The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-11-18
The Attorney-General on Congress.

THE LEGALITY OF THE sFEc1AL SESSIONS OF con-
GRESS.
A dispatch from Washington, dated November
Is, says:
Acknowledgement Stanbery is out with an opin-
ION. presumed TO be unofficial, inasmuch as 1t
annears as communication N the newspapers In
stead of beng addressed to the President, on the
additional session Of the fortieth Congress-. After
quoting the provisions of the Constitution for
1he meeting Of Congress, the article says that
the Act of January %, 1867, does not change or
interfere with the day OF meeting liked by the
CONSTITUTION, and all sessions Of the torteth
Congress held prior to the hrst Monday III OS-
cember, except such as were convened By the
President, are irregular. II is true that the
term for which members are elected, whether
Sc ators or RapIes natives, begins and Is
dated from the 4th OF March, but that does
nor affect the time fixed for the regular annual
session to begin. new Congress cannot mee',
under he Constitutional provision. before t o
hrst Mopdly in December, unless convened IN the
later N by the President. He. ce, unless Congress
By law ap olnts dlt Trent Gay III sucn resutIt
annual sessions III le Can be no corSt tut.onaI
meeting OF Congress prior to the hrst Monda! IN
December. Any meeting OF ConsIess IN the H.
terven.nS period would be an extra sess on, ai'a
Ca be called only by the President on an extreor-
dluary occas on demanding II, OF which ne Is 10
Judge. The Constitution does not anywhere III
anV other way provide 1or any other than the reg
uar ses ion OF Congress. 1t does not aut" oll@o
Congress TO provide tor an aooitiouat ineetiiis
but simply gives it pow TO change the day iOr
such regular meetings from the first Monday OF
December, by appointing different day.
There is first and second session OF each Con-
eress and the meeting OF a new congress COM
mencng before the time fixed By the Constitution
FOR 1t to assemble in regular legislative 8 ssion
cannot be legaZed b. ca ling II an additional ses-
sion or all additional meeting. The Attorney-Gen-
eral then goes on to say that the Ihrtynintn Con-
gress had no power to pass the Act OF the twenty
To-, 9TH wi
not only to extra session, but 10 create
an extraordinary occasion for 1t, IN contraVenuoA
of the powers of the President. Inc article con
cludes as follows: 'Ihe present meeting OF CoH-
oress ls not an adjourned meeting from the re9u-
The session OF March 4th, 1857, as has been
shown, was not regular session. IL was new
and extraordinary ''meetine created by the Act OF
Janulry % 1867. In addition to the present re-
euIar times OF the meeting Of Congress, as de-
sipned oy the Constitution, the Act expressly 30
desi. mates il. How ''addtlonalt Not 10 any re-
gu!ar meeting OF the Thirty-ninth Congress. Tor
that Congress EXPIRED Oh tue 45h OF March. 1867.
Nor was It additional to any regular meeting o,
the Fortieth Congress, for the present regular
times OF NEE ing" for the Fortieth Congress arc
the first Mondays in December, 1867 and 1858, anu
that tnoress has as yet held no such reSuiaI sss
sior It IS not even yet fully organized by the
session OF March 4.h, 1867, and Its adjourned
meeting constitutes an extraordinary session OF
the Fortieth Congress-. created and convened by
the Act OF January 22d. 1867.
"The time WI / come TO: review OF its acts and
proceedings, and we wonld suggest to those now
acting under these provisions OF that act, 1t DC
not too laLe, to pause and consider lts very ques
tIonable consttutionality and comprehend the
precedent they are establishing, or else change
the TIM fixed by the Constitution for the regular
meeting OF Congress by appointing different day
therefor than the first Monday ID December Ill
eyery YEAR" It is learned that the arguments
contained in this opinion are substantially the
same as those set forth by the Attorney-G aneraI
in Cabinet meeting, when the subject OF sending
in the Presidents Message and documents 10
Congress was under consideration.