The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-12-22
EXECUTIVE UsURPATION.

The danger to the Republic is in the
ever growing power of the executive. IL
as Mr. Cleveland holds, he alone and IN
defiance of Congressional action can
recognize the independence OF country
we have no longer government of dlvld-
ed responsibility, but government OF
one man with powers that would make
a Car erYious.
There is broad room for difference or
opinion as to whether at this time 1t Is
wise to recognize the independence of
Cuba. There ought not be any ground
for difference upon the proposition that
this is a government by the people
through their representatives and not
an autocracy.
The brutal assertion by Secretary Olney
that the President has exclusive authorl-
ty to recognize either the belligerency of
the Cuban insurgents or the independence
of Cuba raises a question Of higher mo-
ment than any Cuban problem with which
we are or can be confronted. The pub
lie has become accustomed to the usurpa-
tions Of the executive from the day when
Grant Illegally sent troops into Louis
lana, Florida and South Carolina, but
was above Congress, and that if be chose
to do SO he could override the acts of
Congress. 1t remained for Mr.. Cleye-
land to assert a prerogatiye that Oliver
Cromwell would have exercised only be-
cause he regarded himself as the supreme
ruler, called of God TO overthrow the
rule Of the wicked.
Tie ablest living constitutional lawyer
Hon, Thos. M. Cooley, takes issue
with Mr.. Olney Here is his statemtn
Of the powers Of the President and Con-
aress:
1.-THE power to recognize belhgar-
ency and the lawfulness Of action
in defense of a government, alleged
to be de facto,must deyolve upon the
executive power of the country,
which can recognize no belligerent
government until the fact is clearly
made known to it that there is in ex-
istence government maintaining it
self and enforcing its authority "a
gainst any other.
"But the Presidents power is not
complete and final The sovereign
legislative power must provide for
final intercourse and pass laws 'or
the purpose: laws which the President
n n. H. L. T.. III ,~~%
join in executing. What he does in
recognizing new nation is clearly in
part legislative, and the action TAX
en-, il taken by the President alone,
would be so far defective as to be
impossible Of execution without being
perfect now or in the future
by the sovereign legislative power"
Other eminent men agree with NJ.
Cooley. Senator Sherman says:
"There is no foundation for the
statement that Congress may not, if
it will, recognize the independence
of new nation, nor do / think Mr..
Olney contests it, but he thinks the
matter ought to come from the Presi-
dent.
IF, however, Congress should pass
anu Ilic ItSlucul cuOuiu
veto it, it can be passed by two
thirds vote OF each House and would
become a law which the President
must respect and obey"
Senator John w. Daniel says:
II concur in the opinion expressed
by Judge Cooley"
Senator Davis says.
Il think that Mr.. Olney's posi-
ton is untenable. In my opinion,
Congress has the power By statute or
by joint resolution to recognize the in
dependence of Cuba. Ii he disap-
proves it, and it is passed oyer his
veto, it becomes a law of the land
as effeetually as if he had approved
it, and his duty to execute it is equal
~ imperative in either case.
The President may truly say that he