The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-10
THE FIRST CONGRESS.
Method Used to Bring It Together
for It's First Session.

To THE EDrroR OF THE SUN-Sir: On
the question whether the Congress can
call itself together I would point out that
the Supreme Court early in the history
OF the republic decided in l Dallas a.
that 1.-THE United States is n government
and consequently a body polite and cor
porato capable OF attaining the objects
for which il was created by the means
which are necessary for their attain
ment"
The Congress is one of thu integral
parts OF this Government, II may use
whatever means may be necessary TO
attain the ends for which It was created.
Clearly It's legal existence cannot be
made TO depend upon the technical ques-
ton as to how It shall assemble.
This view Is fully warranted by the
assembling OF the first Congress in 1883.
The Constitution had been finally ratl-
fed; it had prescribed the character OF
the legislative body but had not pro-
vided for the meeting OF the Congress,
either In time or place.
Tho old Continental Congress became
defunct September %, 1883. Among the
last OF its doings was the passage Of
resolutions providing for the organizing
OF the Government under the new Con-
stitution, directing the assembling of the
Congress in New York on the 4th OF
March. 1899 and the inauguration OF the
wires on the part of that dying body. It
had no power or authority whatever over
the Government TO be erected under the
new Constitution.
Furthermore. that body could only Z
by a ma jority OF all the States or colo
MES. each having but one vote, and at
the time the foregoing resolutions were
passed there were but two States repre-
scented. Its action had. therefore, only
the force of a suggestion, which. being
acted upon. was quite sufficient
The members OF both houses finally
got together, not. however, until April 6,
First Congress. Nobody ever questioned
the legality of their asscmblage.
The 4th OF March was subsequently
fixed by act OF Congress as the date OF
the commencement of the term OF each
new Congress. Why Is II not as much
the duty OF the new Congress to meet on
that date and organize as the coordinate
legislative branch of the Government as
that the head OF the executive branch
should bo then indicted into office The
other coordinate branch, the Supreme
Court Is in continual existence, There
is no lapse In the executive and judicial
branches of the Government Why
should there be ten months lapse in
the most important of the three. the leg
! islative. with every new Congress?
That this WAS not contemplated by the
trainers OF the Constitution is clearly
shown by the language OF Article l.. sec
| ton J. THE Congress shall assemble al
least once in every year" and by th'
power conferred upon the President II
Article H.. section 3, to convene Con
gress on extraordinary occasions. Tou'
| exposition of the reasons for giving thu
| President this power ave Lnanswerablt
, and clearly show that 1t was not in
tended that il should ne the duty OF th'
| President TO breathe the breath of life
so to speak. into tho coordinate branCl
| Of the Government with every new Con
press by using plea OF extraordinary
| occasion TO call Il together or otherwise
permit years lapse in that branch.
+. l., HITCHCOCK.
acRAHroA. Pa. April D.