The record-union., 1896-12-21
OLNEY'S DECLARATION.
hE HAS STUDIED THE PREROGA.
TIVES OF THE PRESIDENT.
The Question Has Been Raised Be-
fore in Other Matters of
Importance.

WASHINGTON, Dec. 20.-There is
every reason to believe that Secretary
OlneyS declaration that recognition
is exclusively an executive function was
not made until after that cautious and
thorough deliberation which character
dzed his conduct of the negotiations
with Lord Salisbury over the Vene-
zuelan controversy and other important
official matters which have called for
his decision since he entered President
Cleveland's Cabinet as Attorney Gen
eral nearly four years ago.
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 advisers at the
outset of this Administration in con-
nection with the perplexities that arose
in the Hawaiian affair, when the E,x-
ecutive was placed in direct antagonism
with Congress. The paramount mission
of Commissioner Blount to Honolulu
was understood to have been under
taken with the Attorney-GeneraIs full
Endorsement and all the subsequent acts
of the Administra ton with regard to
the mid-ocean republic were said to
have had his approval, if indeed they
had not been inaugurated at his sug-
gestion.
In his official capacity Mr.. Olney was
Intimately associated with the Pres
ident in the steps which were taken TO
suppress the great railway riots by the
use of Federal troops and throughout
his occupancy of the Department Of
Justice he was constantly called upon
to declare the limitations of executive
power under the Constitution.
The sharp demarcation Of Congress
sional and executive functions with re-
sIect to purely international matters
was presented to him as the legal ad-
wiser of the President upon the adop
ton 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 con-
current or joint resolutions, did not re-
quire compliance. The President
neither signed nor disapproved the res
olutions, nor did he transmit them to
the Ottoman Porte.
The Cuban resolutions We're similarly
ignored, though at the time of their
adoption it was generally understood
that Secretary Olney had reached the
conclusion that their effect was eXclu-
Sively advisory, however mandatory
their language might be. 1t is pointed
out by the State Department officials
that Congress has never been con-
firmed by the Supreme Court in its as
sumption of any powers not expressly
given it by the Constitution.
In the event of the recognition of
either the belligerency or independence
of Cuba the first result, it is held. would,
be the appearance of an accredited Min
ster or enlissary of that island.
The contention is that, under the Con-
stitution, 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 accred-
tied Minister, Mr. Redugney, has been
in Washington fortnight. He has not
been received by the President, nor has
the American charge at Managua, Mic
aragua, been authorized to formally
recognize the new arrangement.
The President also took his own time
in recognizing the Provisional Govern
ment of Hawaii, and also the Dole Gov
ton of a foreign government has taken
place without any thought of the possi-
bic approval or disapproval of Con-
gress, notably when President Harri
son acted on the termination of the
Chilean revolution. The same was also
the case upon the establishment of the
present Republic of France and the Re
public of Brazil. Another recent case
OF the exercise of the Presidents au-
thority in receiving and dealing with
foreign Ministers occurred in the dis
rnissal of Sir Sackville West, the Brit
ish Minister. While this caused no dis
ruption of our relations with England,
it is held that it showed the President s
power to act altogether without consult
ing Congress, and it was an instance
of an executive 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 action to
bring about a war, which, If declared
by an opponent, would create a condi-
ton he would be compelled to meet un-
til Congress could assemble and act,