The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-12-28
CONGRESS oMNIPOTENT.
Chandler Has an Exalted, Idea of
Its Powers.

Its Powers.
WASHINGTON, Dec. Ex-senator
VIM. E. Chandler, Of New Hampshire,
has written the following letter to the
Washington 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
constitution. There are certain five
lines which eminent Spanish American
lawyers ought to read.
Section 8, after enumerating In seven
teen clauses the powers Of congress,
adds another as follows:
1S. To make all laws which shall be
necessary and proper for carrying into eXecu-
tion 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 arrogant personal government at
the executive mansion to revise their
assertions.
1t is not contended that the above
clause 1S gives congres power by law
passed over veto by a tWO-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?
l. To command the army and navy.
2. To grant pardons.
8. To make treaties with the consent of the
senate).
4. To appoint officers of the United States.
5. To convene congress and to adjourn it
when the two houses disagree.
6. To receive ambassadors and other pub
lie ministers.
I. To take care that the laws be faithfully
executed.
s. 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 well
fare and ending with the power given
in the above clause Is to make all laws
necessary and proper to carry into ex-
ecution all the powers vested in the
government, cor 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. He may grant pardons.
Yes, this is an exclusive and uncon-
trollabIe power, but congres may by
law open all prison doors and let the
criminals go free. He may make treat
les, with the consent Of the senate,
and they become law. Here is the only
power to make law not vested in con-
greSs. He may appoint officers. Yes,
but congress may create and abolish
the offices and regulate the power of
appointment by civil service rules; he
is to commission all officers, but he can
commission only those who are appoint
ed in pursuance of law. He is to re-
ceive foreign ministers. Yes, but only
ministers from countries which con-
gress chooses to have recognized. If
two governments are striving for con-
troll of a country, congress may by law
decide which government the United
States will recognize, and the president
is bound to obey the law and receive
a minister from that government and
refuse to receive a minister from the
other.
The idea that the president has the
sole prerogative of deciding what for
eign governments 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 govern
ments without congressional expression,
when congress and the people have ap-
proved his action, is no proof what
ever that when they disagree with him.
they cannot control 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 conduct himself
otherwise, whether by action or non
action, the whole subject may be con-
trolled by a law passed over a veto,
under the ample powers in congress
granted by sections of article 1 Of the
constitution, which are not restricted
nor limited in this respect by any other
clauses in the constitution. There is
no escape for the advocates of monar-
chial government in Washington from