mr. Van
Buren,, by sendilg Messages 10 Congress AFTER mid
| night of the 3D., in each Of The years above men
/ toned.
IL a Congress enae;s laws after IFS constitutional
existence has ceased Is plain thai those laws have
no more binding efficacy than the DEGREES OF ma
| MAC, !. e. none at all.
/ The Inauguration Of President takes place not on
| the Sd OF March, but on the 4lh. In short the 4h,
and the 81 appears to be The era for the change
Of administration No President elect ever attempted
TO exercise the functions of his Office until he had
been inaugurated, and taken the oath prescribed BY
the Constitution: indeed he Is expressly forbidden
by the Constitution from entering upon The execu-
ton OF his Office until he has taken said oath or
affirmation. {Art. Q, Sec, J., subdivision and %
Either then, there IL interval in which there is no
President Of the United States, qualified 10 act as
such, or one President continues in Office until his
successor is inauguraied l. e. until IL or o'clock,
/ al noon, on The 4th.
/ Article IL. sec. l. of tie amendments 10 the Con-
stituon, does mol initiate against this construction.
II does indeed provide that unless the House Of Re-
personalities, when choice is made by The people,
shall elect President "befoye the Alb of March, then
the Vice President shall act as President'-a very
proper provision because the House would pre-
viously have had three months in which 10 make the
choice and on the 4h the retiring President would
fulfill his term of office.-JoHr. Of Com.