Evening star., 1918-12-04
.PRECEDENTS BACK +,
PRESIDENT WILSON
Grant Contended Executive
Acts Legal No Matter
Where Performed.
ACTIONS OF OTHERS CITED

Supporters of the contention that
the President Of the United States may
exercise the functions of the executive
while away from the seat of govern
ment have found precedents set by an
unbroken line Of Presidents. from
Washington to Lincoln. erseoove4 1
notable precedent has .hssn fopnd for
the position that the Congress Smay not
question the executive as to where and
how he discharges the duties Of his
Office.
Grant Emphasizes Point.
President Grant, In a message to
the House of Representatives May 4,
1876. emphasized sharply that point.
The House had adopted d resolution
April 3. proposed by the late Joseph
c. S. Blackburn. then representa-
tive from Kentucky. demanding of
the President an accounting for ex-
ecutive acts performed at a distance
from the seat of government. That
resolution had been carried on the
same day that articles of impeach-
ment were preferred in the House
against the Secretary Of War. w. W.
Belknap. The House was democratic
and the republican administration was
| under fire.
After denying the right Of the
House to interrogate him as to how.
executive acts, President Grant went
on to say that, following immemorial
custom. he had at times performed
| duties pertaining to his office while
away from Washington. He insisted
that he was clearly within his rights
in so doing.
President might not only perform ex-
ecutiye acts away from Washington,
but, indeed, might do so beyond the
limits of the United States. This
point made by President Grant is
deemed pertinent to the pending visit
of President Wilson to France.
sCivil Powers Not Limited"
"The necessity of the performance
of executive acts by the President OF
the United States exists and is de-
| yolved upon him. said President Grant
in his message to the House. "wher-
ever he may lie within the United
States during his term OF office, by
| the Constitution of the United States
"His civil powers are no more linn
tied or capable of limitation as to the
place where they shall be exercised
| than are those which he might be re-
! ouired to discharge in his capacity as
commander-in chief Of the Army OF
Navy, which latter powers, 1t Is evil
dent, he might be called upon to ex-
! erc1se possibly even without 1ne nm
forts of those lately in rebellion
against the government been success
| flIl in driving a late President OF the
| United States from washington. 1t Is
manifest he must have discharged MS
| functions, both civil. and military
elsewhere than in the place named by
| law as the seat of government
| Accompanying the message to the
] House was a t'memorandum" showing
| the absences of Presidents OF the
| United States from the seat Of govern
msnt and ID the iSe thus H1 aWay
| President Washington was absent
18O DAYS during his term. and even
issued a proclamation while away.
President John Adams was absent
| 385 days.
Absent for Long Period.
President Jefferson. held the high
| record; he was absent 7S6adays, more
| than one-fourth Of his official term
President Madison was away 637;
President Monroe, 70s. The lowest
| absenteeism was In the term Of Presi-
| dent Taylor, who was away only 81
days and who signed. while outside OF
washington. the proclamation rela-
tive to the threatened invasion OF
| ruha and Mexico Of 1849.
II is thought within the range o,
|possibility that the Presidents absence
from Washington may yet come to tht
supreme Court, involved In some pos.
sible test Of an executive act, How
the Supreme Court feels upon tho sub.
iect Of the legality Of the absence is
Of course, unascertainable..
It 10 recalled by veterans at the
ICapitol, however. that In 1888. wher
i President Mckinley wanted tho pres
emit Chief Justice 0f the United States
Il II 4,