The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-12-20
The Secretary ScarJles the Sen
ate With a Statement.
WILL IGNORE RESOLUTION
Two-Thirds Vote Would Not
Compel Recognition.
SPEAKS NOW TO AVOID RUPTURE
Many Members indignant, Among Them
Morgan, Chandler, Pearson, Daniel
--HaIe ard Dingiey Say Recog-
milton 10 the Executives.

milton - the EXECUTIVE %
Washington, Dec. 19.-Secretary Of
State Olney sprung a decided sensation
to-day by giving out a statement in which
he declares that, even if passed, the Sen
ate's resolution to recognize the inde-
pendence of Cuba, would be imperative
on the executive.
The secretary's declaration is, IN effect,
a notification to Congress that the execu-
tive will not be influenced by the acton
of that body in its policy towards the
Cuban affair. 1t also rises to the belief
that so far as the present executive is
concerned there is no hope of the recogni-
ton of the independence of the insurgents
during the~term ofthe present adminlstra-
ton. 1t also constitutes direct and
formidable issue between the executive
and the legislative branches of the gov
ernment.
In the course of his statement the sec
retary says:
II have no objection to stating my own
view of the resolution respecting the
independence of the so-called Republic
of Cuba, which it is reported, is to be
laid before the Senate on Monday. In
deed, as there will likely to be serious
misapprehensions regarding such resolu-
ton, both in this country and abroad,
and as such apprehension may have in
furious results of a grave character, 1t
!. is perhaps my duty to point out that
the resolution, il passed by the Senate,
can probably be regarded only as an ex
preston of opinion by the eminent gentle
men who vote for it in the Senate, and il
passed by the House of Representatives,
can only be regarded as another express
sion of opinion by the eminent gentlement
who vote for it inethe House. The power
to recognize the so-called Republic of
Cuba as an independent State rests ex-
clusiyely with the executive. A resolu-
ton on the subject, by the Senate or by
the House, by both bodies, or by one,
whether concurrent or joint is inopera-
tive as legislation, and is important only
as advice of great weight, voluntarily
rendered 10 the executive regarding the
manner in which he shall exercise his con-
stitutional functions The operation and
effect OF the proposed resolution, there
fore, even if passed by both houses of
Congress by two-thirds vote, are per-
fectly plain. 1t may raise expectations in
some quarters which can never be real
lzed 1t may infiame popular passion,
both IN this country and elsewhere, may
thus put in peril the lives and property of
American citizens who are resident and
travelling abroad, and will certainly OBJ
struct and perhaps defeat the best efforrs
OF this government to afford such citizens
due protection. But except in these ways
and unless the advice embodied in the
resolution shall lead the executive to re-
wise conclusions, already reached and Of
hIally declared, the resolution will be
without effect and will leave unaltered
the attitude of this government towards
the two contending parties in Cuba"
The impression here is that Secretary
Olney's statement pointing to the lack of
legal effect of the passage of the Cameron
joint resolution was called forth by de-
sire 10 minimize the danger of an out
break in Spain on the part Of the excita-
bic populace, which is, perhaps, more i'm
minent than is generally realized in this
country. Nothing less than some such
emergency, it is argued, would induce the
Secretary to depart so widely from his
usual practice of refusing to comment
publicly on foreign relations, particularly
during the absence from Washington of
the President. OF course, the latter is
committed by the declaration of the first.
officer Of the cabinet to the view that
Congress has no constitutional authority
to recognize the independence of Cuba,
for to abate anything of this assertion of
power on his part, would be construed
as reputation of the action of the Sec
retary, and would probably cause dis
ruption of the Cabinet.
OF course Secretary Olneys statement
indicates clearly that if the join resolu-
ton ever passes both branches of Con-
gress, and is sent to the President, the
latter will veto it, not only on the ground
OF impolicy, but also because it consti-
tutes an infringement on his own prerog-
atives. Moreover, the Secretary in his
interview, goes beyond this, and in al
most as many words, says that no aften-
ton will be paid to the will Of Congress
in this matter, even il the resolution is
passed over the veto Of the President.
In this case a grave conflict Of powers
of two branches OF the Government might
be expected to follow, though just how
the issue can be made up SO that it can
reach the Supreme Court, the arbiter of
all questions or constitutionality, is not
clear at present. 1t is suggested, how
ever, that If the issue goes to that length,
Congress may achieve its purpose indi-
rectiy by the exercise OF q power certainly
confined to it exclusively by the constitu-
tion-namely, by declaration OF war
The pointed way in which Secretary
Oiney exressed himself and the half sar-
castle tone of his language rather took
the breath from many of the Senators
and Representatives and gave rise to end
less discussion.
Senator Chandler said that the state
ment by Secretary Olney was extraordi- |
nnSE "Refore a resolution is reported
from the committee" he said, before it
is possessed by the Senate before it is