The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-05

THE PRESIDENT AND CONGRESS.
A dispatch from Canton, referring to the
coming of President Mckinley, said he
would return to Washington by Monday
adding:
1t is necessary for the President to be at
the capital in person for the opening of a
session of Congress to receive the joint
committees from the two houses, and until
this committee has waited on the President
and received his communication the regu-
litr business of Congress cannot proceed.
This is a mistake. There is nothing in the
Constitution or laws requiring the Presi-
dent to be at the capital when the session
of Congress opens. AS matter of fact, the
President has always been in Washington
at the opening of Congress, and it is Gus
tomary for the two houses to appoint a
joint committee TO inform him of their or
ganization and readiness for business but
this is not required by law. 1t would be a
strange provision of the Constitution that
should make the legal opening of Congress
dependent on the presence of or recogni-
ton by the President. If that were so, a
create trouble, could paralyze the legisla-
tive branch of the government by absenting
himself from the capital to prevent the
opening of Congress. The trainers of the
Constitution did not construct any such
traps as tbs I. The President has nothing
to do with calling the regular sessions Of
Congress or with the legal opening Of the
body. The Constitution does not even pro-
vide that the Presidents annual message
shall be laid before Congress at it's opening.
In fact, it does not provide for an annual
message at all. 1t says: 1.-THE President
shall, from time to time, give to the Con-
gress information as to the state OF the
Union, and recommend to their considera-
ton such measures as he shall judge neces-
sary and expedient." That is the only pro-
vision on the subject. The word mes
sage" nor the phrase annual message, does
not occur in the Constitution. The Presi-
dent is simply required to give Congress in
formation of the state of the Union from
time to time Custom has established the
rule Of an annual message, but a message
once in two years would be equally a COM
pliance with the requirement that he COM
municate with Congress from time to
time" Congress is not obliged to wait for
the Presidents annual message before pro-
ceeding to business, nor to inform him of it's
organization. These are matters of custom
and courtesy merely, though it is a good
form of procedure and conducive to the or
derby transaction of business. 1t will be
observed that the Constitution does not re-
quire the Presidents communication to
Congress to be in writing, nor does it say
whether he shall deliver it in person or send
it by messenger. If he should appear be-
fore Congress in person and deliver his
message in the form of a speech, in other
words, inform Congress orally as to the
state of the Union, that would be a COM
pliance with the Constitution. Washington
adopted the plan of appearing before Con-
gress in person and reading his message
during his two terms of office, and it was
also the custom for each house to adopt an
address in reply to that of the President
which was generally a very perfunctory
performance. In each of his annual ad-
dresses Washington addressed, first, Eel
low-citizens of the Senate and House of
Representatives" next, Gentlemen of the
House Of Representatives" and, finally,
Gentlemen of the Senate" He adhered to
this form throughout his term of office, and
so did his immediate successor, John
Adams. Jefferson. in his first annual mes
sage, in 1901, said, "Fellow-citizens of the
Senate and House of Representatives" In
his SECOND annual necSa 90 he cold ssnro +ba
Senate and House of Representatives of the
United States" He adhered to this form
five years, and in his sixth annual message
in 1906. he said, ITO the Senate and House
of Representatives of the United States of
American in Congress assembled" In his
next message he went back to the simpler
form, ITO the Senate and House Of Rep
resentatives of the United States" and he
did not change any more. Madison went
back to "Fellow-citizens of the Senate and
House of Representatives. That continued
to be the form of address for a great many
years. but was finally changed ITO the
Congress of the United States, which is
the present form. These changes show that
the question as to the proper form of adj
dressing the Congress has been considered
by several Presidents. The constant tend
ency has been towards directness and sim
plicity. Jefferson was the first President to
send his message to Congress by a messen-
ger, and this custom has prevailed ever
since. In all this the important point to
bear in mind is that the meeting or opening
of Congress in regular session is in no way
dependent on the presence of the President
at the capital or upon his sending in mes
sage. The President may convene Congress
in special session, but he has nothing to do
with the opening or closing of the regular
sessions.
AFTER THE EARTH