Evening star., 1928-04-26

In considering anarchy and mlsrule
as a ground for Intervention, the vlcv
must not be confined 10 the physical
consequences which they may have, be-
yond the limits Of the territory IN which
they rage II is idle To argue IN such
case that the duty Of the neighhoring
people is TO look on quietly. Laws are
made for men, not for creatures OF the
imagination, and they must not create
or tolerate for them situations which
are beyond endurance, We will not say
OF the average human nature"
In 1912, while Taft was Chief Execu-
tive and Elihu Root was Secretary OF
State, the solicitor of the Department
OF State was called upon TO analyzs the
law and Constitution bearing on th1s
question Of the divergence Of the pow
c.s of Congress and those Of the PTesi-
dent Quoting from that brief Is the
following page $50:
"Inasmuch as the use IN foreign
countries OF the military forces OF the
Government :or the purpose OF pro-
sect:rg American lives and property.
therein situated. does not amount to an
act Of war. nor TO a declaration Of war.
ii is doubtful If Congress has authority
directly TO control such use. The Con-
ssituticn. BY article |. section 9, para
graph II. authorizes Congress 10 de-
clare war II does not, so far as the
regular forces are concerned. empower
Congress to authorize the President 70
use the forces OF the United States 70
perform on foreign soil services or acts
not amounting 10 war,
1T seems TO oe a settled rule OF con-
stitutional law that while the grant OF
one power of the Constitution carries
with IL the grant o. smaller powers
necessary 70 the exercise Of the greater.
1t docs not carry with II tire graft nf
other smaller or inferior powers merely
because they are inferior Therefore Il
is not believed that Congress may. mere
IL because II Is authorized to declare
war against a foreign country. be ccll-
sidercd as possessing power 10 direct sas
President IN the employment Of ;ofces
in operations not amounting 70 var
against a foreign country.
1T is believed to be of at leaSs 5 me-
signifcance on this point saS~ there Is
not, and apparently never has oscn. on
the books. a general or permanent
statute either prohibiting the President
from using or directing him m the W.
of the forces OF the United States ioT
the protection of citizens abroad
IL 81
recognizes the principle under discussion
as part of international Law, under
which this Government conducts It's
foreign relations, IL may be regarded as
doubtful that Congress has tbs SNtESt,-
;utional power 10 pass any such act.
Some color is lent 70 this belief oy
the fact that in the lass SeSSlor Of Con-
SreSs IL vas proposed il The Senats 70
control this matter, not by direct in
hibitory legislation against such t.ss. cut
BY an indirect method Of StoppinS the
paw. under the regular appropriation. OF
forces Of the United States while 'asy
were engaged on foreign Soit" Con.
sreSSional Record. Slxty-SecQno Con-
cress. Second Session. August "A. ial3A
That attempted left-handed uSurHs-
ton hy the Senate OF the prerogatiyeS
and c,1ies OF the President never pass
ed. but was proposed.
The solicitor 0f the State Department,
continuing, said,
1T appears unnecessary to elaborate
any argument golus 20 show that re
President, as Chief Executive, Is. under
the Constitution primarily ehar@sd
with the conduct OF our foreign rssa-
tons, including the protection ot the
lives and property ot Our citssrSS
abroad. save In 50 far as the Constitution
expressly vests part Of these tuncttcpS
in some other branch OF the Goverh-
ment. for example, the Senate IN the
MAKING of treaties, Certainty.
eeginninx with President Jefferson, tns
Executive has consistently with the ex>
ception already noted as to President
Ruchananl declared that Il possessed
the right 20 protect with the forces es
the United States the life and property
of American citizens
Justice Gray, in delivering the cpin.
ION oG the supreme Court in the k'l.
quette Aahana. IT'S Y, s, SfT-Teo. said
International law Is part et our oa%
and must be aSeertainsd aNd acE'p'
tStered BY the couFtS vt sNStscc NJ a.,
propriate jurisdiction Ute DOES not SsY
by act Of CongreSsA
Justice Gray cited 4 case og \ Aup,
gaFian named K0S6ta. who had msyeN
made his declaration Of intent - D
eoAAe an American, and WHO was tAen
discovered BY an Austrian Wer$h,H iN
SMYRNA, and taken prisoner Co enforce
military service, Capt IngFta3M cosU-
Manding the Sloop NJ, k4ca.s, demanded
koSAtaS release and up0a ere Aus
TRANS refusal Can't, msrAham trained
his guns ready 20 give him a hgOAaSlcf.
Tie gOt his American And later a stsid
medal nom Congress- aAe the eoffe,
Sponaenee following, from SsSFetasy OF
State MaIey, With AuStFiAS Minister
ltulSeaNan, Is famous tl AmefieaA hsS'
tory, Vet the Navy had had no egdets
groM Congress- 10 protect k0Sxsa,
summing up his conclusions at t0e
whole matter, the solicitor OF che state
Department said, 1T II therefore be
heved, As alrcacy stated, that the flcS.
ident may. under hiS ecaastttutAonas
powers. and without the necessity ns
anetllary legislation, ensogce those rules
ana principles OF International law in
VOWED In the matter under saSeuSsieA
The ualttea and RIGHTS Of the fNeaidens
are nxed, net nv win at cOnSfeNA elN
directly hy the CenStltatt>N He h Aot
sn executive clerk Of Congress
teensushs tAas ~ rAas eelliaal