The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-12-22

recognise the sovereignty and independ-
ence Of any of the said provinces" Here
the initiative was apparently conceded TO
the president but 1t may be claimed that
| II was only as matter of eXpediency be-
cause he was in a better position TO act
that the advisory relation of congress- was
asserted. When in 1922 the independence
Of the provinces was indisputably estab-
lished and President Monroe felt that 1t
ought to be recognized he did not assert
| or assume exclusive jurisdiction but sent
| special message to congress In which he
| submitted the proposal, set forth the rea :
sons for 1t and asked for the concurrence
of congress. If he did not abnegate his
own right he conceded and sought the
participation of the legislative branch.
The later authorities point in the same
| direction. The report of Mr.. Clay as
chairman of the committee on foreign re-
lations In 1886 has been cited by Senator
Davis. In that report he showed that the
independence of Texas might be recog-
| niZed in either Of several ways, one of
which was the enactment of a law regu-
lating commercial intercourse with the
new republic. His proposition seems self
evident on its mere statement and has
never been successfully contested. When
the house of representatives resolved that
the expediency Of recognizing Texan in
dependence should be left to the discre-
tiOn Of congress. President jackson con-
Cured in this view. and waived any dis
cussion of his strict constitutional right.
As matter of fact the independence of
Texas was recognized by resolution of con-
gress. approved by the president. pre-
cisely as is proposed in the Cuban resolu-
tion.
ANY misconception on this subject"
adds the Press, grows out of q failure
to distinguish between general diplo-
matte functions and the exercise Of the
highest sovereignty. The president ap-
points and receives ambassadors: he
recognizes changes in governments; he
makes treaties subject to ratification
by the senate; he conducts the general
foreign relations of the government.
But when it comes to the question of
recognizing the independence of a peo-
pie who are in revolt against their old
rulers and who are aiming to establish
new nation higher power Is in
volvcd. Congress may leave it to the
discretion of the president If it chooses.
But, on the other hand, If congress
chooses to assert its voice. its author
ity cannot well be disputed. The war
making power rests solely with con-
gress. The president can bring us to
the brink of war. hut congress alone
can declare it. The recognition of the
Independence of struggling insurgents
might plainly and inevitably involve
war, and 1t would be strange contra
vention of reason to claim that the sole
war-making power had no voice in an
act which might directly. entail war.
Mr.. Olney is right in deprecatng hasty
action, but he is wrong in claiming eX-
elusive authority for the president"
The whole case Is covered in few
words by Senator Sherman when he
says: There is no foundation for the
statement that congress may not, If 1t
will, recognize the independence of a
new nation, nor do l think Mr.. Olney
contests it, but he thinks the matter
ought to come from the president. If.
however, congress should pass a reso-
luton and the president should veto 1t.
it can be passed by two-thirds vote
of each house. and would become a law
which the president must respect and
obey" 1t remains to be seen whether
Mr.. Cleveland and Mr.. Olney can run
this whole government against its will.
-
1t is asserted with some show of ac-
curacy that formidable combination