CONGKESS, UNITED STATES. 



129 



more than once considered, and I arrived at 

 the same conclusion to which the court of New 

 Hampshire arrived. The language of their 

 constitution is precisely the same with that of 

 the Constitution of the United States, except 

 that the time is less than ten days. I think 

 the time is three days." 



Mr. Edmunds : " Five." 



Mr. Johnson: "But the other words are 

 identical. I also concur with the honorable 

 member in thinking and I suppose as to that 

 all departments of the Government will con- 

 cur that it is very desirable that the question 

 should be settled. I suppose there will be no 

 difficulty in the Judiciary Committee coming 

 to a conclusion, and I have every reason to 

 suppose, without any actual knowledge, that 

 whatever that conclusion may be it will be one 

 in which the Executive will acquiesce. 1 ' 



Mr. Buckalew, of Pennsylvania, said: "It 

 may be observed that Congress have already 

 given the same construction to the Constitu- 

 tion which is stated by the President in his 

 message. They have given it by their action 

 upon a bill exactly similar to the present one. 

 If there were any force in the reasoning now 

 stated by the Senator from Yermont, it would 

 have been appropriate for him to raise the 

 point at the session in November. Instead of 

 that being done, that session passed by, and a 

 new bill was introduced and passed in the 

 month of November. 



" The language of the Constitution is very 

 peculiar, different from that of most of the 

 States. It says that if Congress by their ad- 

 journment prevent the return of a bill within 

 ten days the bill shall not become a law. The 

 language is positive. The phraseology is very 

 different ordinarily in the State constitutions. 

 Of course where either House of Congress ad- 

 journs during a period not exceeding three 

 days no question would arise. Either House 

 can adjourn for three days without the consent 

 of the other. Such a partial or casual adjourn- 

 ment, which constantly takes place in practice, 

 would not be such an adjournment as is in- 

 tended by the clause in the Constitution; but 

 where an adjournment for more than three 

 days takes place by the joint action of both 

 Houses, it seems to me it falls within the ex- 

 press letter of the Constitution, and that it is 

 impossible to give any other construction to it. 

 Now, sir, it seems to me, in view of the clear- 

 ness of that provision, and the fact that Con- 

 gress has already twice acted upon that con- 

 struction, it would be best for the Committee 

 on the Judiciary and for the Senate to acqui- 

 esce in what has already been established so 

 far as congressional and executive action is 

 concerned, and not raise this point." 



Mr. Edmunds, of Vermont, said: "I think 

 my friend from Pennsylvania is mistaken in 

 supposing that Congress has given the same 

 construction to the Constitution that the Pres- 

 ident does. It is true that in one instance it 

 appears we have passed a bill a second time 

 VOL. vm. 9 A 



which contained the same phraseology that 

 the first did ; but I am sure he will not claim 

 that that should have the controlling weight of 

 a precedent when we all know that it passed 

 without this question being considered or ad- 

 verted to at all, as a mere way of hastening the 

 accomplishment of the thing that Congress 

 had in view in that particular bill without 

 waiting to leave it to be settled by the Depart- 

 ments or the courts, whether the previous bill 

 was a law or not, because it would only be a 

 piece of unnecessary legislation to pass the 

 second bill if the first one had become law. So 

 we have done nothing to commit ourselves to 

 the view of the President. 



"Now, one word (and I do not want to oc- 

 cupy the morning hour with extended debate) 

 as to the other branch of my friend's proposi- 

 tion. He says that Congress is adjourned, in 

 the language of the Constitution, when each 

 body with the consent of the other adjourns for 

 more than three days, and the bill is therefore 

 prevented, in the language of the Constitution, 

 from being returned. I wish to submit it to 

 him whether the true construction of that 

 phrase is not an adjournment of Congress as 

 the legislative body, the practical termination 

 of its legislative functions as such? whereas 

 the language of the Constitution, touching the 

 adjournment of each House, is simply a limita- 

 tion upon the power of each House to adjourn 

 itself for more than three days without the 

 consent of the other; and, therefore, under 

 the Constitution it would be perfectly lawful, 

 I think, for the Senate, with the consent of 

 the House of Eepresentatives, to adjourn for a 

 week, or two weeks, or two months, although 

 the House might continue in session all the 

 time. That would not be an adjournment of 

 Congress. Now, suppose that the same reso- 

 lution contains a mutual consent, which is the 

 effect of these concurrent resolutions, how does 

 that alter the case ? It, therefore, appears to 

 me to be far from an adjournment of Congress, 

 because it happens that each House, consent- 

 ing to the adjournment of the other, adjourns 

 at the same time for the same length of time. 

 That is the view on the other side. I merely 

 state it now, that both views may be considered 

 together." 



Mr. Buckalew: "Mr. President, I suppose 

 that in case one House only adjourns, after 

 having asked the consent of the other, if the 

 House in which the bill originated still con- 

 tinues in session the bill would have to be 

 returned within ten days." 



The motion to refer was agreed to. 



In the House, on December 5th, the follow- 

 ing resolution, reported from the Committee 

 on the Judiciary, was taken up : 



Resolved, That Andrew Johnson, President of the 

 United States, be impeached of high crimes and mis- 

 demeanors." 



The Speaker said : " On this question the gen- 

 tleman from Massachusetts (Mr. Boutwell) ha& 



