New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-21


arbitrator. on whose justice the dethroned queen
relied Ito wit the United States)-there took place
certain transaction which suggests queS-
ton: What is the United States OF America
Who represents, IN great national or international
affairs its purpose its honor its policy to foreign
relations?' And that transaction was TINS Inc
present President OF the United States was inau-
gurated on Saturday March !. The next Gay was
Sunday. on Monday. the 9th Of March, the names
Of q proposed Cabinet were sent TO the Senate ana
were approved And on the eth of March amid all
the exciting and important questions which an IN
coming Administration may deal with. the hon. Mr..
Blount departed on his m!ssion-on secret mis-
sion; on a mission OF which neither the people of
the United States the Congress (or the Senate)
had any official Information until Monday of tho
present week. ] do not think that any intelligent
man can doubt that the purpose to do this thing
formed before either the President or the Sec
rotary of State came into office, and before either
of them had official access to the archives. Mr..
Bount to Hawaii The question Of the
legality of that proceeding is question which it is
the duty of the Senate to understand and to deal
with
The Presi lent of the United States has three
powers. with which alone we are concerned in this
discussion:
First-He may appoint Ambassadors and other
public Ministers and Consuls This power only
be exercised by and with the advice and consent of
the Senate If there be vacancy in such an Office
he may fill 1t during recess of the Senate by
granting a commission which shall expire at the end
of the next session.
Second-He may appoint inferior officers. but N
all these the Office must have been created
and the power of appointment invested in him by
Congress-
Third-He may. to aid him in the performance
and exercise Of his executive powers, If convenient
appoint mere agent a Minister or spy, or a
person TO gather convey Information. But such
a person. appointed could be in
officer of the United States could exercise official
function. and could do no act whatever which could
have any binding force the United States. or
any of the people. merely because he fas done ii.
OF these powers the first two are UNREASONABLE.
and the third l have disposition to question
row. If the appointment Of Mr. Blcint fall within
either of the first two powers l have enumerated. /
suppose there will be no Senator so hardy as to
defend his appointment. If he was appointed to
exercise an inferior Office the power to fiji such
~of1ce had never been vested in the President
If he were public Minister. his appointment was
void because the Senate was in ses sion when it
wss made and 1t was never consented TO.
Mr. BL5UNT APPOINTED AS PUBLIC MINISTER.
Now 1t seems TO my mind n proposition that
never can be questioned. except under the ex-
element and stress Of partisan emergency that
this gentleman was appointed as a PUBLIC Minis
ter. He was understood by the President, who ap-
pointed him. 10 be public Minister. He UNDERSTOOD
himself to be public Minister. The powers with
essence the powers of public Minister, OF the
amplest character. He received as public
Minister by the Governm INT 10 when he WAS
accredited. No power or function OF pubic Mill
lister was denied him. No definition OF the term
lublic Minister could be made In when ne "odid
not have been included.
That person is. it seems to me. clearly puDilc
officer whose acts binding on other persons oy
virtue of the authority he IS exercising, when such
acts originate in his own discretion or judgment
and he is not merely an agent conveying the man.
date of another. Jacobs in his law dictionary
says: "It is the rule that where a man hath that
to do with anothers affairs against his VIII. ana
without his leave that this is office and he
who is in II is an officer. In the United states VS.
Hartweil, Wallace, 3S4, the question was whether
the defendant, a clerk in the office OF the Assist
ant Treasurer Of the United States. was public
officer He was appointed by the Secretary Of the
Treasury. Mr.. Justice swayne says: IAN ONCE is
a public station, or employment. conferred by the
appointment Of the Government The employment
of the defendant In the public service or the
United States. He was appointed pursuant 10 law
and his compensation was fixed by law Nacatng
the Office Of his superior would not have affected
the tenure Of his place His duties were continu-
Ing and permanent, not occasional or temporary.
They were to be such as his superior IN once
should prescribe" In United States VS.. Germaine
80 u S., JOS. 1t was held that civil surgeons APP
pointed by the Commissioner OF Pensions under
Section AIT Of the Revised Statutes not Off
GERS of the United States. They the agents OF
the Commissioner appointed by him. and remov-
able by him, at his pleasure. to procure informa-
ton needed to aid In the performance OF his own
official duties"
These cases illustrate the principle which
some Of the former Administrations have pro- I
ceeded In employing private agents. in a few |
cases. to negotiate treaties or TO learn by private
inquiry the disposition OF the people OF foreign |
countries toward this Government. or TO communi |
cate to private or official persons information which
may tend to influence public opinion abroad. Such |
persons perform official act whatever. The Pres
dent cannot delegate matchmaking power. or
any part Of II, and has never undertaken TO do So
The officer who negotiates treaty merely makes |
known to the representative Of the foreign Cow |
eminent with whom ne deals what he is author |
lied TO say the President Of the United States is |
willing to do But nothing Of the slightest binding
force has happened until the treaty Is ratified by
the President and until 1t is confirmed by the Sen
There is one decisive test az It seems to me- |
of the character which the President undertook to
confer upon this agent The public Minister is not
bs for to BE dcne or Te
private citizen has no exemption from fun respon-
happens to be. Wnl il be pretended that the Gov
Of Hawaii mh h have arrested b Bo Sas for
fered to restore her, under any circumstances?
Of e IS WIFI he be ba
the Investigation of the circumstances which led
with a." view to its possible overthrow. is not an
act which would warrant the instant expulsion from
its territory Of any person engaged In 1t other |
than the representative Of foreign Government? |
Is there any doubt that such action, under the |
law of nations would warrant the instant arrest |
and Imprisonment Of such an offender?
CONSTITUTION. OR DICTATOR:
Now. Mr.. President these questions are not to be
answered by the Senator from Delaware by revll.
Ing me: by the Senator from Missouri by re-
Wiling the Puritans OF New England They are VI
tai questions. affecting the dignity and authority
Of the Senate In relation TO OF its most i'm
portant constitutional functions and affecting the
great question of all observation-disclosures the people
u the United States are living under Constitution
Or under dictator. They not to be whisted
Town the wind. No President Of the United States.
N his widest dreams. ever thought that such
power this belonged to the Executive before the