Kansas City daily journal., 1896-12-28
PRESIDENT WITHOUT AUTHORITY
IN THE CUBAN MATTER.
SENATOR cHANDLER's LETTER.
ABLE COMPARISON OF LEGISLATIVE
AND EXECUTIVE POWERS.
Says Cleveland and johnson Were the
Only Presidents Who Attempted
to Defy Congress-Apropos
of the Proposed Cuban
Recognition.

Chandler has written the following letter to
the Washington Post:
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 constitution.
There are certain five lines which eminent
Spanish-American lawyers ought to read.
Section s. after enumerating in seven
teen clauses the powers of congress- adds.
another as follows:
' To make all laws which shall be nee
essary and proper for carrying into execu-
tion the foregoing powers, and all other
powers vested by this constitution in the
government 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 AFRO
CANT personal government at the executive
mansion to revise their assertions.
1T is not contended that the above clause
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?
.'First-To make treaties with the con-
sent of the senate).
''Second-To command the army and
navy.
''Third-To grant pardons.
"Fourth-To appoint officers of the Unit
ed States.
'Fifth-To convene congress and to ad-
journ 1t when the two houses disagree.
"Sixth-To receive ambassadors and 9TH
er public ministers.
"Seventh-To take care that the laws be
faithfully executed.
"Eighth-To commission officers of the
United States.
1.-THE above are all the powers granted.
Compare them with the long list of pow
ers given to congress, including that to
declare war and to provide for the COM
mon defense and general welfare and end
ing with the power given in the above
clause to make all laws necessary and
proper to carry into execution all the
powers vested in the government, or in any
department or officer thereof The presi-
dent 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
controllable power, but congress may by
law open all prison doors and let the GRIM
inals go free. He may make treaties with
the consent of the senate and Trey become
law. 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 for
eign ministers. Yes, but only ministers
from countries which congress chooses
to have recognized. If two governments
are striving for control of a country, con-
gress may, by law, decide which govern
ment the United States will recognize, and
tho president is bound to obey the law and
receive a minister from that government
and refuse to receive a minister from tho
other.
1.-The idea that the president has the sole
prerogative of deciding what foreign gov
ernments shall be recognized by the United
States has no foundation whatevr in any
words to be seen in the constitution. The
fact that the president has recognized new
governments without congressional express
sion, when congress and the people have
approved his action, is no proof whatever
that when they disagree with him they
cannot 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 otherwise,
whether by action or non-action, the whole
subject may be controlled by a law passed
over a veto, under the ample powers in
congress granted by section of article l,
of the constitution which are not restrict
ed or limited in this respect by any other
clauses in the constitution. There is no es-
cape for the advocates of monarchical SOW
ernment in Washington from the provis-
ions of clause is section s, article l.
1T is singular that the only two presi-
dents who have undertaken to defy con-
gress have been Andrew johnson and Gro
yer Cleveland. The one tried to create
and maintain against the will of congress
ten new state governments In this Union,
the other claims the right against the will
of congress to aid in sustaining abroad Il
| bloody tyranny over an oppressed nation.
Mr. Johnson betrayed and abandoned the
party which elected him; his treachery was
condemned by all right minded men, and
he went out of office without party and
without a friend. Mr. Cleveland still lin
gers with u.s."