New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-19

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Of Congress and knew that the delay In the approval
| If that constitutional law not due 10 want Of
confidence but simply the exercise Of the right OF dis
cussiOn and scaization which has been exercised Dy
| and recognized to the parliamentary minority
! But Mr. Balmaccda prctendS, moreover to JUSTIFY
his violation of the Constitution the plea that Con
gress has violated il by not voting the law fixing the
expenditure and the naval and land forces 10 Sno"
| the absurdty Of this claim have simply TO quote
Art % of the Constitution which provides mat Only
by virtue of a law is IL permissible:
ITO Tx annually the strength OF the naval ana
/ land forces"
"To fix annually the expenses of public govern
| ment."
The Constitution does not say that Congress must
pass such law, but simply that the pubic expenses
and the land and naval forces are subordinate - ana
only can exist In virtue Of an annual law mat snail
authorize them. The words Of the original Consutu-
ton are solo en- virtud de una ley &c pntde mar
anualmene los gastGs, etc. ANY one knowing SpaNi9h
knows that Sc puode does not mean must OF Is oOlscu
TO- but simply is ii possible, or can.
! No one had placed the clear sense OF thS pro
vision in doubt Mr.. Balmaceda himself had Ieped'euS
recognized il.
In fact il IS evident that the founders intended that
Congress might use this constitutional right as checK
on the Executive 10 prevent him from uohS as nc
pleased with the army and navy and OF spending the
public money as he wished. And how necessary ui'
check is may be judged Of by the fact That 1t Is inc
only check which the Constitution gives congress
against the almost Omnipotcn power of the President
who has the appointment of every public employee OF
the ministers, the judges the clergy the Officers "i '
Army and Navy the intendencS OF provinces ulo
governors of departments, even GOWN 10 'Ac J"''''
of all public Offices.
Mr. Balmaceda wilfuy mistakes the facts because
he knows that he one of a committee 10 recon-
mend bill to Congress which was approved ana "hoh
fixed The 2lst of December the day when the dis
cussion on the budget should terminate unless Con-
greSs voted to postpone such discussion.
Mr. Balmaceda himself asserts that the budget had
not been voted 10 former Presidents ill after the 1t
of January he knows that Congress according 10 Ia"
could continue the discussion until the list OF Dcce
Der and could, If IT wished, postpone The date ana SeI
he claims that Congress violated the law by not passing
the budget in time although he closed lis sessions al
the end of september thus not giving them an op
portunity to pass that budget if they had 80
wished to do. This he call, constitutional violation
on the part of Congress and claims that II Is iI Va,
senior Zeyers says: These contradictions tins want OIL
respect for historical truth and doctrine, reveal 10 INC
country the dangers involved IN Inc Nhiu'ii"'o">
of Omnipotence.'
THE DICTATORSHIP. q.
1t is in vain for Mr.. Banaccda to attempt 10 HNei
his acts Dictator to those OF Cmhs former fIco'
dents. They all recognized the express right gwen !"
Congress grant not the law Of appropriations anu
to vote il at any time. and the night also oil pospohS
the vote 1t is useless for Mr.. Balmaceda to auemp
TO demonstrate the contrary; there are historical idc'S
and doctrines which nothing and nobody Can alti VI
destroy.
The Congress Of $50 has used only the rights which
all the preceding Congresses had used, rights WhcH
had been respected Uy all the Presidents o OHIl Ia
| Guiding Mr.. Balmaceda himself. ana Wheh HVuouS
had mad the arrogance or the audacity TO Gely' MI,
But senior BaIHaCcda himself recognizes inc "clh
ness of his position and claims that nc can 90 a. i'c
psa1S, because Art citizen go o Min inc The Oi c Of
President OF the Republic OF Chl siian govern Cove
the state and lie IS the supreme Chci ol inc N"'Uii
] and fnersft le
instant neglect 10 govern the state, and because II
is my duty 10 observe 1t (tAe COnslituqh), WIZ WIZ
not deliver up my citizens 70 anarchy lie does not
refer to the citizens OF Chill Tut to s own otncns'
and again he SAYS tat ndimuon a. II ~ ARMY and
Navy and shall pay the services that Constitute the
the fact that Congress has not passed the law auoFiL
ing the expenditure Notwithstanding ,
He defines his position OF Dictator even more 'e''eN'
The Whole question is this /. Shall or shall not
the Army and Navy De paid their wages, and shall
or shall not the service Of the debt and the cost Of
not the 10000 public employees and the 10000 work
men employed on railways, roads. bridges, schools
lyceums, ias, temples and 50 many WORKS tha' az
with respect to the pay Of the Army ana Navy,
he adds although the law is for one year the Con~t
tuition says that the taxes shall be decrctd Tor eTn@
months and they expire at the end Of next June.
lie could with as much reason say although me Do,
situon does not authorize the building 81 iatWdN
TO the moon st il Authorizes the collection o IiNc'
and MI F ,ar h w,S rcTpna 10 te psy of M
public employees and the men employed ON pHH1o
| works Will not leave them "lthout bre'u;; we
will not deprive Of their pay the thousands OF men
and their families who earn a livelihood by gvinS
their services to the state VIII Ho' dcNgt "l
Cdn to de,par' ThA IS. he claims t4at thy WI
starve, and rather tlan allow this he IS Willing TO
But he does not appear to be satisfied with his
T% ortn ana a Iay IN: Fepre@ntage Government
Or parliamentary government: "Iii, J., tic dicina
bT tie le' Co ms
lie admits mat, it is paIiammery government rent
amLition Of the coalition has been developed
under the ideas belonging to parliamentary govern i,
exercise my constitutional prcrogltivcs, shall OPP
pose it with unfalterng resistance .,,
that the President Of chill a supreme authority which
can under certain circumstance, forget the fnlmcnt
Of the supreme law Of the land. for the Consutltlou
Article 100. expressly prohibits any branch Of the
@ aTn any pS d qf ' EVEN anG % T u
extraodinay crcumstahGcs' any aI'n1N or rg ms
laws. All acts III contraventIoh OF TINS aru'e arc
II is for this reason that the supreme Cont Of Chll
has decided that since the first Of January last he
Army and Navy have no legal cXi,tencc and that thc
much as he IS not authorized by law OF CONGRESS.
According 10 Constitution the President j, simply
the executor Of the Will Of Congress. when IN carh
particular regulates defines. authorizes or ii
moreover that the present conflict is not between him
self and the people but between himself and parla
ton Of the Constitution which he confesscs is not
properly speaking violation Of the rights Of Congress,
|
because ii that will which is consccratcd in the CON
sutOn and the laws which he swOrc 10 observe and
maintain.
Congress IS authority created by the Constitution,
but limited in me e e3ere Of bsc h@"gf ON f a
lowest level which Mr.. Balmaccda has placed HIM
self Bv the side Of Congress the people the only
sovereign in free countries. who. when its in~tI-
tuliOn have been trampcd upon and volicd have the
perfect and absolute hight Of Furnishing the crime.
This is what the Gillian people doing a free
people who have conquered their independence and
given themselves free Institutions can never permit
that these shall be violated.
The remainder u Iir. Ralmacedn's manifesto il
taken up with praises of himself aud bitter attack
against the scnal MAJORITY. which he calls the
coalition and denOunceS because Of it, failure 70
te bills Increasing the pay of the Army and Navy, and
the public employees This latter charge is almost
the only statement In his manifest that true. Con
grpSS did refuse 70 pass these bills because II was
determined pass the electoral law and the municipal