Omaha daily bee., 1896-12-27
Is CTBtIRE REpTRLTCg

BY far the abCst constitutional lawyer
that has occupied a seat in the United
States senate within the past quarter of
century is George Il. Edmunds Of
Vermont. Senator Edmunds, who was
and is still recognized by his colleagues
aS authority on questions of constitu-
tional and international law has this
to say concerning Cuban Independence:
To recognize as a separate and independent
state anything so mythical as the republic
of Cuba would put this country in very
undesirable position, and one in which no
civilized nation would like to be placed.
Should the resolution pass both houses, it
would result in clothing this political myth
with a reality which it never possessed and
our government would receive the minister
Of the new state and send minister and
consuls to that country and its cities and
towns If they have any. The republic of
Cuba has no stability, no autonomy no or
ganization, no capital. We may pity the con
dition of the people and deplore the atrocities
which are being committed on the island. but
to go to the length proposed is something
which no self-respectng nation could do
Should the president veto the resolution
and 1t be passed over the veto, it would be
declaration Of congress, which, perhaps,
would have the same effect as If the pres-
dent had signed it, If he, as the executive.
should deem it had that lawful effect But
if the president should be of the opinion that
the recognition of a new power was purely
an executive function and refused to carry
out the instructions of congress there would
h. Il 1.,gt
either submit or impeach him for high crime
and misdemoanor in refusing to obey what
congress regarded as a valid law. But |
have no idea the resolution will pass so
that question is hardly likely to arise.
AS to the right Of congress to act in the
matter, it might be held that this privilege
was included in the constitutional provision
which gives congress the sole right to declare
war, as it might be considered one of the
elements leading to such an event
Secretary Olney not only acted properly,
but it was patriotic duty for him to make
the statement he did AS the official oe the
government, intrusted with the management
of our foreign relations, it was his duty
to clearly state the result of such action, and
have no doubt that, if he had taken the
opposite view from that which he did. the
men who are now donouncing him would
have been the first to say he was acting in
a perfectly proper manner. He did the only
proper thing. He would have been neglect
ing his duty had he done differently.
From the jingo standpoint such ut
teIanccS may not be patriotic. George
+. EdmundS may even be accused of
siding with Spain against the United
States, but Mr.. Edmunds' reputation
for loyalty and devotion to his country
will not suffer by reason of his clear,
fOrcible and logical presentation of the
points at issue. TO make IN indcpend-
cnt republic there must first be Il nation
and at least n de fHcto government such
as the American colonies had established
when they proclaimed their indcpend-
cnce from Great Britain. Even the south
ern confederacy had all the machinery of
II de factO government when il asked
recognition from European nations. 1t
is one thing to Sympathi2c with the
oppressed CubanS. 1t is an entirely
different thing for the United States to
provoke Il war by attempting to uphold
Cuban Independence.