Omaha daily bee., 1896-12-28
COMMENTS ON CLEVELAND
Senator Chandler Vigorously Assails the
Position Of the President.
SAYS CONGRESS MAY VOTE AID TO CUBA
Quotes LAWS which He Asserts Apply
TO the subject in support of
the Position lie Has
Taken.

10 the SuDlect IN SupporN VI
the Position lie Has
Taken.
WASHINGTON. Dec, Ex-senator W. e.
Chandler Of New Hampshire has written the
following letter to the Washington POST
"1he new immigration law, II 1t passes,
will require foreigners coming to live in
this country to read and write as test five
lines of the United States constitution. There
are certain five lines which eminent Spanish
American lawyers ought to read;
"Section s, after enumerating in seven
teen clauses the powers of congress, adds an
other as follows: 1S-To make all laws
which shall be necessary and proper for car
rying into execution the foregoing powers,
and ali other powers vested by this consti-
tuition in the government of the United
States or any department or officer thereof.
"a study of the above clause may lead
some of the defiant advocates OF an arrogant
personal government at the executive man
sion to revise their assertions. 1t is not
Contended that the aaoye clause eighteen
gives congress power by law passed over a
veto by a twC-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?
Il. To command the army and navy.
'2. To grant parduEs.
"3. To make treaties (with the consent OF
the senate)
-. To appoint officers of the United
States
"5. To convene congress and adjourn it
when the two houses disagree.
sc. To receive ambassadors and other pub
lie ministers
~. To take care that the laws be faith
! fully executed.
IS. To commission officers of the United
States.
The above are all the powers granted.
Compare them with the long list of powers
| given to congress, including that to declare
war and to provide for the common defense
and general welfare, and ending with the
| power given in the above clause xviii 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 directions what to do
with them; to use them in any particular
| direction, or not to use them at all.
CONGRESS EVER SUPREME.
"He may grant pardons. Yes, this is an
| exclusive and uncomfortable power but
| congress may by law open all prison doors
and let the criminals go free. He may make
! treaties with the consent of the senate, and
|
power to make law not vested in congress.
'He may appoint officers. Yes. but con
gress may create and abolish the Offices, and
| regulate the power of appointment by civil
| service rules; he is to commission all Of
| fcers, but he can commission only those who
! are appointed in pursuance of law. He is Ia
! receive foreign ministers Yes, but only min
listers from countries which congress chooses
| to have recognized. If two governments are
striving for control of country, congress
may by law decide which government the
| United States will recognize and the presi-
| dent is bound to obey the law and receive a
minister from that government and refuse
| to receive minister from another.
| The idea that the president has the sole
| prerOgGtive of deciding what foreign gov
| ernments shall be recognized by the United
| States has no foundation whatever in any
words to be seen in the constitution. The fact
| that the president has recognized new gov
| ernments without congressional expression,
| when congress and the people have approved
| his action, is no proof whatever that when
| they disagree with him they cannot con-
| troll 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 con-
duct himself otherwise, whether by action
| or non-action, the whole subject may be
| controlled by a law passed over veto,
! under the ample powers in congress grantei
| by section of article / OF the cOnstitu-
| tion, which are not restricted nor limited
| in this respect by any other clauses in the
| constitution. There is no escape for the
| advocates of monarchical government in
! Washington from the provisions of clause
| eighteen, section s. article i.
1T is singular that the only two presi-
| dents who have undertaken to defy con-
| gress have been Andrew johnson and Grover
| Cleveland. The one tried to create and
maintain against the will of congress the
ten new state governments in this union;
the other claims the right against the will
of congress to aid in sustaining abroad a
| bloody tyranny over an oppressed nation.
| President Johnson betrayed and abandoned
the party which elected him. his treachery
was condemned by all rght-minded men
! and he went out of office without a party
and without a friend. Mr.. Cleveland still
fingers with us"