The herald., 1898-04-18
RIGHT OF RECOGNITION
IN THE CASE OF CUBA OR OTHER
GOVERNMENTS
SUPREME COURT DECISIONS
All Decide That the Right Of Recog-
milton Rests Solely With
the President
Associated Press Special Wire

Associated Press Special Wire
INDIANAPOLIS, April 1.-THE Journal
will publish the following card from ex-
Attorney General w. H. Miller:
"As the question whether the recognition
of a new government in Cuba Is an exec
utive or legislative function has become
a practical one. 1t may be Of interest to
know what some of the courts have sad
about the matter.
"In Williams VS.. the Suffolk company
(Third Sumner. 272). the decision OF JNs
case turned upon the disputed sovereignty
Of the Falkland islands. The government
of Buenos Ayres insisted that these islands
were part of it's dominion. This the gov
ernment of the United States denied. Just
ice Storey, being asked to decide this ques-
ton as an original judicial question, re-
fused to do so. and said: My Judgment is
that this court possesses no such authori-
ty; that It is bound by the doctrine and
claims insisted on by its own government
and that 1t must take them to be rightful
until the contrary is established by some
formal and authorized action Of that gov
ernment.
=" 1T is clear that It belongs exclusively to
the executive department of our goverr-
ment to recognize from time to time any
new governments which may arise in the
political revolutions of the world; and uu-
til such new governments are SO recog-
nized they cannot be admitted by our
courts of justice to have or to exercise COM
mon rights and prerogatives Of sover-
eighty
ITO this proposition Justice Storey cites
Celston vs.. Hoyt (Third Wheaton, 346), and
number Of English cases. The same case
in which this opinion was delivered by
Justice Storey, having been brought before
the supreme court, Justice Emelian CThir-
teenth Pet, 415). speaking for the court,
said:
Can there be any doubt that the exec
utive branch of the government, which .e
charged with all foreign relations, shall, In
its correspondence with foreign nation
assume a fact in relation to the sovereign
ty Of any island or country. it IS concu-
sive on the judicial department. and this
view, 1t 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 knowthat in the exercise Of
his constitutional functions, he has decided
the questions. Having done this, under
tho 2SSPOhSiOIltIeS WulCu DelODK 10 MIN,
1t is obligatory on the people and the gov
ernment of the union
I'm 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
constitutional requirement that the United
States guarantee to each state republican
government, 1t was for congress to decide
what government Is established in the
state before 1t can determine whether it is
republican or not, and that, therefore, the
act of congress which had been passed was
in that case controlling. But Mr.. Chief
Justice Taney, speaking for the court in
that case, said: In the case Of foreign ma.
tions the government 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 powerin the president Is danger
Gus to liberty and may be abused. All pow
er may be abused If placed in unworthy
hands. But 1t 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 q few years ago, in Jones
VS.. the United States Q37 Z. S., 2O2), in
which the question for decision was as to
the sovereignty of the United States over
Nevassa, small island in the Caribbean
sea, Mr. Justice Gray delivered the opinion
of the court cited, and quoted with approv-
al the language of Mr.. Justice Mclean in
the Suffolk case above set forth. These
expressions seem to indicate pretty clearly
the trend of judicial opinion on this ques-
ton.
(Signed) "W. H. MILLER"