The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-28

revise their assertions. It is not contended
that the above clause 1s gives Congress power
by law passed over a veto by 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?
l. To command the army and navy.
2. To grant pardons.
3. To make treaties with the consent of the
Senate).
a. To appoint officers of the United States.
5. To convene Congress and to adjourn 1t
when the two houses disagree.
6. To receive ambassadors and other public
ministers.
2 To take care that sa ssss be faithfully
executed.
8. To commission officers of the United
States.
The above are all the powers granted. Com
pare them with the long list of powers given
to Congress, including that to declare war and
provide for the common defense and general
welfare, and ending with the power given in
the above clause 1S 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 President may command the army and
navy. Yes; but Congress by law may give
him specific direction, what 10 do with them,
to use them in any particular direction or not
to use them at all. He may grant pardons
Yes; but Congress may by law open al. prison
doors and let the criminals go free. He may
make treaties with the consent 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 regu-
late the power of appointment by civil service
rules; he is TO commission all officers, but he
can commission only those who are ap-
pointed in pursuance of law He is to receive
the foreign Ministers. Yes; but only minis
ters from countries which Congress chooses to
have recognized. If two governments are
striving for control of a country Congress NAV
by law decide which government che United
States will recognize, and the President is
bound TO obey the law and receive minister
from that government and refuse to receive a
minister from the other
The idea that the President has the sole pre-
rogative of deciding what Government shall
be recognized by the United States has no
foundation whatever 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 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 as
otherwise, whether by action or non-actiop,
the whole subject may be controlled by law
passed over veto under the ample powers in
Congress granted by section of article of
the constitution, which are not restricted nor
limited in this respect by any other clause in
the constitution. There is no escape for the
advocates of monarchi ial Government in Wash
lngton from the provisions of clause 49, sec
ton 8. article i.
1t is singular that the only. two Presidents
who have undertaken to defy Congress have
been Andrew Johnson and Grover Cleveland
The ore tried to create and maintain against
the Will of Congress ten new State govern
ments in this union; the other claims the
right 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
treachery was condemned by all right-minded
men and he went out of Office without party
and without friend. Mr.. Cleveland still lin.
gers with us.