The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-01-26

" the constitution That after congress
should receive notice Of such ratification,
"elcctors should be appointed and senators
"and representatives elected" that sena-
tors and representatives should meet on the |
day assigned "by congress" for the com
mencement of proceedings under the con-
stitution that the senators should appoint |
a president of the senate for "the sole pur
"pose" of opening, receiving and counting |
votes ard that after the president shall |
be chosen, ''the congress, together with |
" the president, should without delay, pro-
"ceed to execute this constitution"
Conventions were called in the several |
states, and more than nine states having |
ratified the ccnstitution-New York, the |
eleventh state, asserting thereto, June 90,
l7S9-the congress Of the confederation
assembled IN New York, September 10,
1888, and, after setting forth the resolution
adopted September 1887, the submission of
the constitution to the several states, and
its rattle ltion in the manner therein de-
clared To be sufficient for the establish
"ment OF the same, adopted the following
resolution; "Resolred, That the fl rst
Wednesday in January next be the day
for appcio,ing electors in the several
states, which, before the said day, shall
" have ratified the said constitution; that
" the first Wednesday in February next be
"the day for the electors to assemble in
their respective states, and vote for a
president and that the first Wednesday
" in March next he the time, and the pres
g mencing the proceedings under the said
" constitution
Although congress had no power, either
under the articles of confedera ion or the
inchoae constitution, or granted it by the
several states, To give any binding force to
this recommendation, it was practically
assented to. The electors we're appointed
AZ therein recommended, and voted tor
president and vice president, the election
determined, senators and representatives
elected by the several states; and "pro-
- ceeding5 commenced under the const-
"tution" on the first Wednesday, being the
fourth day, of March, 1880, by the meet
ing of senators and repre- scntatives from
the eleven states which had then ratified
the constitution. A quorum, however, of
neither house appeared on that day, ard
the house of representatives adjourned
from day to day until Wednesday, April l.,
when quorum, a majority of the whole
number elected, being present, it elected
speaker md clerk, and proceeded to
business. SO the senate adjourned from
day to day until Monday, April 6, when a
quorum being present, "the senate, as the
record hath it, proceeded, by ballot, to
1.-THE choice of a president. for the sole
purpose Of opening and counting the
votes for president of the United States. y
The electoral votes were opened and count
ed, in the presence of both houses, Washing
ton found to be elected president, and John
Adams vice-president. and then, the house
retiring, elected its regular officers and
proceeded TO business. John Adams ap-
peared and assumed the chair as president
of the senate, April 81, while Washington
was not iraugurated as president until
April 80.
From that day to the passage of the first
apportionment act, April IA, 1892, the
fourth of March was accepted as the day
for the commencement Of the terms of Of
flee of representatives and senators in con.
.gress, solely because on that day it was
held that proceedings commenced under
the constitution" Since April IA, 1902,
that day, as the day of the commencement
of the term of Office, has, by implication,
at least, the sanction of law that and al
other apportionment acts-made in,medi
ately after the completion OF each decennia
census-providing that 'from and after the
"third day of March," etc, "the house Of
representatives shall be composed" etc
The constitution being silent upon the sub
ject, the day having been fixed, first by {
resolution of the congress of the confedcr
alton, second by accident of the first con
gress converting on that day, and third by
an inference of law, it would seem that the
congress could provide for the day wher
the terms of representatives shall com
mence, especially as the constitution gives
, it the power "to make all laws which shall
"be necessary and proper for carrying into
execution" the constitution.
In what we have said, we have pro
ceeded upon the supposition that thu
nature of the proposed amendment is cor
rectly stated in the associated press report
if, however, the amendmenJ also, pro
poses to make the terms of office of til,
| president, vice-president and senators com
) mence on the first day of January, then
perhaps, an amendment TO the constitution
may be necessary. IL is noticeable tina
while the constitution says that 1.-THE hous,
; " OF representatives shall be. composed o
= " members chosen every two years." i
expressly provides that senators shall b,
chosen 'J0r six years except in cases O.
vacancies-and that the president ''shal
" hold his office during the term of fou
years. aud that the vice-president shall
, be 'chosen for the same term"
= Without stopping TO consider this sub
lect any further, we may say, in conclu
/ sion, that however it may be with senators
{ it is difficult to soc how, under the consti
tuition. Washingtons second term coulC
have been construed as commencing Marcel
, 4, 1888; or how, now, the commencement
of The terms of Office Of the president, vice
president and senators can be changed
whether the day is now fixed by law o
custom--except by an amendment to tn,
constitution, as any change must necessar
lily result in making their respective term
of Office little longer or shorter than al