The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-18
AN EXECUTIVE FUNCTION.
Views of Eminent Jurists as to the
Recognition of Governments.
he Editor n the IndianapolIs journal:

To the Editor CT the indianapolis Journal:
AS the question whether the recognition of
a government in Cuba is an executive
or legislative function has become a prac-
teal one it may be of interest to your read
eis to know what some of the courts have
said about the matter.
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
eminent of Buenos Ayres insisted that
those islands were part of its dominions.
This the government of the United States
denied. Mr. Justice Story, being asked to
decide this question as an original judicial
question, refused to do so, and said:
my judgment is that this. court pos,
SeSSeS no such authority; that 1t is bound
by the doctrines 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 formal and author
lied action of that government 1t Is very
clear that it belongs exclusively to the ex-
ecutive department of our government to
recognize, from time to time any new gov
ernments which may arise in the political
revolutions 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 the common rights ana pre-
negatives of sovereignty
To this proposition Justice Story cites
Gelston VS.. Hoyt Esd Wheaton, 246), and
a number of English cases. The same case
in which this opinion was delivered by Mr..
Justice Story having been brought before
the Supreme Court, Mr.. Justice Mclean
QSth Pet, 415), speaking for the court, said:
Can there be any doubt that when the
executive branch of the government, when
is charged with our foreign relations. shall
in its correspondence with foreign nation
assume a fact in regard to the sovereignty
of any island Ou country, it is conclusive on
the judicial deIhrtment? And in this view
it is not material to inquire, nor is 1t the
province of the court to determine. wheth-
er 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 re-
sponsibilities which belong to him. it is
obligatory on the people and government of
the Union
In the case of Luther VS.. Borden 9th
Howard, u the question for decision was
which of 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 a republican gov
eminent, it was for Congress to decide what
government is established in the State be-
fore it can determine whether it is republic
an or not and that therefore, the act of
Congress which had been passed was in
that case controlling. But Mr.. Chief JUS
tce fancy, speaking for the court in that
case. said:
I'm the case of foreign nations. the gov
eminent acknowledged 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 effect
ual."
Again, only a few years ago. in Jones VS..
The United States Q37 U. s., 2O2). in which
the question for decision was as to the SOW
ereignty of the United States over Navas-
sa, 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. w. H. II. MILLER.
Indianapolis. April H.