The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-25
CITY OFFICIAL PAPER.
SEATTLE. MONDAY. APRIL ~.


SEA1-GI<t.s 8oNOAbs ATs1 49,
PREsaDEHTIAL PnEn0GATIvEs.
The New York Tribune seems TO have
fallen into the same error IN ex-Attor-
ney General Miller on the subject OF
what II calls the presidential preroga-
tive In recognizing new nations There
= no such thing In the constitution OF
the United States CIR In our. system OK
government as a presidential preroga-
tive. The constitution defines the pow
err of congress and the duties" OF the
president. but IL has nothing whatever
to say about prerogatives.
1t il the duty OF the president to re-
ceive ambassadors from foreign coun-
tries. and Il lis the duty Of the executive
and not of congress 10 be the medium
Of communication between the United
States and foreign powers The aues-
ton has never been sqnarely presented
whether the president alone had the
right 10 recognize the independent sove-
rsignty Of new natien or to determine
which OF two contesting governments
should be recognized by ours. but his
tory furnishes preeedents sufficiently
close TO warrant the declaration that
congress and the president, bat not the
president alone, must Of necessity de-
termine such question. We can show.
nrs4. that this is the case by a refer
ence 10 history. and. second. why 1t
must be 20.
Tho Tribune says that this prerogative
has never yet In the history OF the gov
eminent been waived or surrendered by
tn executive to the Legislative branch
of the government. II calls attention
to the fact that In January, 1877, con-
grees passed two joint resolutions. one
relating 10 congratulations frem the
Argentine Republic" aud the other re
lating To congratulations from the re-
public Of Pretoria. South Africa, on the
compilation of our first centennial or ma
resolutions were returned to congress BY
President Grant without his approval
In his message returning these resoiu-
tons the president said
.sympashissnG ~ I do In the spirit OF
courtesy and friendly recognition which
haa prompted the pass.ge OF these seNoiu-
lions. cannot escape the conylctioa that
their adoption has Inadvertently involved
the exercise OF u power which inrfsnges
upon the constitutional rights OF the sxec-
u,ive The constitution Of the
unit~i States. following the estaoi shed
usage OF natioas has Indicated the prsss-
dent a. the agsn, 70 represent the national
sovereignty ~ Ia Intercourse with foreign
powers As regards the r~sofe-
iion relating 10 the repuhlsr of Pretoria.
I cannot learn that any state Or govern
mcnt OF that name exists"
President Grant was right: these were
official communications between two
countries whose governments were al
ready established and recognized. lie
was further right because no communal
cation can he made by the South ART
can republic To a foreign power except
through Great Britain. These instances
have no more 60 do with the question
than had the supreme court decisions
cited b. ex-Attorney General Miller
upon the relation of the Judiciary 10 the
acts Of the executive.
We have already briefly referred 20
the part played by Congress in the rec
ignition Of the Spanish American r.
pubiies. II may b. interesting 20 dwell
a little mere in detail upen what FORMS
a clearly parallel case. IN lStS HENRY
Clay moved that the United States send
q minister to the United Provinces ~
Rio de- Ia Plata" thereby formally reg
egnixlng that revolutionixsd eolcny as
sa independent state. His molten was
defeated. bat there was no question
raised about the right % congress "a
interfere. Monroe and Adams sue
eee.led in checking the resolution on the
Very rational ground that 'they wanted
60 be first assured that the public optu-
len Of the eoantry would sassaia them
In 50 important step"
Clay was more successful In 1921. N hen
resolution wss passed by congress
that the house of representatives par
uclpates with the people % the United
ssatea In the deep interest which thew
feta for the Spanish provinces ~ South
Americs. which are struggling 10 eStaa.
asA their liberty ard Independence, and