Evening star., 1896-12-22
Senator Morgan Discusses Mr.. olney's
Statement at Some Length,
POSITION PRONOUNCED PREPOsTER0US
The Presidents Power to Recog-
nize a Government Set Forth.
o T H E R o P I n I o n s

When Senator Morgan of Alabama was
asked this morning by a Star reporter how
he regarded Mr.. Olney's statement. in effect
that Congress could not force the admin
istration to recognize the Independence of
Cuba, he replied:
Il agree with the statement made by Mr..
Sherman that there Is no possibility of Mr..
Olney being correct in tina: attitude. The
subject addresses itself to my mind in this
way: This is land of laws. and not land
of prerogatives, and everybody from the
highest to the lowest is obliged to obey the
law. The highest functonary is obliged to
obey by his oath and the people are obliged
by their responsibility in a criminal sense
TO obey the law. So the law rules the
country entirely and is the only bond of
union of society and government in this re-
Iublic. The Constitution provides the man
ner in which law should be enacted. If
hill is passed by majority of a quorum
of both houses of Congress and signed by
the President it is a law: IL the President
fails to sign it and withholds his signature
for ten days it becomes a; law under the
Constitutions; if the President has objec-
tions to 1t and returns the bill to Congress
with a statement of his objections and it
is passed by a majority of two-thirds Ia
both houses 1t becomes law and is re-
corded as such in the archives of the State
Department.
The Supreme Court.
THAT law commands the obedience of
every person until it has been set aside by
decree of the Supreme Court upon the
ground that it Is unconstitutional In mat
ters that relate to the attitude of the
United States toward any foreign power
the Supreme Court has always followed
and Will always follow the action of the
political department of the government.
1t has done so in .sanctioning the re-
peal by Congress of treaties that have been
proclaimed by the President after ratifica-
ton by a majority of two-thirds of the
Senate, showing the supremacy of the pow
er of Congress over the treaty making pow
er, over the executive. over the Senate and
over the Supreme Court in all matters that
relate to foreign affairs.
In considering question OF that kind
the Supreme Court is bound ny the record
of the action of Congress, as it is found
in the State Department or elsewhere
1t finds in that record a statement that
bill or resolution has been enacted into
law according to the forms and require
ments of the Constitutions: it finds that 1t
relates to the attitude of this government
toward some foreign power! and it must
declare upon that record tiat the action by
congress is the action Of the political de-
pertinent of the government of the United
States. and it has always properly con.
strued that it is its duty TO fellow that
action. The cases on this neint are numer-
so l cannot unierstaiit how the presi
cent Of the United States ,cap assert as his
f1Sat Under his executive bowers within
the meaning of the Constitution to nullfy
law that the Supreme Court wu1ld be
bound by, and l think he would find him
self in g very lonely situation of innoc,lous
desuetude if he should ever imagine that it
was his duty to make the effort. IT is not
necessary. perhaps. to '.chafacterize this
position of the Secretary. of State as being
prepostefous or the result of oyerconfdence
IN ms 1ndlv'aual opinion; | think it is ex-
tlemeiy lhdecorous, and II would be danger
Gus II IL were not hteuoStereus.
The Power of the President
THE power of the President in respect
to foreign relations is confined to diplo-
matte intercourse between this governs
ment and other governments that are rec
cgnlzed as being members Of the famil,
Of nations. His powers are special ana
are to be strictly construed They do not
include the power to create a state by his
lpse dlXit in some foreign region or to abol-
lsh a state that may not be agreeable to
HIM. so that his refusal to recognize a
state tlat Is now known to the laws of the
United States as such has no possible ef-
feet upon such state upon this country
While he can identify a person sent as
ambassador minister to this country and
examine into the regularity of his
credentials aid determine whether he is
persona grata or otherwise, that is the
limit of his authority under the Constitu-
ton as to the recognition of the existence
of foreign government In sending min-.
isterS and ambassadors to foreign coun-
tries, which the President can only do
with the consent of the Senate so far as
tEey represent the sovereignty of the
United States and are not merely his per-
sonal diplomatic agents, the President will
find himself totally unable to create any
such person without the consent Of the
Senate, and the Senate In acting upon such
recommendation would necessarily af-
firm or deny the existence of the govern
ment 10 which such minister is proposed to
be accredited by the President. Thus 1t
occurs In every case Of an ambassador,
minister or consul sent from this govern
meft TO a foreign country that the Senate
recognizes the existence of the govern
nent to which such person IS appointed,
and without that recognition that govern
ment could not be said to have any legal
international relations with the United
States. If the President should send a
minister to the republic Of Cuba before
the independence of that republic has been
acknowledged by Congress, the Senate by
rejecting the nomination upon that ground
would declare conclusively that there was
no republic of Cuba.
Mr.. oIney's Position Preposterous.
80 that in whatever light the subject is
viewed the position of the Secretary of
State Is preposterous. The President In
dependently of some act of Congress, can
not recognize new government among the
family of nations out of the territory OF
an existing territory now enjoying the rec
ognition of the United States. If the
President can recognize the Cuban repub-
lie, Independent of the action of Congress,
he can displace Mr.. de LONE minister
from Spain of his rightfu jurisdiction to
represent the entire Spanish monarchy at
this capital. l suppose that even MI. de
Lone would not consent to such a right
full application of the doctrine thai the
Secretary of State seems to adopt"
When Mr.. Morgan was asked his opinion
regarding the reported acYion of Mr. Oll.ey
in notifying the Spanish government that
he would take no action in the recognition
of Cuba in spite of what Congress might
do lie merely replied tha'P tfiat was an ex-
tremely serious matter, which he did not
wish to discuss. IN
Other Senatorial RxBressions.
Senator Chandler. speaking of Mr. Oney's
statement said Il think III was a most
preposterous thing for ancexRcutive to noti-
fy SPAN that she need ,i6t expect any ac-
tien On the Cuban mattlf Until the 4th of
next March. regardless of What Congress
does. l have expressed raysa1f quite freely
On this subject and can add but little to
what l have sad.'' .1s
Senator Hale of AIaineR-.I know nothing
about the report that M Ofney has noti-
fed Spain of his Intentions regarding the