The Saint Paul globe., 1898-04-18
AS TO RECOGNITION
EX-ATTORNEY GENERAL MILLER
CITES DECISIONS
Is q Function of the Executive
to Recognize Any New Govern
ment That May Arise-COurts
Have Uniformly So Decided.

By Associated Press.
INDIANAPOLIS, Ind, April 1.-THE
Journal will publish the following card
from eX-Attorney General w. H. H.
Miller:
To the Editor Of the Indianapolis Journal
AS the question whether the recognition of
new government in Cuba is an executive
or legislative function has become practi-
cal one, 1t may be of interest to know what
some of the courts have said about the mat
ter.
In Williams VS.. the Suffolk Insurance
company, I'D Sumner 272) the decision of
the case turned upon the disputed sover-
eighty over the Falkland islands. The gov
ernment Of Buenos Ayres insisted that those
islands were part of its dominions. This
the government of the United States denied
Mr.. Justice Storey being 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 author
1ty; that is bound by the doctrines and
claims insisted on by Its own government
and that it must take them to be rightful
until the contrary is established by some
formal and authorized action of that govern
ment. It is very clear that 1t belongs exclu-
sively to the executive department of our
government to recognize from time to time
any new government which may arise"
To this proposition Justice Storey cites
Gelston VS.. Hoyt I'D Wheaton S46) and
number of English cases. The same case in
which this opinion was delivered by Mr.
Justice Storey having been brought before
the supreme court, Mr.. Justice Mclean
Q3th Pet 415) speaking for the court said:
"Can there be any doubt that when the ex-
ecutive branch of the government which Is
charged with our foreign relations shall
in its correspondence with a foreign nation
assume a fact in regard 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 1t the
province 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.
In the case of Luther vs.. Borden 9th
Howard u the question for decision was
which of the two alleged governments was
the true state government of Rhode Island.
1t was there held that, under the constitu-
tional requirement that the United States
guarantee to each state republican gov
eminent, 1t was for congress to decide what
government is established in the state be-
fore it can determine whether 1t 10 repub-
of congress which had been passed was in
that case controlling. But Mr.. Chief JUS
tice Taney, speaking for the court in that
case, said: I'm the case of foreign reia.
tions the government acknowledged by the
president is always recognized in the courts
of Justice
Again, only few years ago in Jones VS..
the United States QS7 U. s., 202) In which
the question for decision was as to the SOW
ereignty 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 approval the
language of Mr.. Justice Mclean in the Suf-
folk insurance case above set forth.
These opinions seem to indicate pretty
clearly the trend of judicial opinion upon
this question.
(Signed) w. II. H. Miller.
Indianapolis April IT. '92