The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-18
WHAT THE COURTS SAY.
POWER TO RECOGNIZE VESTED
ONLY IN THE PRESIDENT.
Ex-Attorney-Gener Miller of In
diana Quotes a Number of
Decisions.

| INDIANAPOLIS, April 1.-THE
journal will publish the following
card from ex-Attorney-General w. H.
Miller:
LAS to the question whether the re-
cognition 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 Com
pany I'D Sumner, 272), the decision Of
the case turned upon the disputed SOW
ereignty of the Falkland Islands. The
Government of Buenos Ayres insisted
that the islands were a part of its
dominion This the Government of
the United States denied. Justice
Storey being asked to decide this ques-
ton as an original judicial question,
refused to do so, and said: My judg-
ment is that this court possesses no
such authority; that it is bound by
the doctrine and claims insisted on by
it's own Government, and that it must
take them to be rightful until the con-
trary is established by some formal
and authorized action of that Govern
ment.
1T is very clear that it belongs ex-
clusively to the executive department
of our Government to recognize, from
time to time. any new Governments
which may arise in the political revolu-
tons of the world; and until such new
Governments are so recognized they
cannot be admitted by our courts of
justice to have or to exercise common
rights and prerogatives of sovereignty.
"To this proposition Justice Story
cites Calston VS.. Hoyt cd Wheaton,
346), and a number of English cases.
| The same case in which this opinion
was delivered by Justice Storey hav
ing been brought before the Supreme
Court Justice Emilian Q3th Pet,
40 speaking for the court, said Can
there be any doubt that when the ex-
ecutive branch of the Government,
which is charged with foreign relations,
shall, in it's correspondence with for
eign nation assume a fact in relation
I to the sovereignty of any island or
country. it is conclusive, on the judicial
department. and in this view, it is not
material to inquire, nor is it the prov
| idence of the court to determine,
whether the executive be right or
wrong 1t is enough to know that in
| the exercise of his constitutional func-
| lions he has decided the questions.
Having done this, under the RESPONSE
bilities which belong to him, it is
obligatory on the people and the Gov
eminent of the Union
In the case of Luther VS.. Borden
| 9th Howard, y the question for deci-
sion was which of the two alleged Gov
| tot
ment of Rhode Island 1t was there
! held that, under the constitutional re-
uuirement. the United States guarantee
to each State a republican Government;
it was for Congress to decide what Gov
eminent is established in the State be-
fore it can determine whether it is re-
publican or not, and that therefore the
Act of Congress which had been passed
was in that case controlling. But
Chief Justice fancy, speaking for the
court in that case, said: In the case
of foreign nations the Government ac-
knowledged by the President is always
recognized in the courts of justice. And
this principle has been applied by the
Act of Congress to the sovereign States
of the Union. 1t is said that this
power in the President is dangerous to
| liberty, and may be abused. All power
may be abused if placed in unworthy
hands. But it would be difficult, We
think to point out any other hands in
which this power would be more safe
and at the same time equally effectual.'
Again, only a few years ago. in
Jonas VS.. the United States OBJ L. S,
202), in which the question for discus
sion was as to the sovereignty of the
United States over Navassa. a small
| island in the Caribbean Sea, Justice
Gray delivered the opinion of the court
cited, and quoted with approval the
! language of Justice Mclean in the
Suffolk case above set forth.
'These impressions seem to indicate
pretty clearly the trend of judicial
opinion on this question.
"W. H. H. MILLER"
Indianapolis. April 18th.