New-York tribune., 1896-12-28
THE POWER OF THE EXECUTIVE

To the Editor OF The Tribune
Sir. am not lawyer only a business man
,e,.. avon noirsullv Interested In the nature oi
..,., .r,,spiring about me. AprOpos OF the qirs-
.,o, O., ,ssue ne embodied in tho slater m"nt o. MT.
oln.v that the right Of recognizing a H'" SoN''"
mon: rests exclusively with tho i-N"'u'iN'' " -
stated In The Tribune thar ex-Auorn'y-''h'f"i w
II II miller SAYS that the position taken by Mr.
olnev Is ustin,l J. and stcs case IN "hl'h III"
right OF recovery upon an insurance contract Turns
,,on tha question whether the sovereignty OIL
puo,o. .vrs, extended over the Falkland Islands
and tina. Mr.. Justice story. deciding the case '''
Circuit said 1T &c very clear that II p'ohs" IN
,,,,yoiv ,o tho Executive Department Of our Gov
or,ron, 10 recognize from time 90 time any ne"
governments which may arise I'm political revolt
lions NJ the world and until such governments are
an rocognized they cannot he admitted by our
courts OF iistice have or 10 exercise the common
rights of sovereignty
II ,s further said that tho ease being carried TO
the Supreme Court OF tho United States. MI Jus
tIcc Mclean speaking for tho court. said: can
there be any doubt that when the Executive branch
NJ tho Government which IL charged with our for
cipn relations shall In it, correspondence with
foreign nation assume a fac; IN regard 10 the SOW
ereignty OF island or country, I. conclusive
on Inc judicial Department. ana IN TINS WOW IL II
no, matcria. 20 inquire whether the Executive L.
right wi )nG. etc.
,.rnr.tatIon the decision Of the Justc" In Cir
cult as affirmed by the Supreme Court. cannot be
extended TO apply further than as IL applies to the
subject matter In dispute then and there properly
hetore the court II would seem clear that in the
casc or in any case similar TO that cited by Mr..
Mllicr " IN" m QUESTION Involve! vas: TO what extent
and nv what authority the Judiciary ~ bound, ana
NJ E,stice Story's decision recognizing the Execu-
live ne the exclusive head OF an authority binding
unon the Judiciary sweet and sound con-
riusion that in my opinion, viii stand as long as
thIs Government stands
Uut tho subject OF the matter 60 FAR as II relates
IN the JIdiriary and the subject OF the matter 80
lar a II re-, itcs the Legislative branch or the
,;oyernm.nt, are separate questions. and the de-
s,on NJ Mr. Justice Story. as II relates TO IN" one"
could bv no means Of stretching he made 10 re-
,,,e 10 thr other Evidently II II not material or
cven proper FOR the Judiciary 10 inquire whether
tho r. xAcIve acted discrccty or otherwise. hut II
Co /. very notent question with Congress. ana one
II may very properly Inquire into
Hence II would appear TO me that the question
embodied i'm the cited by Mr.. Miller is In no
sense parael TO IN" question now a. issue as en-
bodied i'm the position taken by Mr. Olney. IL
wouId appear that Congress has ample power 20
Jisriplne The President while The Judiciary has no
such power This IL not intended to be govern
menf bv Caesar nor yet n government by tribune.
even though the tribune be -xalted 10 the dignity
~ +, court but n government by the people acting
,hrouch their own chosen representatives ] am
aware that this H. n matter 10 be settled by men
of far greater ability than ! have but II may not
ho amiss for u great newspaper like The Tribune
TO know something OF the spirit and opinions Of
common men. l,,J -. ~ ltNt'r-