Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-12-29
THE WAR Is. ALREADY ON
Clash of Authority Between the Presi-
dent and Congress on ALI
Absorbing Topic.
SENATOR CHANDLER'S LUCID VIEWS
Cleveland and johnson Compared
Constitutional Curb on the Pow
ers of the President-The
Cuban Fracas.

Washington, Dec. Ex-senator William
E. Chandler, of New Hampshire, has
written the following letter to the Wash
ington Post:
The new immigration law if it passes,
will require foreigners coming to live in
this country to read and write as test
five lines of the United States constitu-
tion. There are certain five lines emf
nent Spanish-American lawyers should
read: Section 8, after enumerating in
seventeen clauses the powers of congress,
adds another, as follows:
"I8-To make all laws which shall be
necessary and proper for carrying into
execution 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 arro-
CANT personal government at the ex-
ecutive mansion to revise their assertions.
It is not intended that the above clause
lS gives congress power by law passed
over veto by twothirds vote to inter
fere with any power made exclusive
in the president by express words or
necessary implication. What are the
powers expressly given to the president:
Ito command the army and navy.
2-To grant pardons.
$40 make treaties with the consent
of the senate.)
ITO appoint officers of the United
States.
$40 convene congress, and to ad.
iourn it when the two houses disagree.
6-To receive ambassadors and other
public ministers.
ITO care that the laws be faithfully
executed
$40 commission officers of the United
States.
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
ending with the power given in the above
clause 10 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 tine army and
navy. Yes, but congress by law may
give him specific directions what to dc
with them, to use them in any particular
direction, or not to use them at all. He
may grant pardons. Yes, this is an ex.
elusive and uncomfortable power, but
congress may by law open all prison
doors and let the criminals 60 free. He
makes treaties with the consent of the
senate and they become law. Here is the
| only power to make not vested In con.
gress. He may appoint officers. Yes
but congress may create and abolish the
officers and regulate the power of ap
pointment by civil service rules. He is
| to commission all officers, but he car
commission only those who are appoint
ed in pursuance of law. He is to receive
| foreign ministers. Yes, but only min
listers from countries which congress may
by law decide which government th'
United States may recognize, and the
president is bound to obey the low ano
| receive minister from that government
and refuse to receive minister from the
other.
| The idea that the president has the solt
prerogative of deciding what foreigl
governments shall be recognized has M
foundation whatever in any words to b.
seen in the constitution. The fact tina
the president has recognized new govern
ments without congl essional expression
when congress and the people have ap
proved his action, is no proof whateve
that when they disagree with him tina
they can not control him by law. He j
their agent, and when he does what the
want him to do no law is needed. Whel
he threatens to conduct himself other
wise, whether by action or non-actior
the whole subject may be controlled by
law passed over veto, under the ampl
powers in congress granted by section
of article of the constitution, which ar
not restricted nor limited in this respec
by any other clauses in this constitution
There is no escape for the advocates O
monarchical government in Washingto
from the provisions of clause 18, section
8, article l.
It is singular that the only two presi
dents who have undertaken to defy con
press have been Andrew Johnson an
Grover Cleveland. The one tried to Gre
ate and maintain against the will of cor
gress, ten new state governments in thi
Union; the other claims the right agains
the will of congress to aid in sustaining
abroad bloody tyranny over an OF
pressed nation. Mr.. johnson betraye
and abandoned the party which electe
him, his treachery was condemned by a
right minded men, and he went out of Of
fice without party and without FRIEND
Mr.. Cleveland still fingers with us.