The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-05-16
WHICH Is CHILE?

Anent the Chilean controversy, and re-
garding that country as "a power with
which we are ut peace" and one between
which and the United States there are
amicable relations and ire atty obligations,
contemporary very pertinently asks
which of the two contending parties, con-
gress or the president, is to be considered
the government" of Chile? Which is the
power" with which we are at peace, and
which is best entitled to invoke our treaty
obligations?
In our own country at one time there
was contention which did not go TO the
full extent that the Chilean trouble has
reached, but which, as far as it went, pre-
sented parallel case. Andrew Johnson,
as president, denounced congress for exer-
cising unconstitutional powers as chang
ing on the verge of the government" and
both at the capital aud while swinging
around the circle" defied it and adjured
the people to repudiate it.
Congress was equally bitter against and
defiant of the President. The House by a
heavy majority adopted articles Of i'm
parchment, the Senate sat as a court to
try them, and voted IS ayes to 10 nays on
his conviction and removal from Office.
The transfer of one single vote from the
minority to the majority side would have
made the neces sary two-thirds. Thus by
heavy majority in both branches the
right to impeach and remove the Presi-
dent was asserted, and with change of
onevote in the Senate it most certainly
would have been enforced.
Nobody claims On the other hand. that
the President can remove or even question
the right of one single member of con-
gress. But suppose that President john
son had been backed by General Grant
and the army, and assumed, like Bal
maceda, to drive congress out of Wash
ington, and that body, thus driven out by
force of arms, had re-assembled in New
York, Boston or Philadelphia, where is
the true American who would claim that
Andrew Johnson, rather than the Con-
gress, represented the United States as
the "power" with which friendly govern
ments were at peace, to which they were
bound by treaty obligations, and which
was entitled to recognition and respect
The condition Of France in 1851 affords
another, and perhaps even more striking
parallel. All existing treaties between
that country and foreign powers related to
the republic of which Louis Napoleon was
president, under constitution which rec
ognized also a coordinate parliamentary
body. But by coup detat Napoleon de-
fled the constitution, overthrow the repub-
lie and proclaimed the empire. Suppose
the French Assembly had resisted the
usurper, and had assembled and en-
trenched itself in the provinces, re-assert-
ing and seeking to maintain the republic.
Which would have represented the
power" with which those bound by then
existing treaties were at peace and should
have recognized2
1t has been broadly intimated, and
seems quite probable, that these consider
atoms influenced Secretary Blaine when he
was overruled by Secretary Tracy and At
torney-General Miller in relation to order
ing pursuit of the Itata. AS general rule,
beyond doubt, in free or constitutional
governments, in case of conflict between
the legislature and the executive the pre-
SYMPTOMS are always in favor of the for
mer. In our country, certainly, this is
plainly implied in the investiture of con-
gress with the power of impeaching a
president and the failure to invest the lat
ter with any corresponding or approx
mate power over congress.
Besides. our government has recognized
not fully and formally, to be sure. but
measurably-the Congressional party in
Chile as belligerents. On no other theory
can the offer to arbitrate the differences
between them and Balmaceda be justified,
and with no other theory can it be recon-
ciled. And that offer on this theory con-
forms TO reason as the best way for dispos-
ing of pulling treaty obligations. The
Chilean constitution may differ materially
from ours as TO the assignment of powers
10 executive and legislature, but applying
the principles OF our institutions, as be-
tween the President and congress the
latter is the government. BY that rule,
ms the congress is with the so-called in
surgents, the latter. more essentially than
Balmaceda, are entitled TO recognition as
Chile. or at least as the paramount govern
ing power of that country.