Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-12-23
Issues and oplsisns Raised.

sOo~SS Osse OpsssVss~ ss~sS~e'
II is probable that the issues raised
by the Cameron resolution and the at
titude of the administration toward it
are second in point of number only to
the number of opinions expressed. IN
deed the Cuban feature Of the affair
is beginning to play minor part 10
that question raised by Secretary oi-
ney respecting the sole right OF the
executive to do what the Cameron res
olution proposes Congress shall do. So
excited have some become over it that
threats to impeach Olney have been
made, the ground being assumed that
he assured Spain of American inaction
in Cuban affairs. There was bit of
the dictato1ial spirit in both Mr.. OIL
news words and in his decision to vio-
late his p,ecedents for keeping silent
concerning such matters, but we pre-
sumo fear of Impeachment has not yet
affected his purpose or disturbed his
serenity His apparent desire. in ac-
cord with that of his chief, to run mat
tiers and assume all the responsibility
with contemptuous disregard for the
popular branch Of government, is suf-
ficient to account for his Willingness
and abrupt promptness to take the
burden from the shoulders of Con-
gress But this responsibility Con-
gress can't avoid until such time as it
may have been decided that the rights
of the executive are such as claimed
by Secretary Olney. Accordingly the
opinions upon that phase of the situa-
ton are of as general interest as they
are of general expression.
Chairman Sherman of the Senate
foreign affairs committee says
There is no foundation for the state
ment that Congress may not. IL It Will,
recognize the independence of a new
nation, nor do 1 think Mr.. Olney con-
tests it, but he thinks the matter ought
to come from the President.
IF. however, Congress should pass
a resolution and the President should
veto it, it can be passed by two
thirds vote of each House. and would
become a law which the President
must respect and obey.
On the other hand is cited Secretary
Stewards instructions to Mr.. Dayton
at Paris, April Z, 1864. In these he
said:
1.-The question of recognition of for
eign revolutionary or reactionary gov
ernments is one exclusively for the ex-
ecutiye, and cannot be determined in
ternationally by congressional action.
Senator Edmunds is quoted as taking
Olney's view of the matter and refer
ence has been made to the decision of
the U. S. supreme court in the case of
Williams VS.. The Suffolk Insurance
Company, as indication what the court
would say upon this question. This
decision is:
Can there be any doubt that when
the executive branch of the govern
ment, which is charged with our for
eign relations. shall in it's correspon-
dence with a foreign nation. assume
fact in regard to the sovereignty of
any island or country, it is conclusive
on the judicial department? And in
this view it is not material to inquire,
nor is it the purpose of the court to de-
termine, whether the executive be right
or wrong. 1t is enough to know that
in the exercise of his constitutional
functions he has decided the question.
Having done this under the RESPONSE
bilities which belong to him, it is OBJ
ligatory on the people and government
of the Union"
1t is reasonable to suppose, however,
Congress would be compelled by moth
ing save public sentiment. which would
be sufficient were the country in dan
ger. to grant appropriations for exc
cutting the Presidents purpose.
Mr.. Miller, who was attorney gen.
eral under Harrison. supports Mr. Oh
ney's view of the law and cites in
support the case of Williams VS.. The
Suffolk Insurance Company.
On the other hand there is the opin-
ion of ex-Judge Cooley. the eminent
and learned authority on constitutional
law who says:
THE power to recognize belligerency
and the lawfulness of action in defence
of a government alleged to be defacte
must devolve upon the executive pow
err of the country, which can recognize
no belligerent government until the
fact is made clearly known to it that
there is in existence a government
maintaining itself and enforcing it.
authority against any other. But thu
Presidents power is not complete ant
final. The sovereign legislative powe
must provide for final intercourse ant
pass laws for the purpose, laws which
the President would be impeachabl
IL he should not join in executing
What he does in recognizing new ma
ton is clearly in part legislative, an,
the action taken, if taken by the Pres
ident alone. would be so far defectiv
as to be impossible of execution withou
being perfected now or in the futur
by, the sovereign legislative power.
With such conflict of authority ex
cited the conditions and demands O
cite