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return it, with his objections, to the House in which it shall have ori. ginated; who are to enter the objections at large on their journa., and proceed to reconsider it. If, after such reconsideration, two-thirds of the House shall agree to pass the bill, it shall be sent, together with the President's objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case it shall not be a law.-Const. U. S., Art. I. Sec. 7. Every order, resolution, or vote, to which the concurrence of the Senate and the House of Representatives may be necessary, (except on a question of adjournment,) shall be presented to the President of the United States, and before the same shall take effect, shall be ap proved by him, or, being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.—Const. U. S., Art. I. Sec. 7.

SECTION XLIX.

JOURNALS.

Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judg ment, require secrecy Const., I. 5, 3,

The proceedings of the Senate, when not acting as in a committee of the House, shall be entered on the journals, as concisely as possible, care being taken to detail a true account of the proceedings. Every vote of the Senate shall be entered on the journals, and a brief state. ment of the contents of each petition, memorial, or paper, presented to the Senate, be also inserted on the journals. —Rule 32.

The titles of bills, and such parts thereof only as shall be affected by proposed amendments, shall be inserted on the journals.—Rule 31

If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a vote, nor introductory to any vote: but when suppressed by the previous question, the first question must be stated, in order to introduce, and make intelligible, the second.-2 Hats. 83.

So also, when a question is postponed, adjourned, or laid on the table, the original question, though not yet a vote, must be expressed in the journals; because it makes part of the vote of postponement, adjourning, or laying on the table.

Where amendments are made to a question, those amendments are not printed in the journals, separated from the question; but only the question as finally agreed to by the House. The rule of entering in the journals only what the House has agreed to, is founded in great prudence and good sense; as there may be many questions proposed which it may be improper to publish to the world, in the form in which they are made.-2 Hats. 85.

In both Houses of Congress, all questions whereon the yeas and nays are desired by one-fifth of the members present, whether decided affirmatively or negatively, must be entered on the journals.—Const. I. 5, 3.

The first order for printing the votes of the House of Commons, was October 30, 1685.-1 Chandler, 387.

Some judges have been of opinion, that the journals of the House of Commons are no records, but remembrances. But this is not law.-Cob. 110, 111; Lex. Parl. 114, 115; Jour. H. C. Mar. 17, 1592; Hale Parl. 105. For the Lords, in their House, have power of judicature; the Commons, in their House, have power of judicature; and both Houses together have power of judicature; and the book of the clerk

of the House of Commons is a record, as is affirmed by act of Parliament. -6 H. 8. c. 16; Inst. 23, 24; and every member of the House of Commons has a judicial place. -4 Inst. 15. As records, they are open to every person; and a printed vote of either House is sufficient ground for the other to notice it. Either may appoint a committee to inspect the journals of the other, and report what has been done by the other in any particular case.-2 Hats. 261; 3 Hats. 27, 30. Every member has a right to see the journals, and to take and publish votes from them. Being a record, every one may see and publish them.-6 Grey, 118, 119.

On information of a mis-entry or omission of an entry in the journal, a committee may be appointed to examine and rectify it, and report it to the House.2 Hats. 194, 5.

SECTION L.

ADJOURNMENT.

THE two Houses of Parliament have the sole, separate, and independent power of adjourning, each their respective Houses. The King has no authority to adjourn them; he can only signify his desire, and it is in the wisdom and prudence of either House to comply with his requisition, or not, as they see fitting. -2 Hats. 332; 1 Blackstone, 186; 5 Grey, 122.

By the Constitution of the United States, a smaller number than a majority may adjourn from day to day.— I. 5. But neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in

which the two Houses shall be sitting.-I. 5. The President may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adJournment, he may adjourn them to such time as he shall think proper.-Const. II. 3.

A motion to adjourn simply, cannot be amended as by adding, "To a particular day." But must be put simply, "That this House do now adjourn ?” and, if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution, "That at its rising, it will adjourn to a particular day;" and then the House is adjourned to that day.-2 Hats. 82.

Where it is convenient that the business of the House be suspended for a short time, as for a conference presently to be held, &c., it adjourns during pleasure.-2 Hats. 305. Or for a quarter of an hour. -5 Grey, 331.

If a question be put for adjournment, it is no ad journment till the Speaker pronounces it.-5 Grey, 137. And from courtesy and respect, no member leaves his place till the Speaker has passed on.

SECTION LI.

A SESSION.

PARLIAMENT have three modes of separation, to wit, by adjournment, by prorogation, by dissolution by the King, or by the efflux of the term for which they were elected. Prorogation or dissolution constitutes there what is called a session; provided some act has passed. In this case, all matters depending before them are discontinued, and at their next

meeting are to be taken up de novo, if taken up at all.-1 Blackstone, 186. Adjournment, which is by themselves, is no more than a continuance of the session from one day to another, or for a fortnight, a month, &c., ad libitum. All matters depending remain in statu quo, and when they meet again, be the term ever so distant, are resumed without any fresh commencement, at the point at which they were left.--1 Lev. 165; Lex. Parl. c. 2; 1 Ro. Rep. 29; 4 Inst. 7, 27, 28; Hutt. 61; 1 Mod. 152; Ruffh. Jac. L. Dict. Parliaments; Blackstone, 186. Their whole session is considered in law but as one day, and has relation to the first day thereof.—Bro. Abr. Parliament, 86.

Committees may be appointed to sit during a recess by adjournment, but not by prorogation.5 Grey, 374; 9 Grey, 350; 1 Chandler, 50. Neither House can continue any portion of itself in any Parliamentary function, beyond the end of the session, without the consent of the other two branches. When done, it is by a bill constituting them commissioners for the particular purpose.

Congress separate in two ways only, to wit, by adjournment or dissolution by the efflux of their time. What then constitutes a session with them? A dissolution certainly closes one session, and the meeting of the new Congress begins another. The Constitution authorizes the President," On extraordinary occasions, to convene both Houses, or either of them."-Art. I. Sec. 3. If convened by the President's proclamation, this must begin a new session, and of course determine the preceding one to have been a session. So, if it meets under the clause of the Constitution, which says, "The Congress shall assemble, at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day,”—1. 4,— this must begin a new session. For even if the last adjournment was to this day, the act of adjournment is merged in the higher authority of the Constitution, and the meeting will be under that, and not under

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