The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-01-02

sent it, was received in the House with language Of re-
proach. Faction may rail against IL Abolition may
hawk at it, But in the meanwhile 1t has gone to the
country with healing its wings and TO the world
other evidence that the American people advancing in
their Of peace and power with gigantic strides and
crowned with the emblens Of enduring prosperity and
rational liberty.
THE HOUSE OF REPRESENTATIVES, AND THE
PRESIDENTS MESSAGE.
The scene in the House Of Representatives when the
Presidents message was communicated to that body on
Monday last suggests much material for comment We
not disposed to refer to the Of the majority who
naturally irrtated by their divisions, and by the fac
that they have been unable bring enough Of their
together to elect presiding officer, were prompt 10 seize
any occasion to exhibit the prevailing luminosity Of the
old wing leaders who have particular charge of the
fusion forces in the House, and do not doubt that lit
tie reflection has already suggested to those most claor
against the reception and reading of the Presidents
message the undgned appropriateness of the in
which they We PROPOSE therefore, such ref
the duties Of the Executive will clearly
exhibit the strength of the position taken by the demo-
of the House. and show the imperative obligations
which devolved upon the President when in his opinion
public demanded that the message should be
municated
The constitution of the United States provides that
Congress shall assemble at least in every year. and
such meeting shall b the first Monday Of December
unless they shall by law apponta different day" 1t fur
Their provides that e House g Representatives. shall choose
their Speaker and other officers"
These being the provisions of the constitution it is the
duty Of the President to take it for granted that Congress
has assembled in conformity with them.
These provisions evidently contemplated that the meet
ing of the two houses the first Monday in December
the session of Congress- and that the House
OF Representatives is assembled and is recognised by the
constitution House of Representatives before the cleo
ton Of their Speaker.
Congress- then being in session. the question arises
the power and duty of the President practice has
sted founded alone upon supposed idea Of courtesy be-
tween the different departments of the government that
the houses shall formally notify the President that
they have assembled and are ready to proceed 10
business. This practice has given Importance to the
idea that no Congress is in session until organ
ization has been completed and the President notified
thereof but it is not founded, will be seen upon
any provision of the constitution Ordinarily 1t would be
the duty Of the President in conformity to this longestab
shed usage await this action of the bodies but
an emergency like the present he look not
usage but to the provisions OF the constitution We
have referred these provisions for the purpose of showing
that the President must take it for granted that the cons
tuon has been complied WITH that House OF Representa-
tves has been elected by the people, and that It's members
have assembled in conformity with the requirements of
that instrument
In looking at the constitution for the duties imposed
upon the President find them clearly laid down in the
following provision in I'D Sec I'd art;
" lie shall from time 10 time gire The Congress informo
If the of the Union aud recommend 10 their cons
such he shall necessary aud
lie may extraordinary Occdon both Aoases or
either efhem," dc.
This provision contemplates that no emergency shall
arise when the President communicate to the
Congress Of the country any Information which be may deem
important to be known Congress is in session. il is his
duty TO communicate to them forthwith such inform alton II
Congress is not in session. then would be his duty to con-
vene the two houses for this purpose No preends the
latter Is the true Of the Had the President issued
proclamation converting the two houses it would have
been subjected to just criticism by his opponents who
would not have failed TO denounce his conduct in unneas
ured terms The argument thus presented in nutshell
Congress is either in session IL is II 1t Is in
sion then the communication Of the President is author
lied by the constitution lift is not, then be would be re-
qured to issue his proclamation converting both houses
We apprehend will contend that the latter
would have been the proper in the present state Of
things and yet the the other course have
been adopted by the President he would have failed to
discharge that duty which the constitution seems to de-
maud Of him in any and all emergencies
Another point made in the of the debate on
Monday in the House which, to our minds seems equally
indeensble II coutended that whilst the President
could communicate either house Of Congress when in
his opinion his duty required him do So yet It was at
the option Of that house receive reject bis comuuni
cation reference TO the provision Of the constitution,
well It's spirit and intent would refue
this idea The language Of tho constitution s that he
1.-THE PresideuD shall from time 10 time give to the Con-
gress information of the state Of the Union" &C.
There is imperative duty imposed upon him in this
provision II does not provide that he may that he
shall ask aud obtain leave to communicate but in the
most unqualified and Imperative language It Is made his
absolute duty from time time give to the Congress
informaon &c. This positive duty imposed upon the
President in judgment imposes upon Congress the
responding duty to receive and bear the information
communicated otherwise II would not be in the power
Of the President at all times to discharge the duty
which the constitution imposed upon him. The true
theory and view Of the constitution seems to US 70
be- that when the President shall, In obedience TO
the commands Of the constitution give TO Congress such
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