The sun., 1897-01-15
rUr pnEsrDEsr AxD ooxeRBss.
t. rr,u. u..o,vt,e. sad what rt tts-ines-

denee OF a<oreign Government oeioass 10 CSSSscsl-
and when Congress she'll determine. TIE ESecuu'e
should act In harmony with the iefsiat'e aepa''
Incnt OF the Government
2 That the independents OF the reputic OF .cuo>
ought TO be. and hereby is recognized.
This brings US squareiy to the issue whether
the Congress Of to-day will maintain It's right 10
iegslate for the people In their foreign relations
as we'll as in their domestic Affairs. nr surrender
that right to the President In the latter event.
a. The Sun ha. truly said. "this Government -
an autocracy and not democraoT:" the Presi-
dent is Czar. and not the constitutional E'ecn-
tive OF free people.
thank your correspondent. Mt Heinsheimer'
for calling attention TO the fact that the rr.oiu-
,ion OF ceusure offered by Mr.. Davis on Dee. is.
1854. was not defeated. but. after slight
amend ment. adopted on Dec. 10. 1884. IL only
strengthens my argument. and shows that the
House OF Representatives OF that day. In the
mids, Of the most critical periol ri the greatest
civil war that was ever wsgcd. ana regaruiess
OF consequences, refused to barter the consti-
tutionai rights Of Congress for the favor OF
foreign potentate. aud rcbuked the executive
department for Its attempt 70 preserve pace
able relations with Louis Napoleon by denying
the Jurisdiction Of Congress over the question
OF recognizing foreign Governments. VIII the
Congres. to-day. representing so.ooo.oo Amer
ito provide for tho general welfare OF the
United States" BE- le.s careful to preserve that
trust inviolate thaa was the House OF Repre-
sentatives In lsJiy
The resolution of Mr. Mills Is the only proper
answer tAat Congress can make TO the
oilicIai statement OF the Secretary o. State on
Dec. 10. The first .e~iion Of this resolution
meets the assumption OF the Secretary. that
the power to recognize the so-called republic OF
Cuha "a an independent state rests eIclusively
with the Executive" with the general PROPOSE
ton that "the eIpcIiency of recognizing the
Independence OF a foreisn Cover ament belongs
to Congress-" proposition affirmed ny the
House OF Representatives In the case Of Terss
IN 1896. ard expressly concurrei IN by Presi-
dent jackson in his message ,f Dec. 81. 1886.
The .econd section of the resolution applies thc
general doctrine announced in the first section
to the specific case ~ Cuba ard declares that
the Independence of the repub!ir OF Cuba
ought to b~. and hereby is. rccDcnIzeti."
Now let the Senate and Eou.- Of Representa-
tives pass this resolution. and we shall zee
whether the President will veto u or not II he
does veto it let the two houses pa.s II over his
veto and we shall then ,ec whether he will ooeT
or defy the Contributors mandate: He shall
take care that the laws be faithfully executed
Article l.. section 7. Of the Constitution pro-
vides that
Every order. resolution or vote 20 which the
currence the s~nste and Eous. of Representatives
may BE- Necessary except . question y adjourn
rn.nt, shall be presented 20 the Presii-nt o. tfe
Unitei States. nd before the shan tAke .nect
shal be approved by him. ar bens disApprored By
him shan te repass~i BY twothirs o: the ScnAp- ana
Hous~ o, Representatives. scoordIng tn the rules and
limitations prescribed In the case o; b-
A Joint resolution reQuircs the coacurrence OF
the Senate and House OF Representatives. and
Is therefore covered by this section The rules
and Limitations prescribed In the case OF = bill
are to be found 10 the same section. They re-
ouire q ;wo-thlrds vote of each house 20 pass a
bill over the vrtn. After the Pre.dcnt has re-
turned . vetoed bill or resolution TO the hoase
in which II originated he 10 funcius otficio- He
has nothing more to do with Il and has no more
jurisdiction over 1t than . Fiji islander. II
the Mills resolution is "repAssed" over the
Presidents veto. in the manner rrercribed by
section 7. thea. according 10 the Constitution.
Il takes effect and the repub bic Of Cuba 80
far as this country Is concerned. lis recognized
In that case the Quite. OF the President in re-
lation to the republic Of Cuba are exactly tile
same a. his duties in relation 70 any other for
eiga Government The republic OF Cuba will
then have q right 10 send Minister 20 this
Government. and the President must receive
him. because section o: Article II. says shat
he shalt receive AMI tas.adors aad other for
| eign Ministers" II he decline. 10 obey this re-
| euirement Of the Constitution he IS clearly
| subject 20 impeachment.
II Cuba is cosn.Eet in this msaner. :hen
she will have a right 20 fy her flag over her owa
vessels in our rort.. and f the Collector 81 Gus
| toms in any Of Them refuses 20 enter or clear n
vessel flying the GAG OF that republic. he will he
| as guilty a. violation o, his 6uty az re would
be II he refused 10 enter or clear a vessel flying
| the sag o, g Gr-at Bri;ai0.
| In connection with the subject OF receiving
Ambassadors and pubic Ministers. AZ the clause
o. the Const'1t'on In reference thereto - relied
upon by the ad vocrte- Of the Presidents prc-o:-
alive 10 recognize foreign nations. it may not he
| out o. place 20 quote here What Alexander Ham
ilton said a. 10 the proper INTERPRETATION Of tha;
clause. when he vas advocating the adoption If
| the Constitution in the " Feleralist." lie said
The President "a also to ~ authorized TO receive
| Ambassador and other Ministers" ThiA though IL
hss been . rea theme OF deciAu alton, is wat
| ter u iiSsufg haa authority. IL 10 Circumstance
that will be without consequence in the aiministra
ton of the Govern aud 10 10 far
that it should be Arranged IN this msnrer Ihss TIA,
there should be necess ty for eonveninE the lessa
tare or oa- o. Its branches upnn every arrival Of
foreign Minister. tsonsh tw,rs merely 10 take the
| place % . predecessor.
From this 1t arrea-. thar the advocates o.
| NJ
| time ihonght Il Inst,er more OF dignity than
authority. and based their plea principally upou
| the ground OF convenience They never hinicd
at tie latent power a!terward discovered. Mr.
| Madison. IN lis ge2'y to the lette-. o. " pAci
| 6cus." In which Hamilton asserted this new
doctrine .: Executive prrrOeative, quoted ihi'
statement ~ HSm.ltoa's In the "Fcderalist'
| aad then sail:
Hal II BEEN foreicld In the y,ar l7ss, when ~,
bcoE tine "re'eral 81" y WAS published that Ge:or
the eni ~ tie year l7aS writer. asslrtrs The or
O: b'inf frie q To the institution, would apes
ard SraNely msintA'n tSst th's function witch wa
10 be without ConscqECrc' in the adm siratoa O
the Government" mishI have the consequence o; De
cdln- on the "alidty OF revolutions In favor O
liberty .: putting the United States N a condition {
become an associate In war nay. % layug the legi,
lsture under an obligation OF declaring war. MIA
would have occu thonSht o; 50 VISIONARY a prophet
l notice that the champions OF the President
exclusive power are citing. In support of iaei
doctrine message sent hy President Grant {
the House o: Representatives on Jan. ~. 1877
In which he gave his reasons for ve,oirG tw
Joint resolutions which directed the Sccre,ar