The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-11-16
w WASHEENGTON.
The Tornado at MatamOras-Great
Destruction of Property = Many
Lives h0st-0pinion OF Attorney
General Stanbery on ihe Addition
al Session of the 10th Congress.

WASHINGTON, November 16.-At-
torney General StaRbery is out with
his bopinion-presumed to be unoffi-
cial. as 1t appears as Il communication
to newspapers instead of being adj
dressed to the President-on the ad-
ditional session of the FOrtieth Con-
gress. After quoting the 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
fixed by the Constitution, and all ses-
sions of the Fortieth Congress held
to the first Monday in Deeember .ex-
cept such as were convened by the
President, are Irregular. -
1t is true the term fer which mem
bers are elected Senator'S or Repre-
sentatives begins, and is dated from,
the fourth of March; but that does
not affect the time fixed for the regu-
lar annual session to begin. A new
Congress cannot meet under the con-
stitutional provision before the first
Monday in December, unless con-
vened in the Interim blythe President
Hence, unless Congress by law ap-
points different day for such regular
annual session, there can be no con-
stitutional session of Congress prior
to the first Monday in December.
Any meeting of Congress in the in
tervening period would be an extra
session, and can be called only by the
President, ON an extraordinary oc-
easion demanding 1t, OF which he is
to 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 any other than
a regular session of Congress. 1t
does not authorize Congress to pro-
vide for an additional meeting, but
simply gives itpower. to change the
4 day for such regular meetings from
the first Monday in December by ap-
pointing a different day. There is a
first and second session of each Con-
gress, and the meeting of a new Con-
gress. commencing before the time
4 fixed by the Constitution for it to as
1 semble in regular legislative session,
cannot be legalized by calling it an
additional session or additional meet
| ing.
The Attorney General goes on to say
that the 39th Congress had no power to
pass the Act of the I'D of January,
1867; otherwise it had the power not
| only to convene an extra session, but
create an extraordinary occasion for
it, in contravention of the powers of
| the President The article concludes
as fellows: The present meeting of
Congress is mot an adjourned meet
ing for regular session. The ses-
sion Of March 4th, 1867, as has been
shown, was not a regular session. 1t
was a new and extraordinary meeting,
created by the Act of January I'D,
1867. In addition to the present reg
ular times of meeting of Congress as
designed by the Constitution, the Act
expressly so designates it how addi-
tional sessions may convene; not to
any regular meeting of the 39th Con-
gress, for that Congress expired on
the 18th of March, 1857; nor was it
additional to any regular meeting of
the 10th Congress for the present
regular times of meeting, for the 10th
Congress has yet held no such regular
session; it is not even yet fully or
ganized by the session of March 4th,
1867, and its adjourned meeting con-
stitutes an extraordinary session of the
10th Congress, created and convened
by the Act of January I'D, 1867. The
time will come for review of its
acts and proceedings, and he would
suggest to those now acting
under the provisions of this act, if
not too late to pause aud consider its
very questionable constitutionality
and comprehend the precedent they
are esta blishing, or less change the
time fixed by the Constitution for a
regular meeting of Congress, by APP
pointing a different, day therefor
/ than the first Monday in December In
every year L is learned that the
arguments set forth byCthe Attorney
General were sent In at Cabinet meet
ling when the subject Of sending in
the Presidents message aud docu-
ments TO Congress, was under consid-
Grafton. rf - e..-.ss- -.a
/ WASHINGTON, November 14.-The
State Department is informed that the
amount of losses by the tornado at
!. Matamoras, in October, cannot be
computed. Five million dollars would
be q low estimate. AT least six hum
dred houses have been destroyed, In
cluding many valuable warehouses,
containing large stocks of goods. So
far as heard from all the ranches are
thrown down for thirty miles around
Matamoras. At the mouth of the
river the destruction was great.
Scarcely house is left standing All
the river steamers were wrecked or
disabled except the Tamaulapas No.
2, which was still serviceable. Con-