Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-22

The text of Senator Barkley's address
3 last night on Lame Ducks and Con-
gresS," in the National Radio Forum,
arranged by The Star and broadcast
over a Nationwide hook-up of the CO.
lumbia Broadcasting System, follows
Ladies and Gentlemen:
Through the courtesy of The WASH
ington Star have been asked to dis
cuss the so-called lame duck" amend
ment to the Constitution of the United
States which has been pending before
Congress for many years, and which,
in one form or another, has been
under consideration by Congress ever
since the formation of the Government.
Before discussing the situation which
gives rise to this amendment 1t may
be worth while to discuss the origin
Of the date March 4. as the beginning
Of presidential and congressional terms.
1t will be remembered that the Con-
stitutional Convention which met in
Philadelphia in 1897 to amend and
strengthen the Articles of Confedera-
ton, under which the new Government
had been operating, had on September
II of that year submitted to Congress
a draft of the new Constitution. Con-
greSs by resolution submitted it to the
several States, with a proviso that the
ratification of nine of them should be
sufficient to establ \ the new Govern
ment under the Constitution, and that
when these nine had SO ratified. then
Congress should fix a date for the
election of President and for the be-
ginning of proceedings under the new
Constitution.
The Constitution was submitted the
various States selected delegates to a
State convention for the purpose of
considering it. and one by one the re-
quired number passed resolutions of
ratification. These nine States were
Delaware, Pennsylvania, New Jersey,
Georgia, Connecticut, Massachusetts,.
Maryland South Carolina and New
Hampshire. The other of the orig
inal 13 ratified subsequently. The
ninth State, occurred on June 81, 1913.
Fixed Election Date.
On September 13, 1888, about three
months after the required number of
States had ratified, the Congress, still
operating under the old Articles of
Confederation, proceeded by resolution
to fix a date for electing a President
and for the organization of the Gov
eminent under the Constitution in the
City of New York
1t fixed the first Wednesday of the
following January as the date for the
appointing of electors in the States,
which should have by that time ratified
the Constitution. 1t fixed the first
"Wednesday in February as the day for
the electors to assemble in. their respec-
tive States and vote for a President;
and it fixed the first Wednesday in
March following, which was the first
Wednesday in March. 1889, as the date
for commencing proceedings under the
new Constitution, in the city Of New
York, which was then the Capital OF
the Nation.
The first Wednesday in March, 1889
happened to be March 4, which was
purely an accident.
From September IS, 1888, to the first
Wednesday in March, 1889. it was neces-
sary to elect members of Congress, who
we're to assemble for the first ses-
1t was necessary to choose cleo
tors, who were to elect a Presi-
dent, and it was necessary foI
those electors to meet and choose q
President. They accordingly met on the
first Wednesday in February and elect
ed Washington as President and John
Adams as Vice President, and both OF
them, together with the newly chosen
Congress, were supposed to begin pro-
ceedings under the Constitution en- the
first Wednesday in March But a quo
rum of the new Congress did not arrive
in New York until about April 80, and
instead of Washington being inaugu-
rated on March he was inaugurated
on April 80, 1889.
Intent of Trainers.
The Constitution provided that Cen
gress should meet at least once each
year, and that unless 1t fixed different
date the meeting should occur on the
first Monday in December.
There can be no real doubt that what
the trainers of the Constitution intend
ed was that the new Congress and net
the old one should meet in December
after their election. Throughout the de-
bates on this particular phase of the
Constitution this intention is clearly
shown. For instance, a suggestion was
made that May instead CT December
should be the date of assembling Con
gress in order that the latest adyicet
from Europe might be at hand but thi
suggestion was defeated on the argu
ment of Mr.. Randolph that the tins
with which the elections of the nationa
representatives would no doubt be mad,
TO coincide, would suit better with De
cember than with May. If it had beer
the old Congress who we're to assemble
the dates of their election would hav
been immaterial. The fact that Deem
Der was chosen as the date for the con
vening of Congress because the tim
suited better with the date of thei
election shows not only that it was in
tended that it should be the new Con
CESS that should assemble in December