The Providence news. (Providence [R.I.]) 1891-1906, 1896-12-21
CONGRESS AND THE PRESIDENT

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In the relations between Congress and
the President It 10 the practice we believe
to make distinction between concur
rent resolutions and joint resolutions In
that only the latter go to the President
for his signature while the former are
regarded simply rs an expression OF opin-
len on the part of tine legislative branch.
having no statutory function and requir-
ing no action whatsoever on the part of
the executive. Some months ago, for in
stance, Congress passed the Morgan reso-
luton, concurrent resolution giving the
President to understand that in event of
his wishing to recognize the belIigerancy
| OF the Caban Repuulic in it's fight with
Spain, the Legislative body would approve
such recognition. The Presidents dii-
inclination to take such stsp being
kuowp, the passa ye OF the resolution
meant very liitls except as Indicating
the temper of CIngress at that time.
The Senate committee on foreign affairs
nov proposes to report favorably Joint
resolution "that the Independence Of the
Republic OF Cuba be ana the same is here
by acknowledged oy the United States Of
America" aud "that the United States
Will use its friendly offices with the gov
eminent of Spain to bring to a close the
war between Spain aud Cuba" But al
thugh there l. little idea that the House
Of Representatives, will pass this rcsolu-
tion even II the Senate does, and no idea
at all that the President will do anything
more than veto 1t, and hardly any possi-
bility that, in event Of all this, the Sen
alta and House Will adopt the resolution by
a two thirds vote over the Presidont's We
to. yet on the hypothesis covering ell
this, Secretary of state oLNEY has de-
clared tnst the adoption of the resolution
by Congress over a veto will not o. e
eueo iocoBuiiou oi the iHucprHt ou'y
OF Cuba and 80 the belIigerency, ri T. ho
that rction by the Ex, cutive Is no esi ry
tn the end aimed for, and that Congress
Is helpless to commit the government to
any action in the premises.
Whether Secretary OLNEy is right or
not the discussion over the matter
tbreatens to quite sidetrack the discus
sion so,er the resolution itself. 1t 10
human nature to drop controversy over
the concrete for argument upon the abb
stract an the Senators and c Cone ressmen
are bit human. From informant on rew
available the proposition advanced by
the Secretary Is PROBABLY correct and at
all events the condition assumed is unique
and indeed Is yet to come to pass In this
case, IL IL is at all likely to be brought
about. 1t is true that a joint resolution is
In the nature OF law. 1t would ordi-
narily 60 In the statutes and its passage
is subject to the action of both houses
and Of the Executive Just as that OF an |
act. Ordinarily OF course a resolution |
that Is passed owes the Presidents veto
becomes q part Of the statutory law
precisely a. does bill for an act. But
there is probably. a distinction in the case
OF resolution laying down the position
this country shall assume toward anot her
nation. We do not know that sny Con-
gress has ever before undertaken to die
tate to tho Executive in q matter Of this
kind, even II II is likely SO to do now,
although as rule some action by Con-
grcss would ordinarily be necessary to
back up action upon matter of this
kind originated by the Executive When
the discussion over the matter Is ended
II will probably be found that Secretary
oSLEy has the best end OF the argument
in holding that Congress cannot compel
the President to take action, nor can ii
declare the attitude of the administra-
tion OF tho country by p'ssing a joint
resolution over a veto though 1t does
not look at all likely that the question
fn~ofvcd witt gut peyond the abStract
stage.
But We shall all learn something from
the controversy thus precipitsted and
that is evidently worth while.
TIE fight OF the retail grocers in
New York city against the department
stores, that has heretofore contributed to
advertise the latter rather than to benefit