New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-12-20

Department exercise Jurisdiction over such ques-
TONS think that the Senate resolution Is ex-
IRENE and irritating in character. and Is likely
to do more harm than good The only way by
which the resolution can help Cuba Is by In
volving this country In
Mr. Dingley Rep.. Me). chairman Of the Com
mittee on WAYS and Means and leader Of the
House-My judgment is that the matter should
be left to the proper diplomatic officers. Ordi-
narily Interference by the legislative branch
only produces mischief
Mr.. Pearson Rep. y. CD am more sur
prised at the Secretarys interview than at the
action OF the Senate committee. 1t will irri-
tate. and not soothe the feeling already deeply
aroused. Its tone of infallibility does not seem
to he justified by the first Article OF the Con-
stitution and the power conferred on Congress.
The power to declare war. to define and punish
offences against the laws of nations. which Is
explicitly conferred upon Congress. includes the
power TO deal with such problems as this. The
President is a part Of the law-makng power TO
the extent clearly defined by the Constitu-
ton.
GRAVE CONSTITUTIONAL QUESTION
Mr.. Moody Rep.. Mass)-I always thought
that the orderly administration Of foreign az
fairs should be left with the President but Mr..
Olney's assertion that Congress has no Con-
stitutiOnal power to recognize the independence
Of State is going beyond any conviction of
my own. 1t raises very grave constitutional
question.
William A. Stone Rep.. Penn)-In matters
exclusively within the jurisdiction OF the Presi-
dent and upon which he has greater OppOrtunl-
ties to obtain information than the House. we
ought to be very careful in acting hastily. The
President will he inaugurated on March
I. and Congress ought not to emharrass him be-
fore he has full opportunity to examine all
the facts relating to the Cuban question.
Mr. Livingston dem. Ga.l-My opinion. mod
estly expressed is that II the President should
refuse to do his duty as expressed by this Con-
gress In passing the Senate resolution over his
veto. 1t would lead TO serious results so far "a
the Executive is concerned. In other words. If
Senate House "a recognize
ing the Independence OF Cuba and the Presi-
dent should veto it. and both bodies should pass
IL over his veto. and he should still decline 10
carry il into effect Congress would SEQ that
some other man put in his place. He would
cert any make himself liable TO impeachment
SOME APPARENT PfECEDENTa
II IS regarded by many Senators a step in
advance in American diplomatic history for the
President thus to assert that he and not Congress
is the Judge when Executive action should be
taken In the matter OF recognition OF q new Gov
eminent.
Some precedents. however. seem 10 sustain
Secretary Olneys position. When President
Monroe In 1915 recognized the independence OF
the Southern Spanish American colonies he did
so without Congressional action but previously
sent out three Commissioners In a United States
vessel Ito visit the several colonies inquire
into the condition OF things in respect to thu
probability OF endurance OF successful hostill-
ties. and then report" These Commissioners
were not nominated to the Senate. though that
body was in session when they sailed but went
exclusively on the Presidents nomination. on
the report thus presented President Monroe
recognized all these former Spanish colonies
Independent States.
Mr. Monroe on this occasion, said: AS soon
the movement assumes such steady and
consistent form 10 make the sue OF the
provinces probable. the rights to which they
wers entitled by the law OF nations equal
parties 10 q civil war have been extended to
them"
THE SUPREME COURTS OPINION
Reviewing this declaration. the Supreme Court
OF the United States said in the case Of Ford
agt. Sujet in an opinion rendered by Justice
Harlan reported In - l.. 50: But this rule
breaks down in several places. The probability
Is a creature OF the mind. something merely
subjective. and ought not 10 enter into A d"nni-
ton OF wha, nation ought 10 do. Again. the
success does not depend on steadness and con-
sistency Of form only. but on relative strength
Of parties II you make probability OF success
the criterion OF right in the Gaze. YOU have 10
weigh other circumstances before being able
70 Judge which Is most probable. success or
defeat Would you. ~ YOU conceded bcilgerent
rights withdraw the concession whenever sue
cess ceased 20 be probable? And. si further,
such provinces In revolt are not entitled by the
law OF nations TO rights az equal parties TO n
civil war They have properly no rights ana
the concession OF belgercncy Is not made on
their account. but on account Of considerations
OF policy on the part OF the State itscf when
declares them such, grounds Of humanity.
"Prccedenis are TO be drawn chiefly from mod
ern times The revolt Of the Low Countries wa3
hardly an analogous case for they were states
having their especial charters. not connected
with Spain except so far az the King OF spain
was their suzerair. In our Revolutionary war
precedent was not all on one side. Great britain
stoutly declared Paul Jones to he a pirate be
cause he was a British subject under commission
from revolving colonies. and Denmark agreed 10
this In the South American revolutions the
concessions OF belligercnt rights were given free
Nv by neutrals most freely by the United states.
The true time for issuing such a declaration. II
II Is best TO issue II at all. Is when revolt has
its organized government prepared by law Tor
war on either element or on both. and when some
act involving the open intention and the fact or
war has been performed by ono or both OF the
partles Here are two facts the on" political.
the other pertaining to the acts OF a political
BODY The fact OF war is either declaration OF
war or some other implying IT. like "A proclaina-
ton Of blockade, or. 1t may be-, actual armed
contest"
TALK WITH CHAIRMAN HIT. ,
EE SEES 40 DECLARATION or WAR IN THE