The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1896-12-26
PRESIDENT OR A

Executfye-He Can Utterly Ignore Con-
gress, and Refuse TO be Governed by Its
Acts, But May Himself Bring About q.
Foreign War-Precedents Established.
WASHINGTON. Dec. 21.-There is
every reason to believe thai Secretary
Olney's declaration that recognition is.
exclusively an executive function was
not made until after hat caution and
thorough elaboration which charac-
terized his conduct of the negotia-
tions with Lord Salisbury over the
Venezuelan controversy and other i'm
portant official matters which have
called for his decisions since he en-
tered President Cleveland's cabinet as.
attorney general nearly four years
ago 1t is well known in the
highest official circles, especially
in the cabinet, that ques-
tions of presidential prerogatives
were forced upon him by
his colleagues among the executives.
advisers at the outset of this admins
tratiou in connection with the per-
plexities that arose in the Hawaiian
affair when the executive was placed
in direct antagouism with congress.
The paramount mission of Commits
sioner Blount to Honolulu was under
stood to nave been undertaken with
the attorney-Scncral's full indorse-
ment and ali the subsequent acts OF
the administration with regard to the
mid-ocean republic were said to have
had his approval if, indeed, they had
not been inaugurated at his sugges-
ton.
In his official capacity Mr.. Olney
vas intimately associated with the
president in the steps which were
taken to suppress the great railroad
riots by the use of federal troops and
throughout his occupancy Of the de-
partment of justice he vas constantly
called upon to declare the limitations
OF executive power under the constitu-
ton.
The sharp demarcation of congress
sional and executive functions with
respect to purely international mat
tiers was presented to him as the legal
adviser of the president upon the
adoption of the Hoar Turkish reSolu-
tions, and at hat time it was under-
stood that such instructions to the
president by congress, whether in the
form of concurrent or joint resolu-
tions, did not require compliance.
The president neither signed nor dis
appraved the resolutions, o did he
transmit them to the Ottoman porte.
The Cuban resolutions were SIM
ilarly ignored, though at the time OF
their adoption it was generally under
stood that Secretary Oiney had reached
the conclusion that their effect was
exclusively advisory, however man.
datory their language might be.
1t is pointed out by state depart
ment officials that congress has never
been confirmed by the supreme court
in it's assertion of any powers not eX-
pressly given to it by the constitution.
In the event of the recognition of
either the belligerency or lndepen-
dence of Cuba, the first result, it is
held, would be the appearance of an
accredited minister or other em.s,ary
of that island. The contention is that,
under the constitution. the president.
is the sole judge as to whether such
emissary shall be received.
Precisely this emergency has arisen
in the past few weeks. The greater
republic of Central America has come
into existence and it's accredited min
lister, Mr.. Redugney, has beer in Wash
ington a fortnight. He has o been
received by the president nor has the
American charge at MaDagua, Nicara-
qua, been authorized to formally recog-
nize the new arrangement.
The president also took his own
time in recognizing the provisional
government OF Hawaii and also the
Dole government. Frequently prompt
recognition of a foreign government.
has taken place without any thought
of the possible approval or disap-
prevail of congress, notably when
President Harrison acted OH the prac-
tical termination of the CHILEAN ~revolu-
ton. The same was also the Ease
upon the establishment of the present
republic of France and the bile of
Brazil.
Another recent case of the exercise
of the presidents authority in re-
ceiving and dealing with foreign min
listers was the dismissal of Sir Lionel
Sackville-W West, the British minister.
While this caused no disruption of our
relations with England, it is held that
it shovel the presidents power to act
altogether without consulting congress.
and it was an instance of an execu.
tive action which might have led to-
war.
In this connection it is also pointed.
out that while congress can alone de-
clare war, it is clearly within the
power of the president, by his own &C.
ton, to bring about a war, which, il
declared by an opponent, would create
u condition he would be compelled to.
meet until congress could assemble
and act, especially if hostilitics were
provoked on our coast.
SIAQII INC IMnzI InEMnE