New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-12-21
PRICE THREE CENTS.
NO SNAP JUDGMENT LIKELY.
A LONG DEBATE OVER THE CUBAN RESo-
LUTIONs IN PROSPECT
SECRETARY oLNEY's STATEMENT MADE oNLy
AFTER THOROUGH OBSERVATION-DISCLOSURES
PRECEDENTs cITED-sEcRETARY
SEWARD'S OPINION

PRECEDENTs CITED-sEcRETARY
sEwARDs OPINION.
Washington. Dec 2O--The Cuban question
and Secretary Olney's statement OF the Execu-
tive's position may precipitate a debate in the
Senate tomorrow that will set aside the regu-
lar business assigned for the two days that
body will still be in ses sion before the holiday
recess 1t is not improbable that some OF the
more radical Cuban sympathizers will start the
discussion with the presentation Of Senator
Cameron's report shortly after the morning
hour. Conservative Senators who have studied
the prccedents are inclined TO the opinion that
the talk about a serious difficulty between the
President and Congress has sound founda-
ton. Cool heads will counsel moderation.
There is not the remotest probability OF Mr..
rameron's resolutions recognizing the independ-
ence Of the Republic Of Cuba" being acted upon
in the Senate before the holiday recess. When
the debate does begin. 1t Is evident that Sena-
tors Morgan. Davis. Chandler. Lodge. Cullom
and Mills will take up position adverse to that
of the Secretary OF State. and the discussion
may be prolonged till after March 1. 1t was
agreed in the Committee on Foreign Relations
that the report on the Cameron resolutions
should be made tomorrow and that the matter
should not be called up until after the holidays.
1HiS agreement VIII DE Carried OUT
OLNEY AS CHIEF ADVISER
There is every reason to believe that Secrs.
tary Olney's declaration that recognition is ex-
clusivey Executive function not made
until after that cautious and thorough delibera-
tion which characterized his conduct Of the
negotiations with Lord Salisbury over the Ven
ezuelan controversy and the other important
official matters which have called for his de-
cictnn Gin ho md
Cabinet Attorney-General. nearly four years
ago 1t Is we'll 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 the Administration In
connection with the perpexites that arose In
the Hawaiian affair when the Executive was
placed in direct antagonism with Congress. The
paramount mission Of Commissioner Bount to
Honolulu was understood to have been under
taken with the Attorney Generals full indorse-
ment and all the subsequent acts of the Admins
tration with regard to the midocean republic
said to have had his approval, II. indeed
they had not been naugurated at his sugges-
ton.
In his official capacity Mr. 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 Department OF
Justice he was constantly called upon to de-
clare the limitations OF Executive power under
the Constitution.
The sharp demarcation OF Congressional ana
Executive functions with respect to purely In
ternational matters was presented to him al
the legal adviser OF tho President upon the
adoption of the Hoar Turkish resolution. and
at that time II was understood that such In
structons to the Presidcpt by Congress. whether
in the form OF concurrent or joint resolutions
did require compliance. The PRESIDENT
neither signed disapproved the resolutions
nor did he transmit them to the ottoman Porte
The Cuban resolutions were similarly ignored
though at the time Of their adoption II was
generally understood that Secretary Oney had
reached the conclusion that their effect was
exclusively advisory. however mandatory their
language might be- This decision was due, In
part at least. to the dictum that Congress could
not be expected TO know as much about the SUBJ
iect as the Executive and was therefore not In
a position to Judge what ought to be done. The
information possessed by the Administration
was not of the nature that could be commun-
Gated TO Congress compatibly with the public
interest and this reco ynition of Executive
prerogatiye in foreign matters, which has al
ways received the acquiescence of Congress Is
considered a fundamental point against Con-
gress in the controversy that Secretary Olney's
statement Of yesterday has provoked.
CONSTITUTIONAL AUTHORITY.
There are some very interesting precedents
citable in support OF Secretary Olney's conten-
ton. their applicability being dependent, how
ever on the constitutional stipulations as to the
powers Of Congress contained in Article l. Sec
ton s. and as TO the Executive authority In
Article >. Section 3. 1t is pointed out by State
Department officials that Congress has never
been confirmed by the Supreme Court in its as
sertion Of any powers not expressly given to It
by the Constitution. Its only international func-
tions related to the question are ito regulate
commerce with foreign nations" ito define and
punish piracies and felonies committed the
high seas and offences against the law OF ma
tions" and ito declare war, grant letters Of
marque and reprisal"
The President alone. on the other hand.
cordng to the Constitution, is empowered to
receive Ambassadors and other public Min
isters." 1t is this provision which is held to
give him exclusive jurisdiction in the recogni-
ton of other nations. In the event Of the recog-
milton OF either the belligerency or ndepend-
ence OF Cuba. the first result would be the ap-
pearance OF an accredited Minister or other ennis
sary OF that island. The contention is that
under the Constitution, the President Is the
sole Judge as to whether such emissary shall be
received.
Precisely tY,s emergency has arisen in the
last few weeks. The Greater Republic of Gem
tra America has come into existence. and its
accredited Ministe.. Mr.. Rodriguez, has been
I'm Washington a fortnight. He has not been
received by the President nor has the Ameri-
can Charge at Managua. Nicaragua, been au-
thorized recognize the new arrangement.
The President also took his own time in recog-
nizing the Provisional Government of Hawaii
and also the Dole Government.
SOME PRECEDENTS CITED
Frequently prompt recognition Of a foreign
Government has taken place without any
thought OF the possible approval or disapproval
OF Congress. notably when President Harrison