Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1898-04-18
PRECEDEATS QUOTED.
Harrison's Attorney General Cites
a Few Supreme Court
Decisions.
RECOGNITION All EXECUTIVE ACT.

Says the Distinguished Indiana Lawyer
justices Story and fancy Called as Wit
nesscs to the CIa.m-One Case Decided
by the Former, Later by the Whole
Court of Last Resort, and still Later the
Decision Keafirned.
Indianapolis, April 1S.-The Journal
publishes the following card from ex-
Attorney General ". H. H. Miller:
AS the question whether the recog-
milton of new government in Cuba is
an executive or legislative function has
become a practical one it may be of in
terest 10 know what some Of the courts
have said about to- matter. In VIII
Jams VS.. the Suffolk Insurance COM
pany V. D. Sumner 272) the decision OF
the case turned upon the disputed SOW
ereiCnty over the Falkland islands. The
government CT Buenos Ayres insisted
that these islands were a part OF its
domirions. This the government of
the United States denied Mr.. Justice
Story being asked TO decide this ques-
ton as an original judicial question re-
fused 10 CO SO and sid:
Exclusively AL Exec ctiya Earcti
My judgment IL that this court
possesses no such authority; that it is
bound by the doctrines and claims in
sisted on by its own government, and
that ii must take them to be rightful
"a &c "a hi ics.a Inv
some formal and authorized action of
that government. II is very clear that
it belongs exclusively to the executive
department Of cur government to recog-
niZe from time to time any new gov
ernments which may arise in the politi-
cal revolutions OF the world, and until
such new governments are 50 recog-
nized they cannot be admitted by our
courts Of justice to have or TO exercise
the common rights and prerCgatives of
sovereignty To this proposition Jus
tice Story cites Gei5ton VS.. Hcyt sd
Wheaton 3i6) and a number of English
eases.
Decision OF the supreme Court.
The same case in which this opinion
was delivered by Mr.. Justice Story hay
court Mr.. Justice Mclean G3th Fet.
4l5), speaking for the court, said: Can
there be any doubt that VIXEN the ex-
ecutiVe branch of the government.
which is charged with our foreign re-
lations, shall in its correspondence with
q foreign nation assume a fact in re-
gard to the sovereignty of any island or
country il is conclusive on the judicial
department? And in this view it is
not material to inquire-ror is it the
province of the court 70 determine
whether the executive be right or
wrong. II Is enough to know that in
the exercise Of his constitutional func-
tons he has deciGsd the question. Hav-
ing done this under the responsibilities
which belong to him it is obligatory on
the people and the government Of the
Union
Where Congress Can Come IN.
I'm the case o. Luther VS.. Borden
9th Howard, y the question for de-
cision was which Of two alleged govern
ments was the true state government of
Rhode Island. 1t was there held that
under the constitutional requirement.
that the United States guarantee to
each state a republican eovernplent ii
was for congress to decide what govern
ment is established in the state before
it can determine whether ii is republi-
can or rot, and that, therefore the &c;
of congress which had been passed was
in that case controlling.
Chinches the Matter, Apparently.
But Mr.. Chief Justice fancy, speak
ing for the court in that case, said:
In the case of foreign relations
government acknowledged by the pres
idsnt 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 pewer 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.'
Mclean Cited and Approved Recently.
again only a few years ago in Jones
vs.. the United States US7 u. S. 202), ir
which the question for decision was as
to the sovereignty of the United States
over Navassa, a small island in the Car
ribbean sea. Mr.. Justice Cray, delivering
the opinion Of the court, cited and
quoted with approval the language o.
Mr.. Justice Mclean in the Suffolk in
surance case above set forth. These
opinions seem TO indicate pretty clearly
the trend of judicial opinion upon this
question"
1Signed.1 ''W. VI. II. MILLER"