Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-12-25

by TN" doctrines and claims insisted on by
lis own government, and thar il must
TAX them to be riEhtful until tho con-
trIrk - established bN some formal ana
authorized action OF that government. II
Is very clear that it belongs exclusively 10
the executive department Of our govern
mcnt 10 recognize. from time 70 time. any
now governments which may triS, in tie
poiitilatl revolutions of the 1surld. anG
until such new governments ara 50 reeos-
nized they cannot be admitted hy our
courts Of justice 10 have or to exercise
the common rights and prerogatives OF
SOVereigntN.
But the clause considered by itself and
apart from the context, conveys an crro-
neous impression OF The meaning of the
writer Mr.. Justice Story was not dis
tusslng the respective rights ana
powers of Congress and the President
in regard to the recognition of for
eign government. No question of any
conflict between the legislative and
the executive departments OF our own
Government was in his mind. re was
dealing with the relation between thu ju-
dietary and tho executive I'm matters Of
foreign concern. and ms to such matters
ne simply decided that tho action OF the
executive WAS binding upon the judiciary
and that the power OF the Xecutive was
exclusive in that sense. that Is. so far as
tn" courts were concerned
Upon the review OF the case in the SUI
Dreme court of the | nited States. Mr.
Justice Mclean was merely discussing th =
attitude of the courts i'll respect to eNecU-
tive action concerning our foreign reia-
tons when he used this language which
Air. Miller cites:
Can there be any doubt that when the
executive branch of the government. which
Is charged with our foreign relations,
shall. in its correspondence with a fol-
eien nation. assume a fact in regard to
the sovereignty of any island or country.
it is conclusive on the judicial depart
mentp And in this view IL is not matte
rial 10 inquire whether the executive be
right or wrong. II is enough to know that
in the exercise of his constitutional func-
tons he has decided the question.
1t is equally plain. in each of the Judi
cial opinions relied upon. that the Judge
who wrote ii had no idea of passing upon
amy question concerning the respective
functions OF Congress and the President in
dealing with foreign affairs.
ON the other hand. il is not difficult to
find decisions of the supreme court of the
United States which do recognize the au-
thority of Congress to intervene in such
matters. In the case of Garcia vs.. Lee.
which is reported in the twelfth volume
of Peters Reports. Chief Justice fancy,
speaking of case involving Spanish land
grants in Louisiana, said:
This court then decided that the ques-
ton of boundary between the United
States and Spain WAS Il question for the
political departments of the government;
that the Legislative and executive branch
es having decided the question. the courts
of the United States We're bound to regard
the boundary determined on by them as
the true one.
This language is almost as strong in
one direction as that quoted by Mr.. Miller
is in the other. The fact is however that
in none of the eases did the court consid-
er any possible conflict between the Fed
eral legislature and Federal executive in
reference to the relations of this country
with foreign lands or their people. The
decisions merely emphasize the PROPOSE
ton that the action of the political de-
partmcnts of the government. whether
executive or Legislative. or BOTH is bind
ing upon the courts in respect to foreign
affairs.