The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-20


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The hish standing u sx-Attorney
General Miller Invests any opinion No
may sxpress upon . point OF constitu'
siona1 NV with IN authority not to b
lightly questionsA He takes The position
apparently that upon the president alone
= imposed ths authority 70 recognize
the independent sxisesncs Of natienA
In support Of thas visw hs cites several
Assastone. but thsy seem TO b confined
10 the relation Of tbs Judiciary to the
executive on such subjscts. and not to
the relations betxeen the president and
congress- with reference thereto.
There II eethins in those decisions in-
compatible with the view that while the
president might assume tho responsible
tty Of receiving IN ambassador. con-
grsas ucpld sttil hare the power to re-
pudiats his act. and therefore has the
power by exercise Of Its constitutionals
right to pass IN act over the presiden-
tial veke % recognize . goTernmsnt
Seeming such recognition
One q the cases cited by Attorney
General Miller was ever the disputsd
ssvsrelgnty of the Falkland islands
The government Of Bucnos Ayres In
Sisted that these islands we're part OF
its dosninions. but the government OF
the United States denied this. A case
VAS presented 70 the United States ~
preu,e court. and II was asked to decide
tne question on an original adjudica-
tisn. yuseios Story said:
1T y very clear that II belongs exclu-
efveiy te the executive department Of our
Government 10 recognise from time 10
tine any new governments which arise In
.he peiitical revolutions Of the world. and
untu aueh new governments are. % rec
owulseA they cannot be admitted by eur
ssurts ~ justIce to have or to exercise
cofsuncn rights and rrsrogasives Of SOW
ersiGuty."
II 10 true that the word exclusively
10 supioyed b. the court. but the ques-
ton was only as between the executive
and judicial branches Of the govern
uent-
The same mar be said. only with more
emphasis. Of the decision OF Justice
Mclean. slso cited by Judge Miller. He
said.
Nor can there be any doub, that when
the executive branch OF the government
which Il charged with y foseagn relation
snatl, In tn correspondence with a foreign
ration. aasams fact sn regard 30 the
suvsreignty 81 any island or country. Il IL
conclusive on the tadicisi department. and
in this View II Is nas inimieal TO .nauire.
uor 10 II the provinces OF the court 10 deter
mine whether the executive Is right or
wrong. IL is enough 10 know that in tha
exercise OF bis constitutional fuuetsens ne
has decided the question. Having done
this, under the respons eisitivs which be-
long 10 him. II h obligatory Oh the people
and The government OF the tnson.s
That cegid be perfectly true without
going into the question whether con-
grcss might not have the right to ini-
tate the movement whose caimlnation
would be tho exercise by the president
OF an executive function.
Chief Justice fancy held that under
the constitutional requirements that the
uHitcd States guaranteed 10 each state
. republican government. IL Was for
congress to decide what government il
established In the state before Il can
determine whether I, Is republican or
not: but. he said. IN the case Of foreign
nations. the government acknowledged
by the president Ia always recognized
In the courts OF Justice.
stilr. We have an expression on.y upon
tAc relative authority o, the rTessaen,
aud the courts OF justice. The same
principle has been applied by congress
10 the sovereign states Of TIE uslon.
Justice Story - relied upon. on ac-
count Of his use Of the void exclusive
iy'' IN the case referred 20. by Judge MIL
Ter ~ sustaining his view. Tia, II not
eorne our. either hy that grea, author
ity upon the constitution IN hts text,
nor ~ the famous case IN which the
question o. recognition Of the govern
rnent OF Gslsson VI. Hoys. wherein the
eovegnnsnt % retion. In the Island az
san Domingo. - against ,ss, az Chris
,ophe WAS under review. Although
Ensiish Authorities were literally drawn
upon we exclude shem from censscera-
uaa. because he prssicsns Is the Cnsssd