White Oaks eagle. (White Oaks, N.M.) 189?-190?, 1897-01-07

that the constitution, and the laws
OF the United States whlch shall
be made in pursuance thereof,
shall he the supreme law of the
land. The iIea that a statute or
Joint resolution which becomes a
law, either by signature of the
president or by passage over his
veto, is merely advisory to the
president, when il is imperative
III lis terms, can hot be sustained
$50 tar as there are any pre-.
cedents, they are III my opinion,
decidedly against the position
taken by the secretary.
''Mr. Clay, as chairman Of the
committee on foreign relations,
made a report on June IS. 1886,
concerning the recognition of the
republic Of Texas, i'll which he
said:
The recognition of Texas as an indie
pendent power may be made by the
United States in various ways. Fnst,
by treaty; second, by the passage of a
law regulating commercial intercourse
between the two powers; third by send
ing diplomatic agent to Texas with the
usual credentials, or, las ly, by the ex'
+ ecutIve receiving and accrodting II dip
: lomalic representative from Texas,
which would be a recognition as far as
the executive only is competent to make
/ it, In the first and third modes the
concurrence of the senate in its execu.
tlte character would be nect ssary, and
in the second in its Legislative charac-
/ ter"
1T seems, therefore, to have
been clearly the opinion of Mr..
/ Clay that the enactment of Il stat
ute establishing commercial rela-
tions between the United States
and Texas would have been q
recognition of Texas rs much a>
the reception by the president Of
an ambassador from the republic
or his accreditlng an ambassador
to it. ..
sin regard to the action o
President Tyler IN 1919 respect
ING Hungary, he instructed Minis
ter Mann rs special agent
through MI. Clayton, his secrc
tary of state, as follows:
should the new government prove +
be, in your opinion, firm and stable, tn
pres dent will cheerfully recommend t
congress at its next session the recogni
tion of Hungary, and you might int
mate, if you saw fit, that we might i
that event be gratliied to receive a dir
lomatic agent from Hungary in tn
United States by or before the neN
meeting Of congress-
'In commenting upon these il
etructions Wharton, in his Digc,
Of the international laws Of tn
United States, observes:
Z" AS to this, it is to be remarked thi
: while Mr. Webster, who shortly afte
ward, on the death Of President lay 10
f., became secretary Of state, sustained I'll
sending Of Mr. Mann as an agent OF il
quiry,he was silent as to this paragrap
2 and suggests at the utmost only pro
n able congressional recognition in cat
the new government should prove to |
> firm and stable. In making congre
. the arbitrator, President Taylor folIo'
ed the precedent Of President Jackso
who, on March 3. 1897, signed reso
I ton OF congress for the recognition
.. the independence Of Texas
: The fact Is, that while rcco
Z milton Of independence or bclIi
: ereney has ;,.uaIIy been the SO
d act of the president, 1t ha, NJ
o heretofore been thought TIE e
# elusive method, as is clearly sec
e by the opinion of Mr.. Clay, /
= the action of President Taylor, i
h TIE OPINION of President Jacksc
e in the special case of Texas, n
it by the mode ectually adopted f,
y the recognition of that rcpubli
'f which was done by II rcsolutiC
C of congress, signed 10y the pre-
It dent, as is proposed in The prcsc