The San Francisco call., 1896-12-21

were said to have had his approval, if, in
deed, they had not been inaugurated at
his suggestion.
In his official capacity Mr.. Olney was
intimately associated with the President
in the steps which were taken to suppress
the great railway riots by the use OF Fed
eral troops and throughout his occupancy
of the Department OF Justice he was con-
stantly called upon to declare executive
power under the constitution.
The sharp demarkation of Congressional
and executive functions with respect to
purely international matters was pre-
sented to him as the legal adviser of the
President upon the adoption of the Hoar
Turkish resolution, and at that time 1t
was understood that such instructions to
the President, whether in the form OF con-
current or joint resolutions, did not require
compliance. The President neither signed
nor disapproved the resolutions. nor did
be transmit them to the Ottoman Porte.
The Cuban resolutions were similarly
ignored, though at the time OF their adop-
ton it was generally understood that Sec
retary Olney ad reached the conclusion
that their effect was conclusively ad-
visory, however mandatory their language
might be.
1t is pointed out by State Department
officials that Congress has never been con-
firmed by the Supreme Court in its asser-
ton of any powers not expressly given to
it by the constitution. In the event of the
recognition of either the belligerencv or
independence of Cuba the first result. it is
held, would be the appearance of an &C.
credited Minister or other emIssary 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 its accredited Minister, Mr..
Rudugney, has been in Washington a
fortnight. He has not been received by
the President nor has the American charge
at Managua been authorized formally to
recognize 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 foreign
Government has taken place without any
thought of possible approval or disap-
proval OF congress, notably when Presi-
dent HARRISON acted upon the termination
OF the Chilean revolution. The same was
also the case upon the establishment of
the present republic OF France and the
republ of Brazil. Another recent case
OF exercise of the Presidents auth ority in
receiving and dealing with foreign Minis
ters occurred in the dismissal of Sir Sack
vile West the British Minister. While
this caused no disruption of our relations
with England, it is held taat it showed it
to be the Presidents power to act without
consulting Congress, and it was execu-
tive action which might have led to war.
In this connection it is also pointed out
that while Congress can alone declare war.
itis clearly within the power of the Presi-
dent by his own action to bring about a
war, which, if declared by an opponent,
would create condition he would be COM
PEELED to meet until Congress could assem-
bic and act.