New-York tribune., 1896-12-23
OLNEY WAS NOT ANSWERED
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cases this point are numerous and entirely con-
90 cannot understand now the President Of the
United States can assert as his right under ms ex-
,,on 10 nulify law that the Supreme Court would
be bound by. and ! think he would find himself IN "A
should ever imagine that it was his duty 10 make
the effort II is not necessary. perhaps: 10 char-
sr,erjze this position OF the Secretary of STATE as
Sa,ne nrAposterous or the result of ovcrconfideDce
IN his Individual opinion. think 1t Is eNtremeN
preposterous.
POWERS OF THE PRESIDENT
The power Of the President in respect to foreign
relations is confined to diplomatic intercourse be-
,ueen this Government and other governments
that are recognized being members of the family
strictly construed. They do not include the power
10 create state by his pse dixt in some foreign
region. or 10 abolish state that may not De asree
able to him. that his refusal TO recognize state
that is now known to the laws OF the United states
as such has no possible effect upon such state or
upon this country. While he can identify person
sent Ambassador OF Minister to this country and
can examine into the regularity OF his credentials
and determine whether he is persona grata or
the Constitution as TO the recognition of the ex-
istence Of foreign Government
countries which the President can only do with the
consent OF the Senate so far as they represent the
" his personal diplomatic agents the President will
find himself totally unable TO create any such per
ate in acting upon such recommendation, would
necessarily affirm deny the existence of the Coy
every case Of an Ambassador Minister or Consul
,sa @ the Senate recognizes the existence OF the Gov
to Which 5IGn h; overmen could
be said to have any legal in'erhauobni dn, rSsn
should send minister to the Republic of Cuba be-
fore the independence OF that republic has been
acknowledged by Congress, the Senate by rejecting
conclusirely that there was no Republic OF Cnna.
,Os 80 roson tsai m OF he Secretary Of State prepose
GUS The President Independently OF some act o,
a,nong the family OF nations OF the territory OF
existing country nov enjoyns lne cs
nize the Cuban Republic independent OF the aS,pn Mon
OF Congress, ne can dispace Mt de Lone as MN nm
is,er from Spain of his rightfu jurisdiction to rep
resent the entire Spanish monarchy at this capital.
suppose that even Nj De LONE Wo1ia % hos doctrne
that the Secretary of State seems TO ADOPT
TALK AMONG CONGRESsMEN.
Senators and members of the House continue
70 discuss the question OF recognizing Cuban
independence and the action of Secretary oi-
ney in giving out to the press Of the country
statement on the course Of the Senate Commit
tee on Foreign Relations in agreeing TO "a
vorable report the Cameron resolution FOL
lowing some opinions expressed to-day:
Senator Chandler, speaking OF MT Oiney
statement. sai6: IL think IL was a most pre-
posterous thing for an Executive TO notny SPAN
that she need not expect any action on the
Cuban matter until March 4 next. regardless
OF what Congress does. i have expressed my,
self quite freely this subject and can add
but little to what have said
senator Hale Of Maine: Il know nothing
about the report that Mr. Olney has notified
Spain Of his intentions regarding the Cuban
matter. | have no idea that Mr.. Oney has done
anything that is not right and proper. as re-
gard him as very careful diplomat have
no doubt he is right in The position ne mas
~ h1f ind IA
treated as an Executive matter, and the state
ments made to the contrary. in my Judgment.
wrong
against the Cameron resolution do not think
IL would be reasonable to expect the ADMINS
tration 10 take action under the circumstances
when Mr.. MCKINLEY is TO come into office
March 4. ] suppose that anything that Is nee
essary TO be done by Congress VIII be done.
no matter who is President"
Senator Frye. of Maine, said: Il have no DOUBT
that majority Of the committee believe that
If the resolution passed by a two-thrds vote
over the veto of the President II would then
compelled to execute. as he is any other law on
the statute books. ! think. too that the ma
jority of the committee are Of the opinion that
the Secretary Of State is wrong in his opinion
that the recognition Of the republic as an in
dependent State rests exclusively with the Ex-
ecutive AS one member Of the committee.
have been inclined to think he is right on this
point and have not fully determined what the
effect would be II the resolution should pass
Notwithstanding that 1t is the duty OF the
United States in some way 10 put stop to the
horrible slaughter and barbarous brutality in an
island almost in sight OF our shores and that
am disposed to give to the insurgents the bene-
At of all doubts"
SOME WHO DO NOT AGREE WITH OLNEY
Representative Mccall OF Massachusetts, said
that he did not agree with Mr.. Olney that resolu-
tions relating TO recognition Of Cuba II passed
by the two houses OF Congress would not be
binding upon the President. On the contrary.
he thought that II such resolutions were passed
and. not being signed by the President. were
passed over his Veto they would become law and
The President would have to obey them. He did
aot however regard II as desirable that Con-
eress should interfere In matters Of this sort He
thought that the diplomatic relations should be
Usually left with the Executive. who might nat
urally he expected to have more information
1por the subject than Congress. and that II was
generally unwise and dangerous Tor Congress to
interfere. but at the same time he did not think
II could be disputed that Congress had para
mount power to direct the President
Mr.. Moody. Of Massachusetts said that though
he believed that Diplomatic matters should be
left 10 the Executive. and that great danger
might arise from Congress meddling in foreign
affairs he was not prepared 10 acquesce In Mr.
Oney's statements 10 the limitations OF the
powers OF Congress. He did not feel that he
could dogmatcally deny statement coming
With such authority. but he was not prepared to
Yield the point as to the ultimate authority OF
Congress to direct the actions Of the Executive
He thought the matter should be Thoroughly In
vestigated by Congress. and that resolution
should be passed declaring where such power
rested. He did not think that there was a possi-
bilitv OF the Cameron resolution or anything
Similar 10 that being passed through both houses
OF Congress Therefore. the failure OF Congress
to take any notice of Mr. Olney's declaration
might seem in the future TO be acquiescence.
His idea WAS that Congress should take some
recognition Of the matter and settle II definitely
Representative Dingey, Of Maine. said Il have
always believed that II was the best policy for
Congress- to leave dpomatic matters to the prop
er department OF the Government. When the