Evening star., 1896-12-23
CONGRESS AND THE PRESIDENT.
Attitude OF the Executive Toward tho
Lc8islntfve Branch Of Government.

Attitude OF the Executive iowa rd tho
Legislative Branch Of Government.
Mr.. John H. Haswell, writing to The star,
comments upon the private letter written
by Mr.. Miller ex-Attorney General Of the
United States and published in The Star of
Monday, in wi ich Mr.. Miller cites the opin-
ion of the Supreme Court in the case of
Williams agt. the Suffolk Insurance Com
pany to show that the court has decided
that the President has the right to deter
mine facts with respect to our relations
with foreign governments, and that such
decision on the part of the executive is
conclusive IN the Judicial Department And
In this view it is not material to inquire nor
is 1t the province of the court to determine
whether the executive be right or wrong
Mr.. Oiney" writes Mr. HaswelI goes
further than this. and practically takes the
position that in the event of Congress pass
ing a resolution recognizing the Cuban re-
public over the veto of the executive, the
President will ignore the resolution. and
therefore decline to act upon it. And this
&C Inclusion he has communicated to the
spanish government" After referring to
the veto power and other powers conferred
by the Constitution upon the President
Mr.. Haswell proceeds:
AS showing the loyalty and subserviency
TO the Constitution CT former administra-
tons. and also illustrating the respect en-
terta1ned by former executives toward the
legislative branch of the government. l will
might be brought forward.
During President Jacksons administra-
ton Congress and the executive became
what might be called at swords points
Both houses were passing resolutions of
inquiry calling upon the various depart
nientS Tor papers ard information. Pres
ident jackson bore it for some time, when
at last he sent a letter to the heads of the
departments ordering them not to COM
municate any information to Congress- not
Withstanding resolutions calling upon them
N n inn bod h11v.
house. At the same time he informed Con-
sress that If any specific informa ton was
requested of him he would promptly re-
spond, but it must be understood that he
was the executive and he would not per-
init any general drsg-nct to be thrown
around the departments.
when James Buchanan was Secretary
Of State he wrote as follows to a foreign
minister:
" The President would violate the most
sacred rights of the legislative branch of
condemn any position of their proceedings,
even to his own countrymen. Much less
therefore, can he be called upon by the
representative of a foreign government for
any explanation, condenmnatio defense or
approval OF their proceedings. The
President will be ever ready. in the kindest
spirit to attend to all representations of
| the - government, communicated in
| form which does not interfere with his
| own rights or those of Congress- How
| does this language compare with that used
| ny MI olEey, dcIlug as tHe mOutnpiece OF
| the President?
In the month of April, 1917, Secretary
| of State Rush and the British minister en-
| tered into a diplomatic arrangement in re-
gard to the naval force to be respectively
| maintained on the American lakes. This
arrangement never took the form of a
| treaty, nor was it ever sent to the Senate
| for its approval. BY its terms, upon notice
of either party, the compact was termin-
| able in six months.
During the civil war owing to the un-
friendiiness of. the Canadians and the de-
! signs of the confederates who were har-
bored among our northern neighbors it
became necessary to give the necessary
notice for its abrogation. and Minister
Adams was instructed Before Mr.
Adams reported his action in the matter
President Lincoln and Secretary Seward
arrived at the conclusion that proper re-
! spect had not been shown to the legislative
branch of the government, and more par
| ticularly to that portion of it which had
supervision over the subject of treaties
1T was consequently concluded to ask
Congress for authority to abrogate the ar
rangement which resulted in the Joint res
olution comforting the authority upon the
President to do SO. The situation changed
the resolution was not acted upon and the
arrangement is still in force
Spain now claims that the recognition Of
| the republic of Cuba by the United States
would be an act of unfriendliness She
seems to forget that she made haste to he
the first nation to recognize the southern
confederacy. But that is over thirty years
ago. -