Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1898-04-21
PURELY EXECUTIVE.
The Right 20 Recognize Foreign Gov
ernments Belong TO the President.

1NO AGASAAb W AACNVoh WV
ernments Belong to the President.
indianapolis, Ind, April 19.-The
Journal publishes the following card
from ex-Attorney General w. II. H.
Miller.
''To the Editor of the Indianapolis
Journal-As the question whether the
recognition of a new government in
! Cuba is an executive or legislative
function has become a practical one,
it may be of interest to know what
some of the courts have said about
the matter.
"In Williams VS.. the Suffolk Insur-
ance company I'D Sumner, 272) the
decision of the case turned upon the
disputed sovereignty over the Falk-
land islands. The government of
Buenos eyres insisted that those is
lands were a part of it's dominions.
This the govern mt of the United
States denied. Mr.. Justice Story, be-
ing asked to decide this question as
an original judicial question, refused
to do so, and said: My Judgment is
that this court possesses no such au-
thority; that it is bound by the doc
trines and claims insisted on by it's
own government, and that it must
take them to be rightful until the
contrary is established by some for
NAL and authorized action of that
government. 1t is very clear that it
belongs eXclusivel.' to the executive
department of our government to
recognize, from time to time, any
new governments which may arise in
the political revolutions of the world;
and until such new governments are
so recognized, they can not be adj
mitted by our courts of justice to
have or to exercise the common
rights and prerogatives of sover-
eighty
"ro this proposition Justice Story
cites Gelston versU HOyt I'D Wheaton
S46) and a number of English cases.
The same case in which this opinion
was delivered by Mr.. Justice Story,
having been brought before the SUI
preme court, Mr.. Justice Mclean
(19th Pet, H5), speaking for the
court, said: Can there be any doubt
that when the executive branch of
the government, which is charged
with our foreign relations. shall in it's
correspondence with a foreign ma
ton assume a fact in regard to the
sovereignty on Il judicial depart
ment? And in this view it is not
material to inquire. nor is it the prov
ince of the court to determine,
whether the executive be right or
wrong. 1t is enough to know that in
the exercise of his constitutional
functions he has decided the question.
Having done this under the response
bilities which belong to him, it is OBJ
ligatory on the people and the gov
eminent of the union"
"In the case of Luther versus Bor-
den 9th Howard, y the question for
decision was which of two alleged
governments was the true state gov
eminent of Rhode Island. 1t was
there held that under the constitu-
tional requirement that the United
States guarantee to each state a re-
publican government, it was for con-
gress to decide what government is
established in the state before it can
determine whether it is republican or
not and that. therefore. the act of
congress which hal been passed was
In that case controlling. But Mr..
Chief Justice fancy, speaking for the
court in that case. said:
Tn the case of foreign nations,
the government acknowledged by the
president is always recognized in the
courts of justice. And this principle
has been applied by the act Of con-
greSs to the sovereign states of the
union. 1t is said that this power in
the president is dangerous to liberty
and may he abused. All power may
be abused If placed in unworthy
hands. But it would he difficult, we
thinA, to point any other hands in
which this power would be more safe
and at the same time effectual.'
Again, only a few years ago, in
Jones VS.. the United States (137 /. s.,
2O2). in which the question for decis-
ion was as to the sovereignty of the
United States over Navassa. a small |
island in the caribbean sea, Mr..
Justice Gray, delivering the opinion
OF the court cited and quoted with |
approved the language OF Mr.. Jus
tice Mclean in the Suffolk insurance
case above set forth.
These opinions seem to Indicate |
pretty clearly the trend upon this
question"
"W. H. II. MILLER.
indianapolis, April, H."