The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-12-21
PRESIDENTS POWER
IN CASE OF WAR
Could Seriously Hamper Congress Ii So
Disposed.
OLNEY'S SUCCESS AS A DIPLOMAT
Various Delicate Questions That
Have Been Brought Before Him
During His Term of Office. Unless
Congress and the President Act in
Concert the Affair With Spain May
Prove Complicated.

Washington. Dec. 20-Therc is every
reason to believe that Secretary olneys
declaration that Cuban recognition is
exclusively an executive function was
not made until after that cautious and
thorough dcliberation which character
izes his conduct of the negotiations with
Lord Salisbury over the Venezuelan
controversy and the other important
official matters which have called for
his decisions since he entered President
Cleveland's cabinet as attorney-gen-
eral, nearly four years ago.
1t is well known in the highest Of
fetal circles, especially in the cabinet,
that questions of presidential preroSa-
tives We're forced upon him by his CO.
leagues among the executive advisers
at the outset of this administration in
connection with the perpleXities that
arose in the Hawaiin affair when the
executive was placed in direct antagon-
ism with congress. The paramount
mission of Commissioner BlOunt to
Honolulu was understood to have been
undertaken with the attorney general $
full endorsement and all the subse-
quent acts of the administration with
regard to the Mid Ocean reports were
said to have had his approval, if indeed.
they had not been inaugurated at his
suggestion. In his official capacity Mr..
with the president in the steps which
We're taken to suppress the great rail-
way riots by the use of federal troops
and throughout his occupancy of the
department of justice. he was constant
ly called upon to declare the limitations
of executive power under the conSiitu-
tiOn.
The sharp demarkatiOn of congress
siOnal and executive functions with re-
,,,t. tt.anS
was presented to him as the legal ad-
wiser of the president upon the adoption
of the Hoar Turkish resolution and at
that time it was understood that such
instructions to the president by con-
gresS whether in the form of concur
rent or joint resolutions did not require
compliance. The president neither sign
ed nor disaporoved the resolutions nor
did transmit them to the Ottoman
Porte. The Cuban resolutions We're
similarly ignored, though at the time
Of their adoption it was generally un-
derstood that Secretary Olney 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 which congress could not
be eX.ected to know as much about
the subject as the executive and was
therefore not in a position to judge
what ought to be done. The informa-
ton possessed by the administration
rs not of the nature that could be
C. Gunicated to congress compatibly
with the public interest, and this
recognition Of an executive prerogative
in the foreign matters which has al
ways received the acquiesence of con-
gress is considered fundamental point
against congress in the controversy
that Secretary Olney's statement of
yesterday has provoked.
INTERESTING PRECEDENTS.
There are some very interesting pre-
cedents citable in support of Secretary
Olney's contention. Their applicable
ity being deDendent. however, on the
constitutional StioulutionS as to the
powers of congress contained in article
l, section S, and as to the executive
authority in article two section three.
1t is pointed out by the state depart
ment officials that congress has never
been confirmed by the supreme court
in Its assertion of any power not eX-
pressly given to it by the constitutions
Its only International functions related
to the present question are ''ro regu-
late commerce with foreign nations. to
define and punish piIacies and felon-
les committed on the high seas and
and to declare war, grant letters Of
maruue and rrprsal."
The president alone, on the other
hand. according to the constitution, is
empowered to "Receive ambassadors
ana other public minister's 1t is this
provision which is held to give him
executive jurisdiction in the recognition
of other nations. In the event Of the
recognition of either bellgerency or
Independence of Cuba. the first result
would be the appearance of an ac-
credited minister or other cmisary of
that island. The contention is that.
under the constitution the president is
the sole Judge asto whether such ennis
airy shall be received
Precisely this emergency has arisen
in the past few weeks. The greater re-
public Of Central America has come
into existence and its accredited minis
ter. Mr.. Rodriguez. has been in Wash
ington fortnight He has not been re-
ceived by the president nor has the
American charge at Managua. Nicara-
qua been authorized to formally recog-
nize the new arrangement.
The president also took his own time
in recognizing the provisional govern
ment of Hawaii also the Dole govern
ment
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 act
ed on the practical termination of the
Chilean revolution. 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 executive of the presidents au-
thority in receiving and dealing with
foreign ministers occurred in the dis
mssal of Sir Sackville West, the Brit
ish minister. While this caused no dis
ruption of our relations with England.
it is held that 1t showed the presidents
power to act altogether without con-
sulting congress and 1t was an instance
of an executive action which might
have led TO war. In this Connection it
is also pointed out hat while congress
can alone declare war. it is clearly
within the power of the president by
his own action to bring about a war,
which, If declared by an opponent.
would Great a condition he would be
compelled to meet until congress could
assemble and act especially if hostili-