The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-22

SEATTLE. TUESDAY. DEC. ss.
RELATIONS or PRESIDENT AND
CONGRESS.

congress In the matter Of recognition Of
Cuba has aroused foreign. ss well as hons
Interest. There f. a very decided conflict
of opinion on the subject. but while seers-
4sry osney may take the best view OF it
from q political standpoint. II does not
seem so sure that he VIII havs a strong
array Of authorities on the legal slds.
The letter Of Judge Cooley has not been
given general circulation. although u
must possess great weight. as the opinion
OF 80 eminent an authority on oonstii0-
fsonai Law. In It's absence the views OF
ssorey. no ssss esteemed writer. may be
quoted.
Tho reason. ne points out. why power to
declare war was lodged In congress was
because Of the burden Of taxation IL I'M
poses on the people. = 1t was rightfally con-
ciudsd fhaf the president should not IN
voave the nation In war. but that the rep
resentatsves OF the people shoald hold i'm
reserve that final act OF hostility. He ar
rnes. however. that - large body stimuli
lated by the exhilarafion or an aggressive
policy. might be tempted 20 declaration
with Less sense or responsibility than ons
man might possess. Therefore. he says
while the representatives OF the people
have tho right 10 be consulted as TO It's
propristy and necessity. ''the executive
In 90 carry q on and therefore should bs
consulted as 60 its time. and the ways
and means OF making Il effective"
Desty lays down tho principle. too. that
ths executive 10 endowed extensively with
the prsrosanvs Of conducting diplomatic
cosrsspond~sos~ithf foreign countries. and
that The political function IL entirely dis-
tinct from the poweru accorded congress.
Although Nafison and h4 congress dif-
f~rsd a. 20 GA advisNsai1y q a war with
Eaxfsnd. ne legislative body al not at
terpt 20 rssosr alone 10 extreme mess-
urss. The eniy cth~ eso&xion arordlng
opportunity Ter . eoil<ion Of authority
WAS eAAt anfsos;ens 20 hostiiiass with
Fra-ss zhen. hovsvsr, France was not.
as Spain 10 now. endeavcEing 70 avoid
hos,Sisiss. Tia so6ntry never formally
Declared war against France. The con
cifisn wAs what BE- known a. isnperfes,
war. and congress achieved in purpose
~ iexisiastoa stri1tiy within IT. powers.
law was passed entitled An act 20
moro erectuaily protect the o0as; and
commerce q the United States" and an
ether TO authoriEs the defen<s u the mer-
chant ve~s.hs Of the United States against
Frsnch dopredAsions." These gnfriendly
sesa provoked tho conflict ana IN a suit
Instituted In the United States supreme
court some interesting comments were
made by the court. Their eniy direct IN
nnenca on tho present question. however.
b. In showing that congresA may. BY in-
direction. ana OF course wathoat approval
OF the president. by "a vote overriding tho
veto. bring abou, even an imperfect hos
sility short OF tho declaration Of war.
The United States was on another CO.
crsion brought into an attitude Of hostll-
ity 20 Spain without either a declaration
Of war Or ne recognition OF an iadepSnd-
Ont government. IL more nearly sp-
proaches the present situation than any
other In eur history. II was the case %
Bnanos Ayres, THIS government ald not
at frst acknowiedrc an independent SOW
erslgnty "a BuenoS Ayres. hGt ''rocog>
niEed the existence OF a civil war between
Spain ana her colonies" This Vas ass-
oompsnied by me usual International rule
OF nsutratity, and the government
"avowed a Determination 70 rennain nen-
trail between the parties and % allow each
the sasre rights az asylum. hospitality ara
intercourse" Commenting upaa this TIA
United States saprama cours lad down
the conclusion tha; each party Ia there
fore deemed by us balhFcreat nation.
having. go Ear SIS concerns us. the sover~
sign rsxats 81 war. We cannot interiors
se the prejudice % ether eei'gSsrent WITH
cut making ourselves = party 20 ths con-
test and depsrsins from the posture o,
neutrality
In that came case tss court se's tAa,
'rhers 10 ncthfng On Cur laws. or in Ire
laws Of nations. that sorslds eur cftiEcu.
from sending armed vessels a. wei az
munitions Of war 20 foreign pcvts toy
sale-" TIE risk OF capture was sAs bust
ness Of tscse making The ventura and II
captured there could he 10 right on cur
part 20 irfsrfere eft does not Re n ths
mouths c< wronxtosrx @ 80 up y uile
derived from q Violations q or a~atral-
i,y."
There n cue cerssscn ree0~1sa "a Arse~~
soAa a.s.eory when ere pres.esat GO n,s
wax for conx-~ss. Tas eersiss ~ pafo
Alto snd Rs~AcA ds Ia Fslmz hAa h~sa
seuxa; hs.os'e sts 20 szsaTs ~ stae aes reccr-
siss.r - seass 81 var 90 esistsug ~ ia
az - Ire rupuf,ie CT Nexsea.~ witch
ssrSed only 10 provids ser sie esturs eros-
seatsca % re war ard 60 rsssfy ghs sclton
e re president IN Hecert.us ess1ians~
~s1Aous a previous forasai eeelaeSfaoz a
var ~ congress Justice Grssr naa,ts sesns
rsnaE4<s AZ kAas tsrne waaacA s. - ncsr gae
sussect sslstser ~ -sN prszes< e>ss srsg es ~
- events Aave nrsusas serea lie sssa
tax Nsssie sbs president ccssaa nsr csc3s~e
va. ~ Is hls euty 90 take care tasAs ~.
laws ee sassAsui,y executed.
san. a. these ooe3ssoas So FAR tgea
rsr@llellnx tle EFeseas soaeltses- tas'ssecl
A~s Asye eeea passed prsyss.rS va. -