New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-02-13
THE FEDERAL YEAR.

THE FEDERAL YEAR.
The Pittsburg Dispatch" condemns as
hay constitutional law" our recent
criticism of the statement Of certain
members of the House Judiciary Com
nittee that the liking of inauguration
day on March t was not validated by
any constitutional or legal enactment,
but was simply the following of prec-
edent' THE Dispatch holds that the
action of the Confederation Congress,
which was TO be wiped out by the Consti-
tuition. could not have the force Of a stat
ute or, in fact, any force whatever, after
the federal Constitution went into effect.
1t seems to think that in spite of the fact
that the Congress designated the first
Wednesday in March as the date on
which the terms of the President and
Eice-President and of members of the
two branches of Congress should begin.
thus mechanically giving a fixed point III
the calendar from which to compute the
four and two year terms mentioned IN
the Constitution, the federal Congress
could after assembling have properly
disregarded any such limitation and
proceeded TO rearrange the terms of the
President. President and members
Of Congress, so far as the date of be
ginning was concerned. Thus The Dis
patch says:
We believe that an act of Congress
fixing the inauguration day and begin
ming of the term Of President on April
50 would be a valid enforcement of the
strict letter of the only direct cOnstitu-
tional enactment on that point. 1t is
history that while proceedings under the
Constitution may have tried to com
mence on March 4. 1884, George wash
ington did not begin to hold his office
until April 80 Of that year. Strict ad
herencc TO the letter Of the Constitu-
ton would, therefore, have fixed the
presidential term To tour years from
that date.
This statement is based on several
misunderstanding. IN the first place
neither President Washington nor any
body connected with his administration
! ever held that his first term as Presi-
dent began on April 50, 1889. He was
! inaugurated on that date, but there is
no provision in the Constitution requir-
ing President TO be inaugurated on the
day on which his term begins. The fore
most American authority on cunStitu-
tioDal law passed d very definite judg
ment on that point. John Marshall as
Chief Justice. was asked to pass on the
question whether or not President
elect should assume Uffice on the day on
which his term began, that day being,
In the instance referred TO- Sunday
He replied in 3 well known letter that
the term of the President began in every
case at midnight on March 4. but that
he was under no obligation to assume
the duties Of the Presidency at that
moment, taking the oath of office and
beginning 10 exercise the powers attach
ing to it at his convenience The ex
ample Ct Washington was cited as one
proving that any reasonable delay IN
entering upon the duties of the office
was neither forbidden nor inexpedient.
If President Washington or anybody
connected with the Washington admins
tration had supposed that the first Presi-
Dental term began on April 80, friction
would necessarily have occurred when
the time for the second Inauguration ar
rived The Constitution says that the
term Of the President shall be four
years. Washington could not constitu-
tiCna1ly have ended his first term on
March 3, 1893. and begun his second on
March 4, 1893, if he had really become
President on April 80, 1889. His second
Inauguration, on March 4. 1893, and the
Inauguration of a successor at four
wear intervals ever since prove CON
clusively, taken Ill connection with the
ruling of Chief Justice Marshall ana
all other rulings affecting the com
penSation AMI terms Of presidents, vice
presidents and members of Congress,
that the federal year runs from March
4 TO March 4, and must so continue 10
run until the Constitution is amended
Should Congress, as The Dispatch
suggests, attempt 10 pass a statute
under which the President, the Vice
President and members Of Congress
should continue in office and draw
salaries from March 4, 1913, until April
80. 1913. the courts would undoubtedly
decide that there was no warrant for
the payment Of salaries for the extra
period or for the extension Of the con
stitutional powers Of amy Of these Of.
ticers beyond the fixed limit of two years
dating from March 4 of any given year
for which they were elected
The Congress OF the Confederation I'm
d0ubtedly exercised no warrant given it
by the Constitution in selecting the date
on which the new scheme of government
should become effective, but 1t performed
a necessary service in compliance with
the only authority capable Of suggesting
q plan for putting the Constitution into
operation. Its act was one of political
necessity. v mich, once executed and TAX
ing effect through the consent Of the
executive and legislative officers chosen
under the Constitution, became az Ell