nt's signature; and that, in that
case, the blame of losing the bill, on whomsoever else it might fall,
could not be laid upon the Senate.
On the more general point, I must say, Sir, that this decision of the
President, not to hold communication with the houses of Congress after
twelve o'clock at night, on the 3d of March, is quite new. No such
objection has ever been made before by any President. No one of them has
ever declined communicating with either house at any time during the
continuance of its session on that day. All Presidents heretofore have
left with the houses themselves to fix their hour of adjournment, and to
bring their session for the day to a close, whenever they saw fit.
It is notorious, in point of fact, that nothing is more common than for
both houses to sit later than twelve o'clock, for the purpose of
completing measures which are in the last stages of their progress.
Amendments are proposed and agreed to, bills passed, enrolled bills
signed by the presiding officers, and other important legislative acts
performed, often at two or three o'clock in the morning. All this is
very well known to gentlemen who have been for any considerable time
members of Congress. And all Presidents have signed bills, and have also
made nominations to the Senate, without objection as to time, whenever
bills have been presented for signature, or whenever it became necessary
to make nominations to the Senate, at any time during the session of the
respective houses on that day.
And all this, Sir, I suppose to be perfectly right, correct, and legal.
There is no clause of the Constitution, nor is there any law, which
declares that the term of office of members of the House of
Representatives shall expire at twelve o'clock at night on the 3d of
March. They are to hold for two years, but the precise hour for the
commencement of that term of two years is nowhere fixed by
constitutional or legal provision. It has been established by usage and
by inference, and very properly established, that, since the first
Congress commenced its existence on the first Wednesday in March, 1789,
which happened to be the fourth day of the month, therefore the 4th of
March is the day of the commencement of each successive term; but no
hour is fixed by law or practice. The true rule is, as I think, most
undoubtedly, that the session held on the last day constitutes the last
day for all legislative and legal purposes. While the session begun
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