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; _Hut._ 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. Abro. 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.
$Congress separate in two ways only, to wit, by adjournment or dissolution
by the efflux of their time. What then constitutes a session with them?
A dissolution certainly closes one session, and the meeting of the new
Congress begins another. The Constitution authorizes the President, "On
extraordinary occasions, to convene both Houses, or either of them."--Art.
I. Sec. 3. If convened by the President's proclamation, this must begin
a new session, and of course determine the preceding one to have been
a session. So, if it meets under the clause of the Constitution, which
says, "The Congress shall assemble, at least once in every year, and such
meeting shall be on the first Monday in December, unless they shall by
law appoint a different day,"--I, 4,--this must begin a new session. For
even if the last adjournment was to this day, the act of adjournment is
merged in the higher authority of the Constitution, and the meeting will
be under that, and not under their adjournment. So far we have fixed
landmarks for determining sessions. In other cases, it is declared by
the joint vote authorizing the President of the Senate and the Speaker
to close the session on a fixed day, which is usually in the following
form, "Resolved, by the Senate and House of Representatives, that the
President of the Senate and the Speaker of the House of Representatives,
be authorized to close the present session, by adjourning their respective
Houses on the ---- day of ----."$
When it was said above, that all matters depending before Parliament
were discontinued by the determination of the session, it was not
meant for judiciary cases, depending before the House of Lords, such
as impeachments, appeals, and writs of error. These stand continued
of course to the next session.--_Raym._ 120, 381; _Ruffh. Jac. L. D.
Parliament_.
$Impeachments stand in like manner continued before the Senate of the
United States.$