Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-12-23
SWANSON ON OLNEY.
FOREIGN NATIONS RESIDES.
AUTHORITIES AGAINST SECRETARY.
In the Matter Of Ambassadors,
Is Not Concurrence of the senate
Necessary to Credentials of Those
We Send Abr0ads

virginia. has given great attention to the
Cuban affair In Congress. and he has
consulted authorities on the position
taken by Secretary Olney in regard to
the Cameron resolution recognizing the
independence of the Republic of Cuba.
When asked his opinion to-day by the
Dispatch correspondent, Mr. Swanson
said:
Il cannot concur with the position OF
Secretary Olney, that tho right 70 recog-
nize the belligerency or independence of
a foreign nation belongs exclusively TO
the President. as one Of his constitG-
tional rights. The claim is based upon
that provision OF the Federal Constitu
ton, which imposes upon the President
the duty to receive ambassadors. 1t is
argued that the reception or rejection OF
an ambassador necessarily implies the
recognition OF the independence OF ma
ton.
"Chief-Justice Marshall decided. IN
United States We. Palmer. that the belli-
gerency OF independence Of foreign
nation was a question to be determined
10y the political. executive. or lawmsking
departments OF the governments. and not
by the courts; that the courts would fol-
low the other departments absolutely In
this matter. This decision has been fol-
lowed by others. II has also been decided
in the prize cases. that the President.
as commander-in-chef of the army and
navy. had a right independently OF Con-
gress, 10 grant belligerent rights to those
engaged In the late civil war. There can
be no question from the authorities that
the President has the power and right
TO recognize the belligerency and indie
pendence Of foreign nations. without the
concurrence OF Congress; but II becomes
a different question when the President
arrogates an exclusive right to do SO.
There seem TO be three ways by which
these rights can be accorded 10 foreign
nations-frst. by the Presidents acting
alone; second, by a treaty which would
require the concurrence Of two-thirds Of
the senators present and third, by an
act Of the Congress- passed either with
the consent of the President or by
two thirds majority over his veto"
RAWLE; STORY; THE "FEDERALIsT. 3"
"Rawle. on the Constitution says the
power of Congress on this subject cannot
be controlled.
STORY says the question Is open to dis
cussion whether Congress can acknow-
ledge the sovereignty Of a nation when re-
fused by the Executive.
1T would seem that the sending Of am
bassadors il as much II not more, re-
cognition of independence than tho re-
ceiving Of them. The President can only
appoint ambassadors TO foreign nations
with the consent of the Senate. Thus
this method Of recognition cannot be an
exclusive right on his part.
1.-The 'Federalist discusses the provision
Of the Constitution about the reception OF
amba ssadors in a very limited way. II
saws that that provision is a matter more
of form and of convenience than of I'M
portance. Ii cannot be believed that the
able men who prepared the Constitution
would have considered that a question Of
little Importance. if It gave the Executive
the sole and absolute control OF the re-
cogntion Of foreign nations-this practi-
callv giving the President the power 10
embroil Us in wars, if he should desire
1T would seem that a solemn act Of
Congress. either acknowledging or repu-
dating an acknowledgment Of these
rights when granted by either the Presi-
dent. or the President and Senate through
treaty. would be the paramount law OF
the land. 1t is a dangerous power, which
l do not believe the courts will sustain.
WHAT WE SHOULD DO.
.T think belligerent rights should be at
once granted to the Cubans. This would
make the United States absolutely
neutral. At present she extends her ala
IN Spain. If belligerent rights were
granted TO the Cubans, they Wouid theh
have the same rights 10 purchase sup
niles and munitions Of war that Spain
has here
Supplies and munitions OF war could be
sbinped there by citizens Of the United
States-of course, subject to seizure ana
capture by Spain.
drba present position Of the admlnistra-
,ion 10 one Of material aid TO Spain ]
mink II a shame that this country should
lend itself 10 perpetuate Spanish tyranny.
81 favor at least strict neutrality on
our part" ,,
The Continental Chapter Of the Daugh-
,ers Of the American Revolution met on
Monday night at the Elsmere Hotel one
of the most charming features or the pro-
gramme was the singing OF MrS' Lucy
craen Leach. of Culpeper, Va Mrs.
leach is the daughter Of the late James
" Green. and Mrs. Annie 5. Green. OF
c,lnener. She will spend the winter in
Washington.
Mrs Ada Mcpherson. Of Berkeley, Va,
viii be the guest OF Miss Susie sweet
and Miss Flora Miller. Of this city, during
the HOLIDAYS
Edward c. Martz and Mrs. Corcoran, Of
Harrlsonburg. Va. are at the Metropoh-
tan.
A. II. Sprlnkel. culpeper; Mrs. W. a.
Smith. North Carolina: r.. ID. Redman
and son. Richmond; Mrs. q. y. Sprinkel'
Culneper: j. +. OrndOrff, Richmond; Nj.
1. Meyers, Petersburg; G.. c. Hicks. Nor
folk-St. James.
w y. Smith, Richmond; J. w. Lee
North Caroina-National
l Nv Hopkins. Richmond-The Raleigh.
DIR. Mason. of Charlottesville. is at the
oxford.
n Clarke. ACKNOWLEDGEMENTS.
n A Jones. Lynchburg; Mrs. j. J. Fow-
Ter. Va: c. VI. Bernard. North Carolina
Howard House.
POSTAL.
Charles A. Andrews has been commits
stoned a fourth-ciass postmaster at Neho,
va: and Robert Il. Hubbard at Boiling,
Va.
star-servlce changes have been made as
follows:
Vireinla-Landmark to Halfway: Per-
init the postmaster at Landmark TO de
liver the mail TO the carried forty-iive
minutes in advance of schedule time, pro-
vided no connections are broken thereby
and no complaints are made.
North Carolina-Inland 10 Carthage:
From January /, 1897. change service to
begin al inland Station IN. o. emitting
Inland (discontinued), without change In
distance.
Naval Orders of Interest.
WASHINGTON. December 22.-Lieu-
tenant J. f. Riggs's resignation has been
accepted TO take effect Immediately, In
stead of June Goth, az desired