The record-union., 1896-12-28
Or Independence of Foreign Country
or Its Dependency.
He Quotes a Clause of the Constitu-
tiOn That He Claims Gives Con-
gress the Power, and EnumerateS
the Powers Delegated to the Presi-
dent, and Says That Johnson and
Cleveland Are the Only Presidents
That Have Undertaken to DEFY
Congress.
Congress-.


| Chandler of New Hampshire takes is
sue with President Cleveland as to the
| power vested in the President of the
| United States to alone recognize or not
recognize the belligerency or indepen-
| dence of a foreign country or a depen-
dence of that country. He lines UP on
| the side of Cuba and in an interview
made public tonight he takes strong
| ground in favor of the rights of Con-
| gress. Discussing the subject, he says:
| The new immigration law, if it passes
| will require foreigners coming to live in
| this country to read and write as "a test
| five lines of the United States Consttu-
| ton. There are certain five lines which
eminent Spanish lawyers
! ought to read.
| Section ), after enumerating in sew
| teen clauses the powers of Congress,
adds another as follows: rs. To make
| all laws which shall be necessary and
proper for carrying into execution the
| foregoing powers, and all other powers
| vested by this Constitution in the Gov
| ernment of the United States or in any
department or officer thereof
| A study of the above clause may lead
| some of the defiant advocates of an ar
rogant personal Government at the ex-
ecutive mansion to revise their asSer-
| tions.
| 1t is not contended that the above
| clause Is gives Congress power by law
! passed over a veto by a tWo-thirds'
vote TO interfere with any power made
exclusive in the President by express
| words or necessary implication. What
are the powers expressly given to the
| President?
| % To command the army and navy.
| q To grant pardons. 90 To make trea-
! ties (with the consent of the Senate).
| "a To appoint officers of the United
| States. 90 To convene Congress and
| to adjourn it when ,he two house dis
agree. 90 To receive ambassadors and
other public Ministers. % To take care
| that the laws be faithfully executed. (S)
| To commission officers of the United
| States.
| The above are all the powers granted
| Compare them with the long list OF
powers given to Congress, including
| that to declare war and to provide for
| the common defense and general well
| fare and ending with the power given in
the above clause IS, to make all laws
necessary and proper to carry into ex-
| ecution all the powers vested in the
Government, 'or in any department or
| officer thereof" The President may
command the army and navy. Yes, but
| Congress by law may give him specific
directions what to do with them; to use
| them in any particular direction or not
| to use them at all. He may grant par
| donS. Yes, that is an exclusive and un-
| controllable power: but Congress may
| by law open all prison doors and let the
| criminals go free.
| He may make treaties with the CON
| sent of the Senate and they become
laws. Here is the only power to make
law not vested in Congress. He may
appoint officers. Yes, but Congress
| may create and abolish the offices, and
regulate the power of appointment by
| civil service rules; he is to commission
all officers, but he can commission only
those who are appointed in pursuance
| of law. He is to receive the foreign
Ministers. Yes, but only Ministers
from countries which Congress chooses
| to have recognized. If two Govern
ments are striving for control of a
country Congress may by law decidz
which Government the United States
will recognize and the President is
bound to obey the law and receive a
Minister from that Government and re-
| fuse to receive a Minister from the
other
| The idea that the President has the
sole prerogative of deciding what Gov
/ ernments shall be recognized by the
| United States has no foundation what
ever in any words to be seen in the
| Constitution. The fact that the Presi-
dent has recognized new Governments
without Congressional expression when
| Congress and the people have approved
his action, is no proof whatever that
when they disagree with him they can
not control him by law. He is their
agent, and when he does what they
want him to do no law is needed. When
he threatens to conduct himself other
wise, whether by action or non-action
| the whole subject may be controlled by
a law passed over veto under the
ample powers in Congress granted by
Section s Of Article I. of the Constitu-
ten. which are not restricted nor linn
tied in this respect by any other clause
liz the Constitution. There is no es-
cape for the advocates of monarchial
| government in Washington from the
provisions of Clause Is. Section s. Ar
ticle l.
| 1t is singular that the only two Pres
! idents who have undertaken to defy
Congress have been Andrew Johnson
and Grover Cleveland. The one tried
to create and maintain against the will
of Congress ten new State governments
| in the Union; the other claims the righ.
against the will of Congress to aid in
sustaining abroad bloody tyranny
over an oppressed people.
Mr. Johnson betrayed and abandoned
| the party which elected him, his treach-
cry was condemned by all right
minded men, and he went out of Office
without a party and without a friend
Mr.. Cleveland still fingers with us
| The true democratic idea is, not thai