mination was pending before the Senate for a judge of the Supreme
Court. In the course of the sitting, that nomination was called up, and,
on motion, was indefinitely postponed. In other words, it was rejected;
for an indefinite postponement is a rejection. The office, of course,
remained vacant, and the nomination of another person to fill it became
necessary. The President of the United States was then in the Capitol,
as is usual on the evening of the last day of the session, in the
chamber assigned to him, and with the heads of departments around him.
When nominations are rejected under these circumstances, it has been
usual for the President immediately to transmit a new nomination to the
Senate; otherwise the office must remain vacant till the next session,
as the vacancy in such case has not happened in the recess of Congress.
The vote of the Senate, indefinitely postponing this nomination, was
carried to the President's room by the secretary of the Senate. The
President told the secretary that it was more than an hour past twelve
o'clock, and that he could receive no further communications from the
Senate, and immediately after, as I have understood, left the Capitol.
The secretary brought back the paper containing the certified copy of
the vote of the Senate, and indorsed thereon the substance of the
President's answer, and also added, that, according to his own watch, it
was quarter past one o'clock.

There are two views, Sir, in which this occurrence may well deserve to
be noticed. One is as to the connection which it may perhaps have had
with the loss of the fortification bill; the other is as to its general
importance, as introducing a new rule, or a new practice, respecting the
intercourse between the President and the two houses of Congress on the
last day of the session.

On the first point, I shall only observe that the fact of the
President's having declined to receive this communication from the
Senate, and of his having left the Capitol, was immediately known in the
House of Representatives. It was quite obvious, that, if he could not
receive a communication from the Senate, neither could he receive a bill
from the House of Representatives for his signature. It was equally
obvious, that, if, under these circumstances, the House of
Representatives should agree to the report of the committee of
conference, so that the bill should pass, it must, nevertheless, fail to
become a law for want of the Preside