ether they have been
properly accredited, so that they have the proper authority to act for
the country they claim to represent.
When there is a dispute as to what person is the chief executive of a
foreign country and therefore entitled to send an ambassador or
minister, the President must decide it. In other words, he alone can
exercise the power of recognition. How important a power this is, we may
know from our recent experiences with Mexico, for President Wilson, by
withholding recognition from General Huerta, was able to render his
longer tenure as chief executive impossible.
In our foreign relations it is often the President's duty to formulate
the national claim of sovereignty over territory whose ownership is in
dispute. This is a political question and his decision or claim in
regard to it is taken as final by the Supreme Court.
In the Fur-Seal Controversy, Mr. Blaine took the position that our
jurisdiction reached out over the Bering Sea. The question was contested
in the Supreme Court by the British and the Canadian governments. The
Supreme Court said: "We cannot determine this. It is a political
question and must, therefore, be decided by the President through his
Secretary of State." We then submitted the issue to an international
tribunal, and the decision was against us.
Another great power of the President is the power of pardons and
reprieves. This is not to be determined by rules of law nor indeed by
absolute rules of any kind and must, therefore, be wielded skilfully
lest it destroy the prestige and supremacy of law. Sometimes one is
deceived. I was. Two men were brought before me, both of whom were
represented as dying. When a convict is near his end, it has been the
custom to send him home to die. So, after having all the surgeons in the
War Department examine them to see that the statements made to me about
them were correct, I exercised the pardoning power in their favor. Well,
one of them kept his contract and died, but the other seems to be one of
the healthiest men in the community today.
The President is also the titular head of a party and ought to have a
large influence in legislation. He is made responsible to the country
for his party's majority in Congress, and does thereby have some voice
in legislation. Some Presidents have more control than others, but all
Presidents find as the patronage is distributed, and as the term goes
on, that the influence and power that they have ov
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