The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-27
CONCURRENT REVOLUTIONS.
when They Require the P-eside.cs signn'
ture-Sableet Natter, Not Form, Decides.

ture-sabjeet Matter, Not Form, Decides.
WASHINGTON, Jan. 26.-Under the direction
Of q resolution OF February last. the Senate
Committee on tho judiciary to-day reported
upon tho question Of whether or not concur
rent resolutions require the signature Of tho
President. The report. which was dra wn up
by Senator Hill. states that II depends not upon
the nero form Of the resolutions. but upon tho
fact whether they contain matter which 10
properly to DO regarded as legislative in its
character aud effect. II they do. they must
DO presented to the President for his approval.
otherwise they need not DO. In brief. the ma
turo or substance Of the resolution and not II,
form controls the question Of its disposition.
The section of the Constitution bearing on
the subject reads:
Every order. resolution. or vote, TO which the
concurrence OF the Senate and House OF Representa-.
tives may be necessary except on q question OF ad.
1~ournment) shsli be presented to the President Of
the United States: ard. before the same shall take
effect. shall be approved by him. or. being dlsap.
proved by him. shall be repassed by two .thirds OF
he Senate and House Of representative according
to the rules and limitations prescribed In the case
OF . bill.
The report says that the phrase ito which he
concurrence may be necessary" should he held
to refer TO the "conurrence' made necessary
by tho other provisions OF the Constitution
and MT To the mere form OF the procedure: so
that no mere resolution Joint. concurrent. Or
" need be presented to the President
for his approval unless IL relate TO matter OF
legislation IN which the Constitution requires
the concurrence Of both Houses of Congress.
and the approval OF the President: in other
words. unless such Congressional action be tho
exercise OF legislative powers vested in Con-
gress under the provisions OF section ]. Art. /.
In the third session of the Eleventh Con-
gress. says the report. President Madison APP
proved a Joint resolution relative to the atti-
tudo OF Spain and setting forth tina. under
the peculiar circumstances OF the existing cri-
sis. the United States cannot, without serious
inquietude. ice any par: Of the said territory
,,sdjoining the southern boundary OF the
eign power" &C. This Joint resolution. the
States and declared u certain policy for the
Government to pursue. and hence its passage
was properly REGARDED as the exercise Of legis-
lative. powers- 1t has been the uniform prac-
tice OF Congress. except in the few Instances
In the very early Congresses. TO present all
Joint resolution. TO the President for his ap-
proval and for the President to act upon the
same.
With respect to concurrent resolutions. II
is pointed out that for more than a hundred
years they have been uniformly regarded by
all departments OF the Government as matters
peculiarly within the province OF Congress
alone. They have never embraced legislative
provisions proper and have not been deemed
to require +! ecutivc approval. This construc-
ton OF the Constitution. acQuiesced In for q
century. must be deemed 10 DO the true con-
stru:tion with which no court will interfere.