The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-21


after that cautious and Thorough delibera-
ton which characterized his conduct OF
the negotiations with Lord Salisbury over
portant Official matters which have called
for his decisions since he entered Presi-
dents Cleveland's cabinet as attorney
general nearly four years ago.
PRESIDENTIAL PREROGATIVES.
1t is well known in the highest official
circles, especially in the cabinet. that
questions of presidential prerogatives
were forced upon him by his colleagues
among the executives advisors at the
outset of this administration, in connec-
ton with the perplexities that arose in
the Hawaiian affair, when the executive
was placed in direct rantagonism with
congress. The paramount mission of
Commissioner Blount to Honolulu was
understood to have been undertaken with
the Encouragement full endorsement
and all the subsequent acts of the adj
ministration with regard 10 the mid
ocean republic were said to have had his
approval if, indeed, 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
federal troops. and throughout his oc-
cupancy of the department of justice he
was constantly called upon TO declare the
limitations of executive power under the
constitution.
The sharp demarkation of congressional
and executive functions with respect to
purely international matters. was pre-
scented to him as the legal advisor of the
president upon the adoption of the Hoar
Turkish resolutions, and at that time it
was understood that such instructions to
the president by congress, whether in the
form of concurrent or joint resolutions,
did not require compliance.
The president neither signed nor dis
approved the resolutions nor did he trans
nit them to the Ottoman porte.
SIMILARLY IGNORED.
The Cuban resolutions were similarly
ignored, though at the time of their
adoption it was generally understood that
sion that their effect was exclusively
advisory. however mandatory their
language might be.
1t is pointed out by state department
confirmed by the supreme court in its
assertion of any powers not expressly
given to it by the constitution.
In the event of the recognition of either
the first result. it is held. would be the
appearance of an accredited minister or
other emissary of that island
The contention is that. under the con-
rs to whether such emissary shall be re-
ceived 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.. Reudgney, has been in
Washington a fortnight. He has not
been received by the president. nor has
the American charge at Managua. Near
aqua, Eser. Authorized to formally recog-
nize the new arrangement.
A FEW MORE.
The president also took his own time
in recognizing the provisional govern
ment of Hawaii. and slso the Dole gov
eminent. Frequently prompt recognition.
o. a foreign government has taken place
without any thought of the possible aD-
prevail of congress. notably when Presi-
dent Harrison acted on the practical
termination of the Chilean revolution.
TIE same was also the case upon the
establishment of the present republic of
France. and the republic of Brazil An
ether recent case of the exercise of the
presidents authority in receiving and
dealing with foreign ministers occurred
= the dismissal of Sir Sackville West.
the British minister. While this caused
no disruption of our relations with Eng
land it is held that ii showed the presi
dents power to act altogether, without
consulting congress. and It was an IN
stance of an executive action which might
have led to war
In this connection ii is also pointed out
that while congress can alone declare
war, il is clearly within the power of the
president, by his own action. to bring
about a war, which, il declared by an
opponent, would create condition he
would be compelled to meet until con-
gress could assemble and act, especially
IL host.lities were provoked on our coast.