SEC. XLVIII. ASSENT

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The House which has received a bill and passed it may pre- [748.1] sent it for the King's assent, and ought to do it, though they have not by message notified to the other their passage of it. Yet the notifying by message is a form which ought to be observed between the two Houses from motives of respect and good understanding. 2 Hats., 242. Were the bill to be withheld from being presented to the King, it would be an infringement of the rules of Parliament. Ib.

When a bill has passed both Houses of Congress, the House 748.2] last acting on it notifies its passage to the other, and delivers the bill to the Joint Committee of Enrollment, who see that it is truly enrolled in parchment. When the bill is enrolled it is not to be written in paragraphs, but solidly, and all of a piece, that the blanks between the paragraphs may not give room for forgery. 9 Grey, 143. It is then put into the hands of the Clerk of the House of Representatives to have it signed. by the Speaker. The Clerk then brings it by way of message to the Senate to be signed by their President. The Secretary of the Senate returns it to the Committee of Enrollment, who present it to the President of the United States. If he approve, he signs, and deposits it among the rolls in the office of the Secretary of State, and notifies by message the House in which it originated that he has approved and signed it; of which that House informs the other by message. If the President disapproves, he is to return it, with his objections, to that House in which it shall have originated; who are to enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that 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

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(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. Constitution, I, 7. Every order, resolution, or vote to which the concurrence of the Senate and 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 approved by him; or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Constitution, I, 7.

SEC. 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 judgment, require secrecy. Constitution, I, 5.

NOTE. See Senate Rule IV.

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, adjournment, or laying it 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 [749.5] and nays are desired by one-fifth of the members present, whether decided affirmatively or negatively, must be entered in the journals. Constitution, I, 5.

The first order for printing the votes of the House of Com- [749.6] mons was October 30, 1685. 1 Chandler, 387.

Some judges have been of opinion that the journals of the [749.7] House of Commons are no records, but only remembrances. But this is not law. Hob., 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; 4 Inst., 22, 24), and every member of the House of Commons hath 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, everyone may see and publish them. 6 Grey, 118, 119. On information of a mis-entry or omission of an entry in [749.8] the journal, a committee may be appointed to examine and rectify it, and report it to the House. 2 Hats., 194, 195.

NOTE.-See Senate Rule III.

SEC. L. ADJOURNMENT

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The two Houses of Parliament have the sole, separate, and [750.1] independent power of adjourning each their respective Houses. The King has no authority to adjourn them; he

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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., 232; 1 Blackst., 185; 5 Grey, 122. By the Constitution of the United States, a smaller number than a majority may adjourn from day to day. Constitution, 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." Constitution, I, 5. And in case of disagreement between them, with respect to the time of adjournment, the President may adjourn them to such time as he shall think proper. Constitution, II, 3. [750.3] A motion to adjourn simply can not 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.

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Where it is convenient that the business of the House be suspended for a short time, as for a conference presently to be held, etc., 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 adjournment till the Speaker pronounces it. 5 Grey, 137. And from courtesy and respect, no member leaves his place till the Speaker has passed on.

SEC. LI. A SESSION

Parliament have three modes of separation, to wit, by adjournment, by prorogation or 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 was 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 Blackst., 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, etc., 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; L. Parl., c. 2, 1 Ro. Rep. 29; 4 Inst., 7, 27, 28; Hutt., 61; 1 Mod., 252; Ruffh. Jac., L. Dict. Parliament; 1 Blackst., 186. Their whole session is considered in law but as one day, and has relation to the first day thereof. Bro. Abr. Parliament, 86.

NOTE.-See Senate Rule XXXII.

Committees may be appointed to sit during a recess by 751.2] adjournment, but not by prorogation. 5 Grey, 374; 9 Grey, 350; 1 Chand., 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 adjourn- 751.3] ment, 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 extraordi- [751.4] nary occasions, to convene both Houses, or either of them." Constitution, I, 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