The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1867-11-22
An interesting Question Aris-
ing under the ElnanCipa-
tiOn Amendment.


out with an opinion, presumed to be
unofficial, as it appears as commu-
nication in the newspapers instead
of being addressed to the president,
on the additional session of the 40tEl.
congress. After quoting the propo-
sitions of. the constitution for
meeting of congress, the article
says: The ct-of january %, 1867,
does not change or interfere with
the day Of the meeting fixed by the
constitution, and all the sessions
of the 4Oth congress held prior to
the first Monday in December, ex-
ccpt such as were convened by the
president, are irregular. 1t is true
the term for WHICH members are
elected senators or representatives
begins and is dated from the 4th of
March, but that don't affect the
time fixed fer the regular annual
session. A new congress cannot
meet under the constitutional pro-
vision before the first Monday in
December, unless convened in inter
i'm by the president. Hence, unless
congress by law appoints a differ
ent day for such regular annual ses-
sions, there can be no constitutions
al meeting of congress prior to the
first Monday in December. Any
meeting Of congress intervening pri-
or would be an extra session, ard
can be called by only the president
Oh extraordinary occasions demand
ing it Of which he is to be the judge.
The constitution does not anywhere
in any other way provide for any
other than regular session of con-
gress. 1t does not authorize con-
gress to provide for an additional
meeting, but simply gives it the
power to change the day for such
regular meetings from the 1st Mon
day in Dec, by appointing differ
erent day. There is a 1st and 2nd
session of each congress, and the
meeting of a new congress cl mmcnc-
ing before the time fixed by the con
stitution for it to assemble in regu-
lar legislative session. 1t can't be
lcgalizcd by calling it in an addi-
tional session or additional meeting.
The attorney general gees on to say
that the 30th congress had no pow
CT to pass the act of the 22d of JAN
uary, 1867; otherwise it had power
hot only to convene an extra session
bat create an extraordinary occa-
Sion 1rr it. in contravention of the
powers Of the president. The arti-
Gle CO Includes as follows:
The present meeting of congress
is not an adjourned meeting for reg
ular session. The session of March
+, 1867, as has been shown. was not
a regular session, 1t was new and
extraordinary meeting, created by
act of January 22d, 1867. In addi-
tion to present regular times of
meeting of Congress as decided by
the constitution, the act expressly
dcsi gnates that it is not additional
to any regular meeting of the 30th
congress, for that congress expired
on the 4th of March, 1867. Nor
was it additional to any regular
meeting cf the 40th congress for the
present regular times of meeting of
10th congress has yet held no regu-
lar session. tits not even yet fully
organized by the session of March
4, 1867, and it's adjourned meeting
constitutes and extraordinary scs-
sion of the 10th congress-, created
and convened by act of Janualy %,
1867. The time will come for a re-
view Of its acts and proceedings,
and he would suggest to those now
acting under these provisions of
that act, if not too late, to pause
and consider it's very questionable
constitutionality and comprehend
the preccdents they arc establishing
unless a change of time is fixed by
the constitution for regular meet
ing of congress, by appointing diff
ferent day therefor than the first
Monday in December in every year.
1t is learned that the arguments
contained in this opinion are sub
stantially as set forth by the attor-
ney general in cabinet, when the
subject of sending in the president
message and documents to congress
was under consideration.
The secretary of state has referred
to the attorney general a new and
interesting question arising under
the emancipation amendment to the
constitution. The captain of "a
British vessel recently brought into
Key West three black sailors where
upon the local authorities indicted
him under the state laws, which
prohibited the importat lion or emmi-
grafton Of free negroes. The cap
tain appealed to Mr.. Ford, charge
d'affairs for Great Britain, who i'm
mediatcly addressed note to sccre-
tary Seward pending an action, and
the attorney generals proceedings
against the British captain were
stopped.
Another Rival OF Weston.