The Providence news. (Providence [R.I.]) 1891-1906, 1896-12-28


lam Il. Chandler OF New Hampshire has
written the following open letter:
The new immigration law. il ii passes.
will require foreigners coming &C. live
I'm this country to read and write as a
test five lines OF the United States con-
stitution. These are certain five lines
which eminent Spanish American law
yers out 20 read.
Section S-After enumerating I'm II
clauses the powers Of congress adds an
other as follows:
IS-To make all laws which shall be
necessary and proper for carrying into
execution the foregoing powers and all
ether powers vested hy this constitu-
ton m the government OF the United
States or in any department or officer
thereof. " 80
n study of the above clause may lead
some fthe defiant advocates OF an ar
Iogant personal government at the exc
cutive ;aansion TO revise their assertions.
1t is not cohtcnded that the shove
clause IS gives congress power b. law
rassed over q veto by two-ts irds
vote 10 interfere with Sny power made
c1clusive in the president 5y express
words or necessary Implication. What
are the powers expressly given to the
presidentY
Ito command the army and navy.
2-To grant pardons.
SIC make treaties with the consent
Of the senate).
ITO appoint officers of the United
States.
5-To convene congress, and TO ad-
iourn II when the two houses disagree.
Ito receive ambassadors and other
public ministers
ITO take care that the laws be faith
fully executed.
S-To commission officers Of the United
States.
The above are I'll the powers granted.
Compare them with The long list OF
powers given to congress- including that
to declare war ald 10 provide for the
common defense and General welfare,
and ending with the power given IN the
above clause Is, 10 make all laws neces-
sary and proper 20 carry into execution
all the powers vested in the government
''or in any department or officer thereof"
The president may command the army
and the navy. Yes, but congress by law
may give him specific directions what
10 do with them TO use them In any par
ticular direction or not 10 use them at
ell. He may grant nardons, Yes this
is an exclusive and Uncomfortable
power, but congress may by Jaw pen all
prison doors and let the criminals go
| free He may make treaties with the
consent Of the senate and they become
laws. He is the only power to make law
not vested in congress. He may ap-
point officers Yes, but congress may
create and abolish the offices and regu-
late the power of appointment by civil
service rules; he is to commission all
officers, but he can commission only
those who are appointed In pursuance
of law. lie is TO receive the foreign min
isters. Yes, but only ministers from
countries which congress chooses to
have recognized. If two governments
are striving for control of country
congress may by law decide which gov
eminent the United states will recog-
nize. and the president is bound to obey
the law and receive a minister from that
government and refuse to re4eive a min
lister from the other. The idea that the
president has the sole prerogative Of de-
ciding what foreign governments shall
be recognized by the United States has
m foundation whatever in any words
to be seen in the constitution. The fact
that The president mas recognized new
governments without congressional ex-
preston, when congress and the people
have approved his action. is no proof
whatever that when they disagree with
him they cannot control him by law.
He is their agent, and when ne does
what they want him TO do no law Is
7 needed. When he threatens TO conduct
himself otherwise. whether by action or
non-action, the whole subject may be
controlled by q law passed over veto,
under the ample powers in congress
granted by section OF article OF the
| constitution, which are not restricted
nor limited In this respect by any other
| clauses in the constitution. There is no
escape FOR thu advocates OF monarchlal
| government In Washington from the
| provisions OF clause Is, section S. arti-
| Gle 1.
| II 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 Gre
ate and maintain against the will OF
congress 10 new state governments I'm
this Union. the other claims the right
against the will OF congress to aid In
sustaining q broad ana bloody tyranny
| oycr an oppressed nation. Mr.. Johnson
| betrayed and abandoned the party that
elected him, his treachery was con-
dsmned by all right minded men. and
he went out OF office without party and
without a friend. Mr.. Cleveland still
| fingers with US.
Mckinley Wears American Clothing.