SECTION 50.

JOURNALS.

"The journal of all the proceedings of the Senate and Assembly, shall be kept in the manner heretofore accustomed by the general Assembly of the Colony of NewYork, and except such parts as they shall as aforesaid respectively determine not to make public, be from day to day (if the business of the legislature will permit) published.”—15th sect. of the Const. of N. Y.

Upon a division, either in the House, or in committee of the whole House, the names of those who vote for, and those who vote against the question, shall be entered upon the minutes, if any two members require it.-R. of

A. 29.

In all divisions to be taken in this House, it shall be the duty of the Clerk to enter on the minutes the name of the member calling for a division, and the name of the member who shall second such call.-R. of A, 30.

That in all cases where a bill, orders, resolutions or motion, shall be entered on the journals of this House, the name of the member moving the same, shall also be entered on the journals.-R. of A. 37.

A brief statement of the contents of each petition, memorial or paper presented to the House, is entered on the journals. All reports of committees, state officers and messages, and communications from the governor and state of ficers, &c. entered at length.

The proceedings of the Assembly, when not acting in a committee of the whole, should be entered on the journals concisely, care being taken to detail a true account of the proceedings.

The titles of bills, and such parts thereof as shall be af fected by proposed amendments, should be inserted on the journals.

So much of every clause, section or bill, &c. as a division of the House is taken upon, should be entered on the journals at length.

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 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 and Nays are desired by one fifth of the members present, whether decided affirmatively or negatively, must be entered in the journals. Const. I. 5.

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 only remembrances. But this is not law. Hob. 110, 111. Lex. Parl. 114, 115. Journ. 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. 23, 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 ap point 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

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 mísentry 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 51.

ADJOURNMENT.

THAT neither the assembly or the senate shall have pow er to adjourn themselves for any longert ime than two days. without the mutual consent of both.-14th section of the const. of N. Y.

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. 232. 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. 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

A motion to adjourn simply, cannot be amended as by adding" to a particular day." But must be 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 adjourn ed 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 present

ly 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 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.

A motion to adjourn shall be always in order, and shall be decided without debate.-R. of A. 12.

When the House first meet, before they adjourn, two resolutions are necessary; 1st. to fix a time for the meeting on next day. 2d To adjourn accordingly.

When a motion to adjourn is carried, the Speaker before he leaves the chair says, "this House is adjourned uno'clock to-morrow morning," or "until morning next,” as the case may be.

til

on

SECTION 52.

A SESSION.

o'clock

PARLIAMENT have three modes of separation, to wit, by odjournment, 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 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 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, &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. 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.

Committees may be appointed to sit during a recess by adjournment, but not by prorogation. 5 Grey 374. 9 Grey

350. I 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 authorises the President "on extraordinary occasions, to convene both Houses or either of them." 1.3. 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," I. 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 their adjournment. So far we have fixed land marks for determining sessions. In other cases, it is declared by the joint vote authorising the President of the Senate and the Speaker to close the session on a fixed day, which is usually in the following form, "Resolved, by the Senate and House of Representatives, that the President of the Senate and the Speaker of the House of Representatives be authorised to close the present session by adjourning their respective Houses on the day

of

In the state of New-York, the Senators are elected for four years; the members of assembly for one only. A session is one year, and commences the first day of July. The Legislature separate in three ways. 1 By adjourn.

ment.

2. By dissolution by the efflux of the time of the members of the assembly, viz: on the last day of June. 3. By prorogation.

The governor shall continue in office three years, and shall by virtue of his office, be general and commander in