The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-25


has been no way TO ascertain the division OF sentiment
between the two houses Now, il this be So
-, Mr. DAVIS OF Mississippi. Allow me to say one word
Inc senator from Indiana was coming TO The same con
cluslon by shorter route We can disagree, and then
Tecede.
MIR WEBSTER Certainly.
Mr. UNDERWOOD Then the first question is upon
concurrence. One word more upon the point OF or
Mr.. FO0TE have made regular point of order,
connected with the organization of this body and am
entitled by all parliamentary rules, to be heard.
The CHAIR The senator will state his point OF order
Mr. FOOTE My point of order is that the hour of
midnight having evidently elapsed no senator of the Uni
ted States whose term of Office expires the 4th of
March, IN the beginning OF the morning has right to
Mr.. UNDERWOOD Mr. President
Mr. TURNEf. Will the gentleman allow me word
upon the question of order?
Mr.. UNDERWOOD will allow the question of or
Mr.. TURNEY. What have to say upon the point of
order shall be stated very briefly. What propose first
TO inquire Is, whether have any President OF the
United States or mol III So as be WAS lnausuraei on
the 9TH day of March, 1885, then when does his term OF
office expire The law knows no fraction OF days You
cannot divide day in the middle He receives his COM
pensation from the 4th day Of March, Si5. The const
tuon fixes his term at four years Now sir, computing
from the 18th OF March, 1915 and including that. four
years will you end upon the 18th of March, and include
that also? Is legal 20 include both days in fixing the
duration OF the term OF four years. ..
Sir, MAINTAIN that the moment the 81 OF March was
gone, this nation was without Chief Magistrate. The
very instant that the 81 day OF March had depared that
very instant we without President OF the United
States; and all The powers pertaining 10 that high tunc-
tonay devolvel upon the Presiding Officer Of this body
Now, Mr. President, have another question TO pro-
pound What has been the rule, ever since the ounda-
ton OF this government IN compiling the time for mem
bers of Congress in both houses' would like to know,
strand the Secretary inform OF the rule IN this
boiywhethe he has ever IN any one instance, paid
member for the 4h OF March, at the end OF his term in
consequence OF the Presiding Officer refusing 10 adjourn,
rather refusing to entertain the motion 10 adjourn Has
pay ever been allowed in such cases. BY what altho-
to- than nQIffI hara2
paid for duties upon this day, is it legal under the
constitutions for us to perform services upon this day
Can legally enact laws or transact public business
upon this day, any more than any other citizen OF the
Mr.. UNDERWOOD Will the gentleman from Mis-
sisspp red lace his point OF order to writing
Mr.. FOOTE complied, AID sent 1t to the CHAR as
above stated
The PRESIDENT That is not point OF order
Mr.. TURNKEY | appeal from the decision Of the
Chair, that this is point of order The Presiding OF
cer has refused to adjourn or entertain motion to adj
lourn. =
to adl ourn. Inc proposition OF the honorable senator
from Mississippi is that senators whose term OF service
has expired the 18th of March, in the beginning OF the
morning, have right to vote; that is all. That is no
point OF order at all. The question may arise when
those senators propose TO vote.
The CHAIR stated the question upon the appeal taken
by the senator from Tennessee.
| Mr. TURNKEY | have not yielded the floor upon the
point of order, and do not intend to until have iish-
ed my remarks This question involves the question
that question best be decided by the question which
popouaded 10 the Chair. The Chair can learn through
the Secretary what has been the uniform practice
| of this government from its formation down TO the
present time; whether 1t has ever been to pay any
member of this body his per diem for the fourth day OF
March at the short session OF Congress- whether the
account has not always and uniformly been made out,
including only the third day OF March MT. President,
in your recollection have you ever received compensa-
ton for the fourth day of March at the end OF the short
session? Did you know of any one, or did you
ever hear OF any one, who had? Did you ever know
Congress not to adjourn within one or two hours OF II
O'Clock on the fourth of March after the short session
am free to admit-athough it was in violation OF the
consitul!on-although II was hazardous legislation
that Congress have sometimes exceeded the hour OF ~
and still assumed 10 act Congress; but II was only
for or two hours and that for the purpose OF wind
| ing up public business. But challenge CONTRADICTION
You cannot show bill, or act, or Joint resoiu-
ton which passed and approved and dated on the
4th OF March after the short session of Congress since
the foundation OF this government challenge the ex-
animation OF your legislative enactments passed at the
short session. Where you find me single one bear
ing the date OF the ih Of March since the foundation OF
this government | deny that it has ever been done
deny that such an act or resolution can be found
up to the present day And why has it always been the
heretofore that at the termination OF the presidential
the President has been sworn in the 18th day
OF March, but to-day he is not to be indicted into that
Office until the 5h? ask senator's, ii we have right
to-day to proceed with the Inauguration because is the
Sabbath, by what authority can we go on and enact
laws upon this day This is the 4th of March, and not
the 3D. This is The day upon which the presidential
term commences; and the last presidential term mus
have ended Yesterday, the law regarding fractions
| OF days. Senator's need not make an argument about
the hour when the President is in. If that
the rule you would have to keep record of the
minute when each President takes the oath OF Office, and
| is declared Chief Magistrate OF the nat en-. Would not
that be practical absurdty'
challenge gentlemen to show where Congress as
been in session the Ah day oil March, after the short
session of Congress- for legislative purposes Ii such
thing has occurred they speak what upon
the Journal for the journal says nothing about any such
session Here have, for the first tme far beyond
authority, and II shall be placed upon the Journal to
be known and read OF all how the Senate has tran
scended lis time that men may Judge Tor themselves upon
what authority you were acng and what force your acts
have in law II is shown by the record that it is ut
tey without precedent; it is shown by the compen atie
given TO members, that they have never received their
per diem for the h of March at The close of the short
session; and shall be shown by the record tn al
have without precedent and without authority
tinued our legislation after the expiration of this Con-
gess ana it shall go forth to the people to say whether
they will sanction these pi oceedngs.
! A SENATOR. Will the senator withdraw the appeal
Mr.. TURNEY. Having expressed my views upon the
subject care nothing about the appeal and will with
draw it.
| Mr.. UNDERWOOD I will now submit, if the Senate
will be kind enough to hear few moments, the e.
mining observations which was about TO make. We
must bring this thing 10 close. There is rule which
forbds members speaking more than twice. Most OF
us have spoken twice, If not more than twice Here
alter shall insist upon the enforcement OF that rule and
that will bring TO conclusion, to some extent if we
have no shorter mode by which to arrive al it,
| have one remark more TO make, Mr., President.
ask my friend from Mississippi, Mr. FoorE,l ask my
friend from Tennessee lMr ruRSEY,l ask other gem
tlemen on this floor who that they have constu
tona to act here, ask them if it fair if is
right, If II is generous, if it is magnanimous their
part, when others differ from them upon this point to try