The times. [volume] (Richmond, Va.) 1890-1903, 1896-12-24


not it's powers. but the powers OF the pco-
plc. and though forty legislatures might
fail to exercise powers that inhered IN
them by virtue OF the Constitution. yet
the forty-first would be at liberty TO as
sert them when an occasion arose ana no
lapse or delinquency could be heard In OPP
position 10 its duty to assert them when
the occasion arose.
A word now as to what the Constitu-
ton means when 1t says the President
shall receive ambassadors ana other
public ministers" II there Is anything
In this language which even remotely sus-
gests that IL is for the President 10 say
whether our relations with other peopies
are such that an ambassador or other
public minister il TO be sent by those
other peoples to this country? IT would
be the most forced Of possible consuuc-
lions TO say so. The plain meaning OF
the provision is that If Congress deter
mines that we shall be at peace and
amity with a foreign people. and that
foreign people sends a diplomatic repre-
sentative here the President should re
ceive" him; that is. put him into the due
channel for communicating whatever his
country has TO say 10 this country, TO
the officer OF this government who is TO
receive the communication. The Pres
ident inducts him into his office. so far
as this country is concerned. and his
communications 10 this government arc
no more than the communications of any
other citizen of his own country. until the
Presidents inspects his credentials and
passes judgment that they are authentic.
and in due form. That is all that the
word receives" means or can mean.
If It devolved upon the President to say
conclusively when a foreign organization
is to be treated as the government of its
country with which this government IS
TO have relations, then he would not only
receive" its diplomatic representatives in
that sense Of supreme mastery Of the
subject. but, it would seem it would per-
tain to him to send our diplomatic rep
resentatives in return, to that country.
But the Constitution expressly declares
that the President shall nominate am
bassadors. other public ministers and con-
suls. judges of the Supreme Court. &c.
"by and with the advice Of the Senate"
He cannot send a single diplomatic rep
rcsontative from this country to any 9TH
or country except by and with the advice
and consent Of the Senate" If it is 10
be said that he alone is invested with the
kingly prerogative of placing us in rela-
tons with a foreign organization. is his
prorogative to extend only half way?
is ne TO be the factotum for letting the
others send their representatives, here.
but 10 be powerless to have us represent
ed al that foreign court? That was not
the idea of the kingly prerogative that
regulated relations between the King
people and foreigners. The King was
norens patriae. and he said who should
come from abroad TO him and equally
who should go from him to the stranger.
1t would be curious. one-sided sort oil
prarogat,se. indeed that imputed the
functions and sancity of a king to our
President NntN our StdAuH tvN iN' 81 A''
eign country was being determined. but
which broke down entirely when it came
to saving who should go from us TO If.
and turned our plumed eagle of king
into the ordinary iackdaw of plain exc
cutive citizen elected by the votes Of his
fellow citizens to be the Executive OF
their laws for a very brief period.
The truth is. all this idea Of prcrogative
in the President is wholly out of place
i'm our Constitution. He has no prero-
gative whatever. He is commissioned
to perform certain specified duties and.
when those named duties are performed.
his powers and functions are at an end.
ii was TO he forever rid Of the hateful
word "prerogative" that we established a
constitutional republic to be govern
cd by laws made by the joint action of
the two houses of Congress and the Pres
ident. In that republic. no man was 10
be above the law. and the President was
90 obey the law equally with the hum
blest citizen in the land. We have gov
eminent Of law. and every man. woman
and child in our broad land stands or
ought TO stand upon an equal footing be-
fore it.