The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-28

say Is that, following out the IrcCeuents
set by other governments, notably those
OF Europe, our own government has estab-
lished the practice of leaving recognition
of belligerency and independence to the
president The constitution Is silent on
this point 1t does not expressly delegate
the power either to the executive or to the
national congress. In this way the prac-
tice grew up, following the international
custom, of leaving all diplomatic matters
To tho executive. So confirmed has this
pracUico become in this country that rec
ognition Of the independence of "a now gov
eminent, if made by the president without
the cooperation Of congress, would have
been, and has been time and again, recog-
nizcd ny the courts, by congress itself and
by the nations of the world. 1t has, fur
thermore, been so well established that il
congress had at any time stepped in and
by overriding the veto of the president
had sought to recognize a foreign govern
ment which the president refused to recog-
nize there would have been grave doubt
as to the legal and binding effect of such
action. The matter would have had to be
determined by the courts with great trou-
BILE and embarrassment
But, after all, the whole question is as
to the location of the sovereign power in
our system of government. Is this gov
eminent by parliament or government
by presidents To ask this question is to
answer it. No one doubts that it was the
intention of the trainers of the constitution
to place the sovereign power in the hands
of congress. The president is i'm a large
measure merely the executive force that is
to carry out the will of congress. 1t is not
necessary to debate this phase of the mat
ter. 1t is too well settled TO require eluci-
dation. But it will do no harm to men,
ton that the congress Is the only power
which can declare war, which can issue
letters of marque and reprisal, which can
regulate our foreign commerce and which
can define and punish crimes on the high
seas. While the president must receive en-
bassadors and ministers and curry ON our
foreign intercourse, that Is a matter of
convenience and practice. Congress could
not do this. 1t must necessarily be left in
the hands OF a compact power like the ex-
ecutiyo.
The Supreme Laws.
ut Is noticeable, however, that the pres
ident cannot send minister or oinbassa-
dor tn foreign government without the
consent Of the senate. His nominations
lor such posts must be confirmed by tho
senate He may and sometimes does send
personal agents to another government, as
when he sent Mr.. Blount to Hawaii; but
they do not carry with them the right to
represent this government in its sovereign
capacity. 1t will also be remembered that
the constitution says tho laws of congress
shall be the supreme law of the land, and
ID does not matter whether they arc laws
that have been signed by the president or
that have been passed over his veto. So
long as they become laws under the consti-
tutional provision they are supreme.
This Is my conclusion as TO the whole
matter, the gentleman continued. "The
power to recognize the sovereignty of a
state Is sovereign power, and therefore
must be vested I'm the people through their
parliament To say anything else would
be to propose an entire change In the
structure and spirit Of our government.
In the past. congress has not exerted that