The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-12-21
DAILY, SO A TEAR, 4
s CEN rs A COPY.
WEEKLY 2-TIMES-A-WEEK 81 A YEAR
CONGRESS- POWER AS TO CUBA
oLNEY PROBABLY RIGHT IN THE
POSITION HE HAS TAKEN.

on the Case-Precedent All on the
Side OF. the Presidential Numbr of
Instances Cited.
Washington. Dec. 2o.--There Is every rea-
son to believe that Secretary Olney's dec
laration that recognition is exclusively an
executive function was not made until
after that cautious and thorough delib-
Grafton which has characterized his con-
duct of the negotiations with Lord Salis-
bury 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 General, nearly four years
ago. 1t is well known in the highest Of
fetal circles, especially In the cabinet. that
questions of presidential prerogatives were
forced upon him by his colleagues among
the executives advisers at the outset OF
this administration IN connection with the
perplexities that arose in the Hawaiian
affair. when the executive was placed in
direct antagonism with congress. The
paramount mission of Commissioners
Blount 10 Honolulu was understood to
have been undertaken with the Attorney
Generals full Endorsement and all the
subsequent acts OF the administration with
regard to the mid-ocean republic vera
said to have had his approval. IL. indeed.
they had not been inaugurated at mis- sug-
gestion.
In his official capacity. Mr.. Olney was
most intimately associated with the Pres
ident in the steps which were taken to
suppress the great railway riots by the
use of federal troops, and throughout his
| occupancy of the department of justice
he was constantly called upon to declare
the limitations of executive power under
the constitution.
The sharp demarkation of congressional
and executive functions, with respect to
purely international matters, was present-
ed to him as the legal adviser Of the Pres
ident upon the adoption of the Hoar
Turkish resolutions. and at that time 1t
was understood that such instructions to
the President by congress, whether in the
form of concurrent or joint resolutions.
| did not require compliance. The President
neither signed nor disapproved the reso-
| lutions, nor did he transmit them to the
Ottoman porte.
The Cuban resolutions were similarly
ignored though at the time Of their adop-
tlon It was generally understood that Sec
retary olney had reached the conclusion
that their effect was exclusively advis-
ory, however mandatory 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 was,
| therefore, not in a position TO Judge what
| ought to be done. The information pos
| sessed by the administration was not OF
| the nature that could be communicated
TO congress compatibly with the public In
terest, and this recognition of an execu-
| tive prerogative In foreign matters which
| has always received the acquiescence of
| congress, Is considered a fundamental
| point against congress in the controversy
| that Secretary Olney's statement OF yes-
terday has provoked.
There are some very interesting prece-
! dents citable In support of Secretary
| Olney's contention, their applicability be-
| ing dependent, however, on the congress
sional stipulations as to the powers of
| congress contained in act l, section 8, and
| as to the executive authority In act q sec
| ton 3. II Is pointed out by state de-
| partment officials that congress has never
/ been confirmed by the supreme court in
| its assertion of any powers not expressly
| given to it by the constitution. Its only
| international functions related to the pres
ent question are ito regulate commerce.
| with foreign nations" ito define and nun
| ish piracies and felonies cofnmitted ON
the high seas and offenses against the
| law OF nations" and ''to declare war
| grant letters of marque and reprisaI"
The President alone on the other hand.
according TO the constitution, is empow-
| cred to receive ambassadors and other
| public ministers. II is this provision
which is held TO give him exclusive juris-
diction in the recognition Of other ma
tions.
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 President
Is the sole judge as to whether such ennis
sary 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. MIR. Rodugney. mas
! been In Washington a fortnight. He has
not been received by the President nor
| has the American charge at Managua.
Nicaragua, been authorized to formally
recognize the new arrangement. The
| President also took his own time in recog
nzing the provisional government Of TIa-
wall, and also the Dole government
Frequently prompt recognition of a for
eign government has taken place without
| any thought OF the possible approval or
disapprovai of congress- notably when
President Harrison acted on the practical
| termination Of the Chilian revolution The
| same was also the case upon the establish
ment OF the present republic OF France and
the republic of Brazil. Another recent case
| Of the exercise OF the Presidents author
ity in receiving and dealing with foreign
ministers occurred In the dismissal Of Lord
Sackville-West, the British minister While
this caused no disruption Of our relations
with England. IL Is held that II showed the
| Presidents power to act altogether with
out consulting congress, and 1t was an in
stance of an executive action which might
have led 20 war In this connection II IL
also pointed out that while congress can
alone declare war; It is clearly within the
power Of the President by his own action
TO bring about war which, II declared
by an opponent. would create a condition
he would be compelled TO meet until con-
| gresa could assemble and act, especially if
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