Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-12-21
CUBAN SITUATION.
Opinion at Washington on
Secretary 0Iney's Course.
Says His Declaration Was Not Made
Till After Thorough OeIiberation.
Other Matters Relating to Great Conflict New
in Progress At Cuba.

Washington, Dec. 20.-There is every
reason to believe that Secretary o.
ney's declaration that the recOgnitioniS
exclusively an executive function was
not made until after that cautious and
thorough deliberation which charac-
teriZed his conduct of the negotiations
with Lord Salisbury over the Venez-
uelan controversy and the other i'm
portant official matters which have
called for his decisions since he
entered Clevelands cabinet as attor-
ney general, nearly four years ago. 1t
is well known in the highest official
circles especially in the cabinet. that
the questions of the Presidents pre-
negatives were forced upon him by his
colleagues among the executives adj
yisers at the outset of this administra-
ton in connection with the perplex-
tiles that arose in the Hawaiian affair.
when the executive was placed in di-
rect antagnoism with Congress. The
paramount mission of Commissioner
BlOunt to Honolulu was understood to
have been undertaken with the attOr-
ney generals full endorsement and all
the subsequent acts OF the adminiStra-
ton with regard to the mid-ocean re-
publics were said to have had his APP
prevail, if, indeed, they had not been
inaugurated at his suggestion.
In this official capacity Olney was
most intimately associated with the
President in taking to suppress the
great railway riots by the use of fed
eral troops, and throughout his Occu-
pancy of the department of justice he
was constantly called upon to declare
the limitations Of executive power
urder the constitution.
The sharp demarkation of congress
sional and executive functions with
respect to purely International matters.
Is as presented to him as the legal adj
wiser of the President upon the adop-
ton of the Hoar Turkish resolution
and at that time it was understood
that such instructions to the President
by Congress, whether in form Of con-
current or joint resolutions did not re-
quire compliance. The wPyesident
neither signed nor disappr6Ved the
resolutions nor did he transmit them
I" the Ottoman porte. -~ss-
The Cuban resolutions were similar
ly ignored, though at the time Of their
adoption. it is generally understood
that Secretary Olney had reached the
conclusion that their effect was ex-
clusively advisory however man.
datory 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
subject as the executive. and there
fore 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 COM
municated to Congress compatibly
with the public interest, and this rec
ognition of an executive prerogative
in foreign matters which always re-
oeived the acquiescense of Congress is
considered fundamental point
against Congress in the controversy
that Secretary Olney's statement of
yesterday provoked.
Some very interesting presidents
are citable in the support of Secretary
Olney's contention. their applica bility
being dependent. however. on consti-
tutional stipulation as to the powers
OF Congress contained in article l. sec
ton s and to the executive authority
i'll article II. section 8. 1t is pointed
Jul ny tHC otdtS uCPdi tiiCit OlSidlo
that Congress never has been con-
hrmed by the supreme court in this
assertion of any powers not expressly
given to it by the constitution.
Its only international functions related
to the present questions are Ito regulate
commerce with foreign nations Ito de-
fine and punish piracies and felonies
on the high seas and offences
against the law of nations" and Ito de-
clare 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 1t is this
provision which is held to give him ex-
elusive jurisdiction in 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 ennis
sary of that island. The contention is
that under the constitution. the Presi-
dent is the sole judge as to whether such
shall be received. Precisely
this emergency has arisen in the past few
weeks. The greater republic of Central
America has come into existence and its
accredited minister. Roderiguez. has been
in Washington fortnight He has not
been received by the President nor has
the American charge at Managua. Mica
ragua. been authorized to formally recog-
niZe the new arrangement.
The President also took his own time
in recognizing the provisional govern
ment of Hawaii and also the Dole gov
Frequently prompt recobnition
Of a foreign government has taken place
without any thought of the possible ap-
prevail or disapproval of Congress, nota-
bly, when President Harrison acted on the
practical termination of the revolution In
'hile. The same was also the case upon
he establishment of the present repub-
lie of France and the republic of Brazil.
Another recent case of the exercise of
he Presidents authority in receiving and
leaing with foreign ministers occurred
n the dismissal of Sir Sackville- West.
he British minister. While this caused
10 disruption of our relations with Eng
and. it is held that it showed the Presi-
Tents power to act altogether without
Congress. and it was an in
stance of Executive action which might
nave led to war. In this connection ii is
,lsO pointed out that while Congress can
ilone declare war. ii is clearly within the
power of the President. by his own ac-
ion. to bring about war which. II de-
Jared by an opponent, would create a
condition which he would be compelled
o meet until Congress could assemble
md act. especially If hostilities were pro-
1oked on our coast.
NIL G0ne I'D ~ 0E0AYe