The daily morning journal and courier., 1896-12-21
THE SPANISH WAR CLOUD
CONGRESS WILL BE RULED BY
 REASON, NOT PASSION.
General Expression That Secretary Olney's Opinion on the Powers of the President is Sound-Spain Will Shortly Reply to President Cleveland's Message on Cuba Forecast of Congressional Action.

Forecast of Congressional Action.
 Washington, Dec. 20.--There is every reason to believe that Secretary Ol- ney's declaration, that recognition is exclusively an executive function, was not made until after that cautious and thorough deliberation which character ized his conduct of the negotiations with Lord Salisbury over the Vene- zuelan controversy and the other inn portant official matters which have call ed for his decisions since he entered President Clevelands S cabinet as attor- ney general, nearly four years ago.
 It is well known in the highest off, ctal circles, especially in the cabinet, that questions of presidential preroga- tives were forced upon him by his col leagues among the executives advisers at the outset of this administration in connection with the perplexities that arose in the Hawaiian affair, when the executive was placed in direct antag onism with congress. The paramount mission of Commission Blount in Hon. clulu was understood to have been un- dertaken with the attorney generals endorsement and all the subsequent acts of the administration with regard to the mfd-ocean republic were said to have had his approval, if indeed they had not been inaugurated at his sug- gestion.
 In his official capacity MT. Olney was most intimately associated with the president in the steps which were taken to suppress the great railway riots by the use of federal troops, and throughout his occupancy of the de- partment of justice he was constantly called upon to declare the limitations of executive power under the constitu- tion.
 The sharp declarations of congress sional and executive function with re- spect to purely international matters were presented to him as the legal ad wiser of the president upon the adop- ton of the Hoar Turkish resolution, and at that time 1t was understood that such instruction to the president by congress, whether in the form of concurrent or joint resolutions did not require compliance. The president neither signed nor disapproved the res- olutfons, nor did he transmit them to the Ottoman porte
 The Cuban resolutions were 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.
 The decision was due in part at least to the dictum that congress could not be expected to know as much about the subject as the executive, and was therefore not in position to judge what ought to be done. The in formation possessed by the administra- tion was not of the nature that could be communicated to congress compat- ibly with the public interest, and this recognition of an executive preroga- tive in foreign matters which has al- ways received the acquiescence of con- gress is considered a fundamental point against congress in the contro- versy that Secretary Olney's statement of yesterday has provoked.
 There are some very interesting pre- cedents citable in support of Secretary Olney's contention, their applicability being dependent, however, on the con- stitutional stipulations as to the pow CTS of congress contained in article 1, section 8, and as to the executive au- itxr in I ic pointed out by state department off, cials that congress has never been con- firmed by the supreme court in it's as- sertion of any power not expressly giv- en to it by the constitution.
 It's only international functions relat- ed to the present question are ITO reg ulate commerce with foreign nations" ito define and punish piracies and felo- nies committed on the high seas, and offences against the law of nations" and ito declare war, grant letters of marque and reprisal."
 The president alone on the other hand, according to the constitution, is empowered to receive ambassadors and other public minister's It is this provision which is held to give him ex- CluSlNe JuTlSulCllUil III llle recognition of other nations.
 In the event of the recognition of either the belligerency or independence of Cuba, the first result would be the appearance of an accredited minister or other emissary of that island. The contention is that, the president is the sole judge as to whether such enissary shall be received. Precisely this emef- gency has arisen in the past few weeks. The greater republic of Central Ameri- can has come into existence and it's accredited minister, MT. Rodriguez. has been in Washington a fortnight. He has not been received by the presi- dent, nor has the American charge at Managua, Nicaragua, been authorized to formally recognize the new arrange ment
 The president also took his own time is recognizing the provisional govern ment of Hawaii, and also the Dole gov ernment. Frequently prompt recogni- tion of a foreign government has taken place without any thought of the possi- ble approval or disapproval of congress, notably when President Harrison acted on the practical termination of the rev. olution in Chilli. 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 authority in receiving