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 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,
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;
_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; 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 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.” (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 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 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 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. Jack. L. D.
Parliament_.
[Impeachments stand, in like manner, continued before the Senate of the
United States.]