Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-20
PARAMOUNT BLOUNT.
Senator Hoar Scores the Presidents
Action.
NO PRECEDENT FOR THE APPOINTMENT.
Mr.. Cleveland Pictured in the Role
Of Dogbery.
THE AMERICAN ION.

Senator Hoar today called up the resolu-
ton which he had offered on Monday last
that the message of the President on Ha-
waiian affairs AMI the accompanying docu-
ments be referred to the committee on for
eign relations. and proceeded to address the
Senate on the question Of the legality and
constitutionality of MIR. Bloupts appoint
ment as commissioner paramount. Mr..
Hoar made a vigorous speech, assailing the
President for exceeding his powers in this
appointment.
Now. 1t seems to my mind" said Mr..
Hoar, after briefly recapitulating the pow
ers conferred on the President, "a propo-
sition that never can be questioned. except
under the excitement and stress of partisan
emergency. that this gentleman was ap-
pointed as a public minister. He was un-
derstood by the President, who appointed
him, to be a public minister. He under
stood himself to be a public minister. The
powers with which he was clothed were, in
substance and essence, the powers of a
public minister of the amplest character.
He was received as a public minister by
the government to which he was accredited.
No power or function Of public minister
was denied him. That person is, as it
seems to me, clearly public officer whose
acts ara binding on other persons by vir-
tue OF the authority he is exercising, when
such acts originate IN his own discretion
or judgment, and he is not merely an agent
conveying the mandate Of another"
The Senator quoted a number Of legal
authorities In support of his proposition
that Mr.. Blount was public officer"
Not Liable to Arrest.
There is one decisive test" he said, .of
the character which the President under
took to confer upon this agent. The pub
lie minister is not liable to be arrested, or
held personally responsible for acts done
by his superior's order. The private citi-
zen has no exemption from full respon-
sibility to all the laws Of the country where
he happens to be. VIII it be pretended that
the government of Hawaii might have
arrested Blount for reasonable plotting
with the queen, If he had offered to restore
her under any circumstances? They could
nave done it. unless he were a minister of
the United States Will it be doubted that
the investigation of the circumstances
which led to the establishment of an ex-
listing government, with view to it's pos
sible overthrow, Is not an act which would
warrant the instant expulsion from it's
territory of any person engaged in II, other
than the representative OF a foreign gov
ernment?"
Mr.. Hoar said these were vital questions
affecting the dignity and authority Of The
Senate in relation to one of its most i'm
portant constitutional functions, and affect
ing the great question of all questions,
whether the people of the United States are
living under constitution or dictator. They
are not to be whistled down the wind. No
President of the United States, in his Wild
est dreams. ever thought that such a power
as this belonged to the executive before
the 4th of March, 1893.
He discussed briefly the list Of some 800
or 400 cases produced in the Senate In
President nf q cd tat
has appointed certain public officers, or
other agents, to negotiate treaties, and de-
clared they had no bearing on the case
whatever.
'Win anybody pretend" he asked, that
Mr.. Stevens, the minister resident at Homo
lulu, could have been appointed to his office
while the Senate was in session, or could
have continued to hold 1t, If appointed, in
vacation If there had been subsequent
session of the Senate, which had ended?
do not suppose the most capacious gullet
of any defender of the President would
swallow such proposition, or the most ca
pacious stomach of any such person would
digest 1t. unless possibly some editor of a
New York newspaper, Of foreign birth, not
supposed to have much understanding either
of the spirit or letter of the Constitution of
the United States. Now, If that be true,
will anybody stand here and claim that
| the appointment of a person authorized to
exercise every function committed to Mr..
Stevens. and more-paramount to him in
official authority and duty in every respect
accredited to the same government, the
archives of the legation open to him. the
power to command naval vessel of the
United States expressly intrusted to him,
and, in the language of Mr.. Blount's in
struCtiOns, your authority in all matters
touching the relations of this government
70 the existing or other government of the
Islands, and the protection of our citizens
therein, being paramount, and in you alone
being vested full discretion and power to
determine when such naval forces should
no WI auyr1' may he do
to a new Office without the advice and con-
sent of the Senate?
IF we submit" said the Senator ito this
astounding and unheard-of pretension the
authority of the Senate, over large part
of its constitutional domain. is abandoned
and gone. One of the trainers of the Con-
stitution declared that he esteemed the
provision made for appointments to office
matter of very great Importance, on
which the liberties and safety of the people
depended nearly as much as on legislation.
If that was vested in the President alone
he might render himself despotic.
Mr.. Gray's Partisnnship.
1.-The Senator from Delaware (NIr. Cray
declared the other day that in all foreign
matters he always left partisanship behind
him. 1 have heard that Senator's speeches
on the questions relating to foreign affairs
But have never heard a like tribute of his
exalted character, in that respect, from any
other lips but his own. Such is my respect
for that senator however, that l am will
ing to take his testimony, even in his own
benalf, without otner corroDoration But
1t occurs to me that there are some do
nestle questions in regard to winch il
might be hoped and expected a Senator
of the United States might lay aside that
extreme craftsmanship that, until now, had
been commonly imputed to my honorable
friend from Delaware 1t would occur to
me that in a question of executive usurpa-
ton an American Senator might be ex-
pected at least to see that the privileges
the authority and the dignity of the body
| OF which he was a member are not sacri-
| feed. If President Cleveland could have
| done what he did on the 9TH day OF March,
| 1873, in the case of Hawaii, he could have
| continued the diplomatic agencies so estab-
lished throughout his entire presidential
term. He could have established a like
! diplomatic agency and authority in every
civilized country on the face of the globe
What he could do in Hawaii he could do
| in Great Britain. Can he at this moment
send Mr.. Blount to Great Britain and order
him to get Information respecting the con-
dition of affairs in the British Islands. and
the sentiment of the people toward ex-
listing 70 10 o.