New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-12
Mr.. UERBERT'S EXPLANA11ON
REPRESENTATIVE BOUTELLE ThlNhs IL
Is UNSATISFACTORY.
THE ALLEGED PREcEDENTs CITED FAIL Io
,,,ovr THE EXISTENCE OF ANY AUTHORITY
rop THE POWER CONFERRED UPON
IL ANnI,NT., RIOINT

PROVE THE EXISTENCE VI H''i
FOR THE POWER CONFERRED ufoN
PARAMOUNT BLoUNT
vr.sn,nr,on. March I.-Representativc Bou'eile
, Natra "a not satisfied with the answer 10 ms
Hawaiian resolution which was hid oe'ore ''e
,r',, - REPRESENTATIVES yesterday Speaking Oil
thu. suhec, tonight he Falu;
r.b. se.r.,ary's letter illustrates atresh 'ne seem
,ng confusion Of IDEAS as to the H'i'"'O
onlcial uo,yer that has permeated the p''''
administrations In asserting the fres!uen' .' ~,
.1,,l nrcr,,ratve as COMMUNICATING oi u'o
t'''''N 80, ~,., ~. appears 10 lose sight or me
,.. ,ho, such authority can be eNerclStn "'is ~
o,c,rlance with law. and that the uSC'
nov-.r vested in the Conmander-ln-C''Vi w
mora he delegated TO an unauthoTzeu p'''V" 49,
,or the power OF the President 10 app'VNe ~ =,
49, ...o l..risation The irreeyancy OF the re" al
ioyo1 nrece,ients Is also as obvious as Tue
,1,ri,,,s ransac klng of the records to ma '"e"'
~ tho first TWO citations the Secretary soe'
hack seventy-one years 70 perou "ne" -
NOR, OF the present code or laws WIS u'N 49,
ho only finds orders from the Secretary Oh VIC go
go commander OF the United States brig Enter
,r,s. Z, take on board an agent Oh tle uo'e' ''''
>, n, landed nj Porto Rico. and TO be taken 10 any
-, tho other Islands that ne should desire 10 'ls''
a,a IN consultation with him to carry INTO ene''
certain specific views Of the Secretary OF 80
transmitted the Naval Commence ey furnish ,g any
tary OF the Navy. This utterly ia's ~ LUZ ~
The third and fourth citations embrace orters
70 rommodore NJ G. Perry. when on the COAST 90 81
Wayico in ls,7. TO suspend hostile operations II
Commissioner Trist should notify Nm tna cavern r
mont for an arrnisce and to furnish Mr. irist pas
sage and other facilities This Is as entirely uha''"
able as A precedent for the Bount case a,
"It is amusing to note that this Democrauc az -
mlnistration is driven find the only semblance OF
nrnnoIent for it's action in some orders issued our
Ing the famous san Domingo episode ny tnat tb.
subject OF Democrac denunciation Secretary Ic
tary Robeson in 1869 to Captain Balch of the -, >;
y y" Albany, directing him to receive on board the
,hren enyoys sent by the President 10 San DomiI,
| 90 Informing him that General Bapcock VIII Viz
have certain orders from the rresuem, atu the
capton 10 conform to all his wishes ana orusrs
him TO- such Poh hc , as Was Liable
70 broader construction. the wnoe coh.eH, a' y.
circumstances clearly SHOW that 'ne convevance
TO be governed by the wishes OF the IL rraj
and there was no SUGGESTION o, ~ civilian for
nUv military purpose az In the Blount case
Secretary Herberts careful omission OF me in,
clrIInr norton OF Secretary Robson second ~.
Ter from his summary is also regarded by , Mr.
Boutce as very significant In that letter 70 it the
Secretary comments him for having promptly com, pm,
Piled with the instructions or Cenera n'pvo of,1csr
! Can,ajn Balch had declined to give his oIlea.
sanction indorsemt upon the poas,le
~ Contoin Balch understood the law. ana tne
TACT that he was the Rear Admiral to whom seer
tarv Hunt sent orders In December. SSl 10 furnisn
car ssi FOR the conveyance OF the Trescott-Baine
mission TO such points OF Unn hmd he recognize
| no military command or significance IN '"oSe "
structionss 10 oil" added Mr. Boutelle that Sec
re,nrv Herbert has been able to find In 100 year year
OF naval administration to put forward 10 Jusd q,
the usurpaon Of placing the n aSsC of civilian. with
newer TO land troops embark them 70 s,,.ne
Honolulu FIRE n an" Sa WgN and ND
torily order its flag to be hauled down.