The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-11-16

WAaHINdroN, Nov. -I6.-AttoEnSy
| General StRnberry Is out with an opin-
ion, presumed to be unofficial, as 1t APP
pears as q communication in the news
| papers instead OF being addressed 10 the
/ President, on the additional session OF
the Fortieth Congress. After quoting
provisions OF the Constitution for the
meeting OF Congress, the article says:
/ The act of January, 1867 does not
change or interfere with the day OF
meeting liked by the Constitution, and
all sessions OF the Fortieth Congress
held prior to the first Monday In De-
cember, except such as were convened
by the President, are Irregular. II is
true the term for which members are
elected Senators and Representatives be-
gin aud Is dated from the 4th of March,
but that does not affect the time fixed
for the regular annual session to begin
A new Congress cannot meet under the
constitutional provisions before the first
Monday in December, unless convened
In interim by the President. Hence I'M
less Congress, by law, appoints diff
ferent day for such regular annual ses-
sions there can be no constitutional
meeting of Congress prior to the first
Monday in December. Any meeting
of Congress In the intervening period
would be an extra session, and can
be called only by the President
on an extraordinary occasion de-
mandinR it, of which he is to
Judge. The Constitution does not
anywhere in any other way pro-
vide for any other than the regular
session OF Congress. 1t does not
authorize Congress TO provide, for an
the power to change the day for such
regular meetings from the first Monday
in December by appointing different
day. There Is a first and second ses-
sion Of each Congress, and the meeting
of q new Congress commencing before
the time fixed by the Consultation for
it to assemble in regular Legislative
session cannot be legaliZed by calling
IL an additional session or additional
meeting. The Thirty-Ninth Congress
had no power to pass the act Of the 22d
of January, 1867, otherwise 1t had
power not only to convene an extra
session, but to create an extraordinary
occasion for II in CONFIRMATION of the
power of the President. The article
concludes as follows: The present
meeting of Congress Is not an adjonrn-
ed meeting for the regular session. The
session of March 4th, 1857, 1t has been
shown, was not regular
eItraordInary meeting created by
act of January odd, '67, in addition TO
the present regular times OF meeting of
Congress as designed by the Constitu-
ton. The act expressly SO designates
It, how additional, not to any regular
meeting OF the S9th Congress for that
Congress expired on the 4th of March,
1865; nor was It additional to any reRu.
lar meeting of the 10th Congress for the
present regular times of meeting for the
10th Congress has yet held no such reg
uIar session, It Is not even yet FULLY
organized by the session of March 18th,
1867, and It's adjourned meeting consti-
tutes an extraordinary session of the
10th Congress, created and convened by
act of January, 22d, 1867. The time
will come for review of the acts and
proceedings, and he would suggest 10
those now acting under these provisions
of that act If not too late 10 pause and
consider its very questionable constitu-
tionality and comprehend the precedent
they are establishing or less change the
time fixed by the Constitution for the
regular meeting of Congress by appoint
ing a different day therefor than the
first Monday in December In every
year. 1t Is learned that the argument
set forth by the Attorney General In
Cabinet meeting when the subject OF
sending in the Presidents message and
documents to Congress was under con-
sfderation. ~