Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-11-16
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q A-.L 81 80 -
Night DISPATCHES.
IwEsrERs ASSOCIATED rnrss REFoRrsl

NEw ORLEANS, November I5-Tbe
Republican says tna returns from little
more than half Of the counties, In the
State of Mississippi, show that 5000 more
than a majority Of the persons registered
have voted on the Convention question,
| and says the remaining counties will in
the majority, as in some of the counties
the opponents OF the Convention voted,
and in some parts Of the State
which have been heard from,
the unreconstructed voters stsyed
away from the polls. Only one
Conservative Delegate is known to be
elected. Among those who took the
stump in favor of the Convention was
the Hon. A. g. Brown, ex United States
Senator, and Gen. AlcOrn, Senator elect,
The Vicksburg R~epUblioGR advocates
the Acknowledgement Of those who did
not vote.
The Times d-enounces Gen. Mowers
appointment of r. King Cutler TO the
bench of the Second District Court. Cut
Ter is denounced and ridiculed by thee en-
tire press.
LOUISVILLE, November 15.-The river
IL failing with three feet five inches in
the canal. The Liberty No, 4 passed
down this evening.
ST. LOUIS, November l5-Gen. Han
cock and family, and several members OF
mis- staff, left this evening for New Or
leans, to assume command of the fifth
military district. ora
Weather clear and warm.
HOUsTON, TEXAS, November IA
destructive fire occurred here last night,
which destroyed a whole block Of build
ings, including the German Southern
Church, an extensive sash factory, large
nc H.-.L-- - 49, a. -
licences. Loss $4,000.
NEW YORK, November l5.-It appears
that the Atlantic Cable Company under
the new tariff regulations make no extra
charge for messages in the code consist
ing Of plain words, but messages in cy-
pheT, that is to say messages in numerals
or letters of The alphabet not being
known, or dictionary words, or names Of
places, persons, ships, etc, are TO be
charged for the first ten cyphers 0 rletters,
S25, and for each additional cypher or
letter, 81 so.
WASHINGTON, November 15.-Attor-
ney-GeneraI Strawberry is out with an
opinion, presumed to be inefficient, as it
appe ars as a communication in a news
paper, instead of being addressed to the
President, on the additional session Of
Fortieth Congress. After quoting the
u DAOhAcA0n1 VI TX SoAoAAAAAA1A ~ VIZ
meeting Of Congress, the article says,
that the Act of January 1867 does not
change or interfere with any of the meet
I ings liked by the Constitution, and all
I sessions OF the Fortieth Congress
held prior TO the first Monday in
December, except such as are convened
by the President are Irregular. 1t is
!, true the term for which the members are
elected as Senators and Representatives
begins and is dated from the fourth of
March, but that does not effect b time
fixed for the regular annual session TO
begin. A new Congress canuOt meet I'M
!, der the constitutional provisions baiore
8 the first Mondsy in December unless
convened by the President, hence, unless
} Congress by law appoints a different day
for such regular annual session, there
a can be no Constitutional meetingO OF Con-
gress before the first Monday in Dscem-
Der, and any meeting in the intervening
. Deriod would be an extra session, and can
1 only be called by the President on al eX-
t~raordinary occasion demanding it, OF
which he is to be the Judge. The Con
! stitutioR does not anywhere, in any other
t wav. provide for any other than a regular
; session of Congress. It does not author
ize Congress to provide for an additional
meeting, but simply gives it power to
change the day for such regular meeting
from the first MOuday in December, by
appointing q different day. There Is a
: first ana second session Of each Congress,
{ and the meeting Of g new Congress com
, meuciug before the time fixed by the
Constitution for it to assemble ID regular
; legislative session, cannot he legaliZsd by
calling il an additional s~essian, OF addi-
I tional meeting. The Attorney General
goes on 10 say that the ~IuiTty-ninth
Congress had no power 10 pass the act Of
Z January %, 1861. Otherwise it had The
] power not only to Y an extra,
but. also, to create an extraordinary oc-
. caslon Tor j. in GnntTIFention OF the
: movers OF the President. The article
! concludes As follows The present
/ meeting Of Congress is not an adjourned
meeting Of the regular session Of March
, 4th, 1861" which Is has been shown was
I not q regular session. lt was a new and
: extraordinary meeting created by the
! act OF January sd, 1867, 10 addition TO
, the present regular time Of the meeting
4 of Congress by the Constitution. The
; act expressly 50 designated it as not Gd-
ditional to any regular meeting Of
the Thirty-uinth Congress, for that
/ Congress expired on March 4th, 1867:
nor was il additional to any regular
meeting Of the Fortieth Congress for
the present regular time Of the meeting
Of the Fortieth Congress has yet held no
such regular session. IL IL not even vet
fully organized by the session Of March 1,
: 1861, and its adjourned meeting CONSTITUTES
an extraordinary session Of the FOTtieth
CONGRESS. created and convened by the
!, Act ofJanuary -, 1867. The time will
: return for 8 review Of its acts and pro-
eeedings, snd he world suggest to those
nav sGt.ag gndeg these pFoYisi0n5 OF that
! aos, If not too late, to pause aud consider
the very questionable oOnstitutionRlity
and comprehend the precedent they are
establishing, or change the time fixed
! by the Constitution for the regular meet
l ing OF Congress oy appointing q different
dsv therefor than the first Monday in
: December every year. It's learned that
the arguments contained in this opinion
: are substantially the same as set forth BY
the Attorney General in g Cabinet meet
Ing, when the subject Of sending in the
, Presidents message and documents to
Congress rs andes consideration.
: The Secretary Of State has referred to
the Attorney General q new and inter
, estiug question arising under the Eman-
1 cipation Amendment 10 the Constitu
{ ton. The Captain OF a British vessel
3 brought intO Key West, three black
0hllOlSt "hCANAtNA Ho bNAl dNAIbAl-
: ties indicted hiD gRdeE the State
9 laws which prohibits the emigration OF
free negroes. The Captain appealed 70
Mr.. Forde, charge d'affaires for Great
, gritein, who immediately addressed a
note to 6ecretafy Seward, pending any
action in the proceedings against the
British Captain, which have been
I stopped!
FOREIGN.
Il LONDON, Novembes IS, 5 .. m.-Con-
e soils closed at "a 8 16 5 eos, 70l Illinois
q Central, 81 Erie, AT.
= FRANKFoRT, November Is, . pm.