The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-03-12
Mr.. HERBERTS PRECEDENTS.
soUFsLEs SHOWS TH<r zHsT no
Eof <PPLE 70 TEE BL0UST cksR


Tss FIss,ss ~ Blo--s - Atsss-ts cs--
--ss sf 80 As-srsi see Flee, Sc ssy-.
ives = vtstsuo. 80 Law s-s 81 The
Navel Resuisusss whteh tie Freesss-ts
osstss ~ tie Secretary Fsn ts J-stiey.
wlsH1ScroS. March II. - Representative
Boutelle OF Maine IL not satisfied with secre-
tsry Herbsrt's answer to his Hawaiian reso-
luton, which was laid before the House OF
Representatives YESTERDAY speaking on the
subject tonight he said:
The sectetary's letter illustrates afresh
the sssminR confusion Of ideas as to the limi-
ts.lon Of oficial power that has permestsd
the present Administration. In asserting the
Presidents Constitutional preroga alive ss Com
IN nder- in Chief OF the army and navy he APP
pears to lose sight OF the fact that such su-
thority can be exercised only in accordance
with Law. sad that the discretionary power
vested in the Comm nder- In Chief can no
more be delegated to an unauthorized person
thg.tthe power Of the President to approve
bills or TO veto legislation. The irrelsvancy Of
the few alleged presidents IL also as obvious
as the evidently lsborious rsnsacking Of the
records to ind them
For the fret two citations the Secretary
goes back seventy-ous years to period when
q large Part OF the present code OF laws was
unkuOWu anu be ouiI hhus OtoSie ho" sfS
Secretary Of the Navy to the commander ofthe
United States brig Enterprise to take on board
In agent OF the Governme to be landed at
Porto Rico. and to be taken to any Of the other
islands that he should desire to visit. and In
consultation with him TO carry into effect GER
tain specific views OF the Secretary OF State
transmitted TO the naval commander By the
Secretary OF the Navy. This utterly fails to
furnish any precedent for the Blount case.
The third and fourth citations embrace
orders to Commodore NJ. C. Perry. when on the
coast OF Mexico in 1917 to suspend hostile
operations II Commissioner Trist should
notify him that h. had effected an arrange.
ment with the Mexican .GoteInment for an
ana other facilities. This is as entirely I'M
that this Demoefatic Admin strstion is driven
set ION IL some ss orders issued dSrips the
famous San Domingo, episode by that secre-
subject S '1 oi Den smocPstie deSSnei.fon ssers
qT n 1s Gp ca. tae
: :ssi e.. RS:s sis' pe%ns
and with an evident iooseness Of phr.ssoiosy
wishes anil orders. and to convey him to such
points as he desired to visit. While the word
.afu g, one the wSc. eon,eSt snd eir.S%
stances. Mr. Herbert contends clearly show
that the intent was to cause the movements OF
the shin as q conveyance to be governed By
the wishes OF the Com missioners. and there
was no suggestion OF placing the armed forces
any military purpose as in the Biount case"
Secretary Herbert's careful omission OF the
second letter from his summary Is also re-.
garded By Mr. Boutelle as very signircant; IN
zion. q Gen. Babeoek; but cali. attentIop to
had declined to give b 8 oficisl sanction or
upon the inStrue bn, Of Gen.
that Capt. Balch understood the law.
and the fact that he wss the Rear Ad:
in Detsmber 1881. to simply iurnisa a vessel
for the CONVEYANCE OF the TTesscott, Blaine
to ius a Ca Spa t Rsn
recognized no military command or signit-
canoe 10 those instructions r
seer.tSty Herbert has been sbIs to Ind in =
hundred years q naval administration TO put
The absolute somn and Of an Admiral and iest
IN the hands Q; a civilian with power to
AND who did assume ''a arbitrary n Siit.r;
order its flag to- to be haulsd down. Ths. Mr.
Blount understood the difference between the
Of IN bs ns ead
Secretary Herbert. and the authority bestowed
upeR HIN. 'wts 9!aiRlT shown by his statement
il il rec iss.sd to sSs eIt.ns Of eSntrol over The
landing or withdrawal OF the armed forces
when he said: Ny impression was that II
the Instructions but from the letter Of the
Secretary OF tho Navy-if Issued an order the
Admiral would obey
The Secrstary's letter entirely falls to JUS
tify an act that he must know WAS In fragrant
violation OF the law. In open contempt OF the
explicit terms OF the navy regulations and
Of the fundamental principles upon
which the maintenance OF good order and mill
knows that even II isolated cases could be
found OF uLwarranted assumption OF power by
secretaries called into ONCE from civil life.
their action would furnish o excuse for future
violations OF the laws and IL would seem that
any ona who had held a commission in ary
military service must understand the absolute
necessity for restricting military and naval
eommAnd within the Limitations OF trained and
organized responsibility"