The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-11-16
LATEST BY. TELEGRAPH
MIDNIGHT REPORT.
FROM WASHINGTON.
WAsursaros, Nov. Il

Secretary W3lles h slowly recovering and
it is hoped that be will be out in few days.
The receipts of Customs from November
1st to 9th were ea.866 $50. =
Attorney General Stanbery Is ont with IN.
opinion, presumed to be unofficial. It ap-
pears as . communication in the newspapers,
inatead of being addressed to the President,
on the additional session of the XLth Con-
Eress. After quoting the propositions of the
the srtiele says The net Of JAnuarJ 22d,
1857, does not change Or interfere With the
day Of meeting fixed by the Constitution.
and all sessions Of the XLth Congress held
prior to the first Monday in December, ex-
cept such as we're convened by the President,
are irregular. II is true that the term
for which members are elected, Senators or
Representatives, begins and il dated from
the 4th of March, but that does not Affect the
tins fixed for the regular, annual session.
A new Congress cannot meet, under the Con-
stitutional provision, before the first Monday
in December unless convened in the interim
by tie Prssideat. Hence, unlsss Congress,
By Law, appoints 4 different day for such
regular annual session, there can Be no Com
stitutional meeting Of Congress- prior TO the
first Monday in December. Any meeting
in the intervening period would be an e1srs
only on IN Extraordinary occasion, Of which
he is to be the Judge. The Constitution does
not, anywhere, in any other way, provide
for any other than the regulsr session of
Congress. 1t doss mot authorize Congress to
provide for on additional meeting, but simply
gives it the power to change the day for such
regular meeting from the FIRST Monday in De-
cember, by appointing different day. There
is the first and second session of each Con-
gress, and the meeting of new Congress
before the time fixed By the Constitution for
it to assemble in regular executive session,
cannot be legalized by calling it IN additional
session or meeting.
The Attorney General goes on to say that
the XXXlXth Congress had 10 power to
pass the act of 22d Of January, 1867, other
wise 1t had power not only to convene an ex-
ira session, but create an extraordinary oc-
casion for il in contravention Of the powers
of the President. The article concludes as
follows:
The present meeting Of Congress is not An
adjournment meeting for the regular session.
The session of March 4, 1867, as has been
shown, was not regular session, but was q
new and extraordinary meeting, created BY
the act Of January %, 1867, in addition to
the present regular times Of the meeting of
Congress as designed BY the Constitution.
Nor wss il additional to any regular meeting
Of the XL,h Congress, for the present
regular times Of meeting of the XLth
Congress has yet held no such regular ses-
sion. 1t is not even yet fully organized by
the session Of March 4, 1867, and its ad-
jourued meeting constitutes an extraordinary
session of the XLth Congress, created
and convened by act of Janury %, 1867.
The time viii come for review of its acts
and proceedings, and he would suggest, if
not too late, for them to pause and consider
it's very questionable con,titusionslity, and
comprehend ths precedent they are sstsblish>
st,ution for the regular meeting of Congress,
by appointing different day than the first
Monday in December in every year.
1t is learned that the arguments contained
in this opinion are substantially 81 set forth
by the Attorney General in the Csbinet meet.
ing, when the subject of sending in the Pres
ident's message and instructions to Congress
was under consideration.
The Secretary Of State has refeered to the
Attorney General . neY and interesting guess
ton, arising ud1er the emancipation amends
ment to the Constitution. A Captain of
British vessel recently brought into Key
West three black sailors, whereupon the To-
cal authorities indicted him under the State
laws, which prohibits the importation or EN-
| ikrStibn Of free negroes. The Captain ap-
pealed 70 Mr.. Ford, Charge d Afui,s for
Great Britain, Who immediatsly aadrseae9 .
note 70 Secretary Seward. Pending The ac-
! ton Of the Attorney General proceedings
against ths Rritish Captain are stopped.
REPRESENTATIVE Williams. nodteell and
Lawrence, Of the Judiciary Committee, have
tasversily written ont Asir yisws in hvor Of
the impsschment Of the President. Proba.
bility & shIt s6sss viii hsrnoniously form
one report. saf -