Omaha daily bee., 1896-12-20
NAY IGNORE IT
0lnoy Makes an Important Statement About
the Cuban Resolution.
CANNOT ACT IN THE MATTER
Power to Recognize the so-CniIcd
Republic of Cuba Rests
Alone with the Chief
Executive.

WASHINGTON. Dec. 19.-The Cameron
Cuban resolution, IL pressed TO final passage
in both houses will constitute direct and
| formidable issue between the executive and
legislative branches of the government This
Is clearly indicated by the following
interview given out by Secretary olney to-
day. Secretary Olney. being asked his
opinion as to the nature and effect of the
proposed resolution recognizing the in
dependence of the republic of Cuba said:
II have no objection to stating my own
view of the resolution respecting the in
! dependence Of the so-called republic OF
Cuba which, it is reported, is to be laid be-
| fore the senate on Monday. Indeed, as there
are likely to be serious misapprehensions
regarding such resolutions, both in this
country and abroad, and as such apprehen-
sions may have injurious results of a grave
character, it is perhaps my duty to point out
that the resolution, If passed by the senate,
! can be regarded only as an expression Of
! opinion by the eminent gentlemen who vote
| for 1t in the senate, and, IL passed by the
| house of representatives can only be re-
| garded as another expression OF opinion by
| the eminent gentlemen who vote for 1t in the
| house.
1.-The power to recognize the so-called re-
public of Cuba as an independent state
rests exclusively with the executive. A
| resolution on the subject by the senate or
! the house or by both bodies or by one,
| whether concurrent or joint, is imperative
as legislation and is important only as
advice of great weight voluntarily rendered
to the executive regarding the manner in
which he shall exercise his constitutional
functions.
"The operation and effect OF the proposed
resolution. therefore. even II passed by both
hntt nf Nnnp hNy tyyN- hirlG n rn
perfectly plain. 1t may raise expectations in
some quarters which can never be realized.
1t may influence popular passions both in
this country and elsewhere, may thus put
in peril the lives and property of American
citizens who are residents and travelling
abroad. and will certainly obstruct and per
haps defeat the best efforts of this govern
ment to afford such citizens due protection
But, except in these ways and unless the
advice embodied in the resolution shall lead
the executive to revise conclusions already
reached and officially declared, the resolu-
tion will be without effect and will leave
unaltered the attitude Of this government
toward the two cOntending parties in Cuba"
MEASURE OF PRECAUTION.
The impression here is that Secretary
Olney's statement, pointing the lack of
legal effect of the passage of the Cameron
joint Cuban resolution was called forth by
desire to minimize the danger of an outbreak
III SpulU OH lue part vi lIt CNClldblt pOpu
lace, which is, perhaps, more imminent than
is generally realized in this country Moth
ing less than some such emergency, 1t Is
argued, would induce the secretary to de-
part so widely from his usual practice of re-
fusng to comment publicly on foreign re-
lations, particularly during the absence from
Washington of the president. or course. the
latter is committed by the declaration of
the first officer of his cabinet to the view
that congress has no constitutional autho ~
,fs., ~. fVNln Nf %
to abate anything of this assertion of power
on his part would be construed as repudi-
alton of the action of the secretary, and
probably would cause disruption of the
cabinet.
So far as can be gathered from cursory
scanning of the records there is no exact
precedent for this, for nowhere have the
executive and congress directly differed and
made an issue on the question of recogniz-
ing another nation. 1t has been taCitly ad
mitted heretofore, as Secretary Olney con-
tends, that this is purely an executive func-
tion, but Senator Cameron the author of
the resolution which has given rise to this
issue it is understood, has made a most
careful and exhaustive study of the constitu-
tlonal aspect Of the matter and Is firmly
convinced that congress has power to pro-
ceed along the lines of his resolution to
recognize the new republic. or course Sec
retary Olneys statement indicates clearly
that If the joint resolution ever passes both
branches OF congress and is sent to the presi-
dent, the latter will veto II, not only on the
ground Of imPolicy, but also because 1t con- |
stitutes an infringement of his own pre-
negatives. Moreover. the secretary in his
interview goes beyond this point and in al |
most as many words says that no attention |
will be paid to the will of congress in this |
matter, even If the resolution is passed over |
the presidents veto. In this case a grave |
conflict OF powers of two branches of the |
government might be expected to follow |
Just how the issue may be made up so that
it can be reached by the supreme court, the |
arbitcr OF all questions OF constitutonality, |
is not clear at present. 1t is suggested, |
however, If the issue goes to that length |
may achieve its purpose indirectly |
by the exercise of power certainly con
hded to II exclusively by the constitution. |
namely, by a declaration of war, which is
after all, in the judgment of many,
only what the recognition of the independ-
ence of Cuba under existing conditions would
mean.
SENATORS DISCUSS IT.
Among the few senators at the capt.
tai today the action of the commit
tee on foreign relations yesterday in
adopting the Cameron resolution was
the principal topic of conversation.
Speculation naturally turned to the probable
course of the measure in the senate There
is an agreement among the members of the
not to attempt to press the reso-
luton to consideration during the two days
before adjournment for the holidays, but 1t
is tnelf purpose TO get IL up as soon as
practicable after the reconvening of con-
gress and to urge II to final consideration
as soon possible. The advocates of the
resolution express their willingness to
forego speechmaking in order to facilitate
action by the senate and say that SO far eS
they have any influence the opponents OF
the resolution will be allowed to do the
talking
The enemies of the resolution have no in
entiOn OF allowing the resolution to go
through by default Indeed, they do not
hesitate to express their purpose to prevent
is passage by any means at their control.
They profess to believe now that they will
De able to defeat the measure a direct
'ote. but finding they are not likely to
succeed in that way, they will demand ample
line Tor debate, which means, with only two
months OF the session left and the appropria-
ion bills stlll to consider, that enough time
viii be consumed to entirely prevent reach
ng vote. Numbers" said Senator Frye.
/ friend OF the resolution In discussing the
ARE not necessary to make {
iebate formidable in the senate. Without
,loture any measure may of course be made
he subject OF interminable talk"
Senator Hale OF Maine will lead the OPP
position in case Senator Allison Is unable
o resume his seat after the holidays Mr.. :
iale VIII be acting chairman of the COM
nittee on appropriations. and this position I
AN be used by him 10 great advantage in Z
uATNFF hnl lHtNl,. 4.