A. J. James to Beriah Magoffin

KYR-0001-023-0026.xml

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Accession Number

KYR-0001-023-0026

Document Genre

Correspondence

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, 1859-1862

Item Location

MG1-202 to MG1-203

Place of Creation

Frankfort, Franklin County, Kentucky

Date of Creation

9 February 1861

Dates Mentioned

1861-02-09

A. J. James to Beriah Magoffin, 9 February 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, 1859-1862, MG1-202 to MG1-203, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-023-0026, (accessed December 22, 2024).

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Att^o Gen^ls Office
Frankfort 9 Feby. 1861.
Gov^r Magoffin,

I am of opinion that the present called session of the Legislature, like one if its regular bi-ennial sessions is limited by the constitution to sixty days unless extended by a two thirds vote. The words of the constitution are "nor shall a Session of the General assembly continue beyond sixty days except by a vote of two thirds of all the members slected to each house" (Sec. 24 of Art. 2.)

And that the sixty days named in the constitution are days of actuall Session -- not counting days of recess. --

I am influenced to the opinion that this is the proper construction among other things by what may be seen in Sec. 13 of Art. 3. where power is given the Governor in ~~certain~~
case of disagreement ^of the two Houses^ of the Legislature with respect to the time to which they may adjourn, to adjourn then "to such time as he shall think proper not exceeding four months." Now this is manifestly inconsistent with a sixty day session if your adjourn the Legislature four months and at the same time count the days of recess. But if you exclude the days of recess and count only the days of actual session then there is no conflict with the previous part of the Constitution.

Yours Respy
A. J. James Att^o Gen^l

A J. James
opinion --

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