on
that day continues, the day itself continues, according to the
established practice both of legislative and judicial bodies. This could
not well be otherwise. If the precise moment of actual time were to
settle such a matter, it would be material to ask, Who shall settle the
time? Shall it be done by public authority, or shall every man observe
the tick of his own watch? If absolute time is to furnish a precise
rule, the excess of a minute, it is obvious, would be as fatal as the
excess of an hour. Sir, no bodies, judicial or legislative, have ever
been so hypercritical, so astute to no purpose, so much more nice than
wise, as to govern themselves by any such ideas. The session for the
day, at whatever hour it commences, or at whatever hour it breaks up, is
the legislative day. Every thing has reference to the commencement of
that diurnal session. For instance, this is the 14th day of January; we
assembled here to-day at twelve o'clock; our journal is dated January
14th, and if we should remain here until five o'clock to-morrow morning
(and the Senate has sometimes sat so late), our proceedings would still
bear date of the 14th of January; they would be so stated upon the
journal, and the journal is a record, and is a conclusive record, so far
as respects the proceedings of the body.

It is so in judicial proceedings. If a man were on trial for his life,
at a late hour on the last day allowed by law for the holding of the
court, and the jury should acquit him, but happened to remain so long in
deliberation that they did not bring in their verdict till after twelve
o'clock, is it all to be held for naught, and the man to be tried over
again? Are all verdicts, judgments, and orders of courts null and void,
if made after midnight on the day which the law prescribes as the last
day? It would be easy to show by authority, if authority could be wanted
for a thing the reason of which is so clear, that the day lasts while
the daily session lasts. When the court or the legislative body adjourns
for that day, the day is over, and not before.

I am told, indeed, Sir, that it is true that, on this same 3d day of
March last, not only were other things transacted, but that the bill for
the repair of the Cumberland Road, an important and much litigated
measure, actually received the signature of our presiding officer after
twelve o'clock, was then sent to the President, and signed by him. I do
not affirm this, because I took no n