Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-17
REP. PARKER'S REPORT
THE FOURTH OF MARCH NEVER
SANCTIONED BY Law.
How the Day Came to Be Adopted
Difficulties and Remedies Consid-
cred for Changing It.

Representative Parker Of New Jersey has
contributed some valuable additions to the
data on Inauguration day. He was ap-
pointed special subcommittee Of one to
investigate the subject by the House COM
mittee on the Judiciary. What Mr.. Parker
found in this investigation he has set forth
in writing for the benefit Of the committee.
The discussion as to the day on which
the Inauguration of the President should
be celebrated, he says. has excited public
interest and involves questions OF graver
importance than the comfort OF the crowds
who gather upon that day, or than the risk
to the President himself by exposure to
cold and stormy weather. The date of that
Inauguration has made a short session al
most necessity. and that session Is held
by the old President and Congress after the
election of new President and the new
Congress- so that active legislation Is some-
times carried on by men. many Of whom
know that after a few months they will
have no further share in the government.
Such condition is anomaly In admin
istration and cannot serve the welfare of
the country. The original resolution, pro-
posing to postpone the Inauguration to
April 80. would only lengthen the time be-
tween the November elections and the term
OF the new Congress, and thus extend the
months Of this short session, unless the
election Itself were postponed to the spring.
Remedies Suggested.
1t has been often suggested as remedy
that Congress should meet In March follow
ing the election. The farmers love for his
crops made this impossible in the begin
ming of our nation. when Congress was
made up Of farmers. More recently. and
since the Capitol was established at Wash
ington. Congress has also had to consider
the great heat of the weather in that pla ce
during the late spring and the summer, and
1or these reasons there has been an lncon-
querable repugnance to beginning the ses-
sfons OF Congress in March.
Thus 1t happens that the new Congress- ia
not sworn In until December, and never
theless Its members-e.ect are paid from
person is admitted. there is double nav for
all this time. All sorts of evil consequences
now from the postponement Of the meeting
OF the new Congress for over year and
one month after its election and for nine
months after the beginning Of the congress
sional term, and still greater evils come to
pass from holding short session after the
election OF the new Congress. There is.
however, a different view held by others
namely. that it Is advisable to let partisan
feeling cool after election and for that pur-
pose delay the institution Of the new ad-
ministration. 1t Is fair to state this view
though do not share it.
History Of the Day.
1t Is Of historical interest to see how the
present state of affairs came about We
get little information from the Constitution
itself. That instrument is strangely silent
on the great question of how it was to be
put into operation. 1t tells us that it shall
go into effect when it shall have been ratf-
fed by the conventions Of nine states (arti-
Gle VID:
1.-THE ratification Of the conventions of
nine states shall be sufficient for the estab-
lishment of this Constitution between the
states so ratifying the same"
1t declares also, in article I, section 4,
that the times, places and manner Of mold
ing elections for senators and representa-
ttves shall be prescribed in each state by
the legislature thereof" subject to change
by Congress; that the Congress shall as
semble at least once in every year. and that
"such meeting shall be on the first Monday
point different day" So far it seems
plain that after nine states shall have rati-
fled the Constitution by their conventions
each state might hold an election for mem
bers Of Congress, the legislators would
choose senators, and. unless otherwise pro-
vided by law. Congress would meet on the
first Monday In December thereafter. It
would seem as II the government Of the
United States under the new Constitution
was expected to begin on that day, so far
as that Constitution speaks.
But the place Of meeting Is left absolute
ly underlined by the Constitution. There is
still more uncertainty and difficulty under
the terms of the instrument about the cleo
ton Of President. By article 2. section /.
each state was to appoint the electors in
such manner as the legislature might d.
rect, and the Congress might determine
1.-The time Of choosing the electors and the
day on which they shall give their votes,
which day shall be the same throughout
the United States" Until Congress should
exist and should fix the time for choosing
electors. the states could probably proceed
to make that choice without Limitation
DIT t1A do rry1f 11,. 81 OH -
should meet and vote was to be the same
within the United States and could not be
determined except by Congress.
How this was to be done when there was
as yet no Congress, and how then the first
election of the President was to be held,
are not gathered from the Constitution.
And whether this time could be fixed for
choosing President by concurrent resolu-
tion Of the two houses, or whether the
states should take the responsibility of pro-
ceeding with the meeting of the electors
each for themselves. would likewise seem
to be a question of doubt. However, with
the Constitution alone to guide u.s. 1t would
be supposed that the electors would pro-
coed to hold their meeting in the several
states at such time as the states should
think proper, and that the clause Of the
Constitution Just recited that Congress
should fix the day of election would be left
in allegiance until there should be Con-
gress. including a President, to make this
regulation.
How the Day Was Selected.
It was by a sort Of common consent
(though not by terms Of the Constitution it.
selO submitted to the congress of the con-
federation to determine when and where
the new government should go into effect.
It may be that the assent Of the congress Of
the confederation was not necessary, but 1t
was desired.
We have no report Of the proceedings and
debates OF the congress Of the confederation
at that time. but In the resolutions which
were proposed and adopted this question as
to what should be the status between the
stitution and those who should stay out
was wisely left In the background. It is
apparent. however. that there was much