The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-12-30

be free to exercise its constitutional
power of declaring war while it was
hamperea by the previous exercise
of the executive Judgment on the
same subject He said
elf the legislature and executive
have both right to judge of the
obligations to make war or not, it
must sometime happen that they will
Judge differently The executive
may proceed to consider the question
to day, may determine that the United
States are not bound to take part in
war, and in the exercise of it's func-
tions proclaim that determination to
all the world Tomorrow the legis.
lature may follow in the considera.
tion of the same subject, may de-
termine that the obligations impose
war on the United States, and in the
exercise of its functions enter into a
constitutional declaration expressly
contradlcting the constitutional pro-
clamstion.
Discussing the right of the execu
tive 10 determine the recognition OF
foreign governments, which had been
claimed by Hamilton under the clause
of the Constitution authorizing the
President TO receive ambassadors,
Madison said:
Are his credentials from the exist
ing and acting government of his
country? Are they properly authen
ticated? !? These questions belong of
necessity to the executive, but they
involve no cognizance of the question
whether those exercising the govern
ment have the right along with the
possession * 1t is not deniep
that there may be cases in which
respect to the general principles of
liberty, the essential rights of the
people. or the overruling sentiments
of humanity might require govern
ment, whether new or Old to be
treated as an ilIegieimate despotism
Such are in fact discussed aud admit
ted by the most approved authorities
But they are great and extraordinary
cases, by no means submitted to so
limited an organ of the national will
as the executive of the United States,
and certainly not to be brought by
any torture Of words within the right
to receive ambassadors -
1t is just such all extraordinary
case as Madison here describes that
confronts us in the Cuban question.
1.-The general principles of liberty" :"
",he essential rights of the people, y
and "the overruling sentiments Of
humanity" all require that we should
treat the Spanish government of
Cuba as "an illegitimate despotsm !"
In fact, 1t is high time for this coun
try to assume that all "despolism'
on the American hemisphere is ellie
gitimate. F" But il is for the legisIa-
ture, as the organ of the national
will, to declare this, and the func-
ton of the executive is to communi
cate to foreign powers what the leg
isature has declared.
All the letters written by Madison
over the signature of "He!vidius"
were submitted to Mr. Jefferson, and
approved by him before publication,
80 that we have the authority of his
great name in support of Madison's
position
The contest between the cham
pions Of executive power and the
friends Of the constitutional rights of
congress, thus begun in the early
days Of the Constitution. has been
transmitted through the century 1t
was cne of the great issues that
made Thomas Jefferson President,
and it was the principle that the peo-
pie through their representatives in
congress and not the executive,
should dictate the policy of the gov
ernment, both foreign and domestic,
that gave it's name to the Democratic
party
No Democratic President from the
time of Jefferson to the present at
tempted to dictate the foreign policy
Of this country in opposition to the
direc, will Of the Legislature.
j. S T.
Washington, Dec. %.
Gov Evans Yesterday received a