The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-12-23
Presidents Powers.
OLNEY'S CLAIMS SAID TO
BE WELL FOUNDED.

WASHINGTON, Dec. .20.-There is
every reason to believe that Secretary
Olney's declaration that recognition is
exclusively an executive function was
not made until after that cautious and
thorough deliberatiou which character,
lied his conduct of the negotiations
with Lord Salisbury over the Venezoc-
Ian controversy aud the other lmpor
taut official matters which bave called
for his decisions siace be entered Presi-
dent Cleveaod's cabioet as attorney gen.
eral, nearly nearly four years ago. It is
we'll known in the highest official cir
cles. especially in the cabinet. that
questions of presidential prerogatlves
were forced upon him by bis colleagues
among the executives advisers at the
outset Of this administration in coouec-
tiou with the perplex;sies that arose 10
the Hawaiian affair when the executive
was placed iu direct antagonism with
congress The paramount mission Of
Commissioner Biount to Honolulu was
understood to have been undertaken
with the attorney generals full endorse
ment and all the subsequent acts Of the
administration with regard to the mid
ocean republic we're said to have had
his approval if indeed they had not
been inangurated at bis suggestion.
In his official capacity Mr. Cluey
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 through
ont his occupancy of the department. of
justice be vas constantly called upon
to declare the limitations of executive
power under the Constitution.
The sharp demarkasion of congres:
sional and executive functions with
respect to purely international matters
was presented to him as the legal ad-
wiser of the President upon the adop-
ton of the Hoar Turkish resolutions
and at that time it was understood that
such instructions to the President BY
congress whether 10 the form of concur
rent or Joint resolutions, did not require
compliance The President neither
signed Bor disapproved the resolutions,
nor did he transmit them to the Otto
man porte.
The Cuban resolutions we're similat-
ly 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. This deci-
sion vas due. in part at least, to the
dictum that congress could not be ex-
pected to know as much about the sub
jeot as the executive, and was therefore
not in position to judge what ought
TO be done. The Information possessed
by the administration was not of the
nature that could be communicated to
congress compatibly with the public 10
terest, and this recognition of an execu.
tive prerogative 10 foreign matters
which has always received the acqui-
esceuce of congress, is considered a
Fundamental point against congress in
the controversy that Secretary Olcey's
statement Of yesterday has provoked.
There are some very interesting pre-
cedents citab.e in support of Secretary
Oluey's contention, their applicability
being dependent, however. on the cou-
stitutional stipulatious as to the powers
of congress contained in Art. 1. Sec
ton s, aud as to the executive author
ity in Art. 2, Section 3. It is pointed
out by state department officials that
congress has never been confirmed by
the supreme court in its assertion of
any powers not expressly given to it BY
the Consultation. Its only iuteroa-
sional functions relatiog to the present
question are to regulate commerce
with foreign ua,ious.'' ''to define aud
punish piracy and felouies committed
on the high seas aud ofeuses agalos,
the Law of nations" and "to declare
war. grant letters of marque and repri-
sal :"
The President alone. 90 the other
hand, according to the Con s:itutiou, is
empowered to "receive ambassadors
and other public mioisters :" 1t is this
provision which is held to give hiu ex-
elusive jurisdiction 10 the recognition of
other nations
10 the event of recognition Of either
Of the belligereucy or independence Of
Cuba, the first result would be the ap.
pearance of an accredited minister or
other emissary Of that island. The
contention is that, uoder the Cousti-
tuition, the President is the sole Judge
as to whether such emissary shall be re-
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