The record-union., 1896-12-20
In Case It Should be Passed in Both
the Senate and House.
Secretary of State Olney Points Out
the Dangers From the Proposed
Action at This Time, and lntimates
That the Chief Executive Will Pay
No Heed to the Advice.

WASHINGTON, Dec. 19.-The Cam
eron Cuban resolution, if pressed TO
final passage in both houses, Will con-
stitute a direct and formida bic issue
between the executive and the leglsla-
tive branches of the Government. IhlS
Is clearly indicated by the following
interview given out by Secretary Olney
to-day:
Secretary Olney being asked his opin-
ion as to the nature and effect OF the
proposed resolution recognizing the in
dependence of the republic of Cuba,
said:
Il have no objection to stating my
own view of the resolution respecting
the independence of the so-called re-
public of Cuba, which, it is said, Will be
laid before the Senate on Monday. AS
there are likely to be serious misappre-
tensions regarding such resolution,
both in this country and abroad, and as
such apprehensions may have injurl-
Gus results of grave character, 1t is
perhaps my duty 10 point out that the
resolution, if passed by the Senate, can
be regarded only as an expression or
opinion by eminent gentlemen who vote
for it in the House.
The power to recognize the so-called
republic of Cuba as an independent
State rests exclusively with the Execu-
tive. A resolution on that subject by
the Senate or by the House, or by both
bodies, whether concurrent or joint,
unless approved by the Executive, re-
mains imperative and is important
only as advice of great weight volun
tarly rendered to the Executive regard
ing the manner in which he shall ex
ercise his constitutional functions.
The operation and effect of the pro-
posed resolution, therefore, even if
passed by both houses of Congress by
n two-thirds vote, are perfectly plain.
1t may raise expectations in some quar-
ters which can never be realized. 1t
may inflame the popular passions both
of this country and elsewhere, and
may thus put in peril the lives and
property of American citizens who are
resident and travelling abroad, and it
will certainly obstruct and perhaps de-
feat the best efforts of this Govern
ment to afford such citizens due protec-
ton.
But except in these ways and unless
the advice embodied in the resolution
clusions already reached and officially
declared, the resolution will be without
effect and will leave unaltered the at
1tude of this Government toward the
two contending parties in Cuba"
This carefully prepared and emphatic
announcement by Secretary Olney of
opposition to the Cuban recognition res
olution of Senator Cameron is accepted
as the action of President Cleveland.
Ii is considered as proba ble that when
Captain Lamberton and DIR. O'Reilly
made their special trip to Georgetown.
s. c.. yesterday and took possession Of
the wire they conveyed to Secretary
Olney the Presidents approval of his
proposed announcement. 1t is regarded
by many Senators as a step in advance
in American diplomatic history for the
President thus to assert that he and
not Congress is the judge OF what F.x-
ecutive action should be taken in the
matter of recognition Of a new Gov
ernment.
Nevertheless, the precedents seem TO
sustain Secretary Olney's position.
When President Monroe in 1916 recog-
nized the independence of the Southern
Spanish American colonies. he did so
without Congressional action, put pre-
yiously sent out three Commissioners in
a United States war vessel ito visit the
several colonies, inquire into the condi-
ton OF things In respect to the probable
ity of endurance of successful hostilities
and then report" These Commissioners
were not nominated by the Senate
though that body was in session when
they sailed, but went exclusively on the
Presidents nomination. On the report
thus presented President Monroe recog-
nized all these former Spanish colonies
as independent States.
Mr.. Monroe on this occasion said: "As
soon as the movement assumes such a
steady and consistent form as TO make
the success OF the provinces probable
the right to which they We're entitled
by the laws OF nations. as equal parties
to civil war, have been extended to
them
Reviewing this declaration the Su-
preme Court of the United States said
In the case of Ford VS.. Suget, in an
opinion rendered by Justice Harlan:
But this rule breaks down in several
places The probability is creature Of
the mind. something merely subjective,
and ought not to enter into definition
OF what a nation ought to do. Again
the success does not depend upon steadi-
ness and consistency of form only, but
on relative strength of parties. If you
make probability OF success. the cri-
terion of right in the case. you have 10
weigh other circumstances before being
able to Judge which is most probable,
success or defeat Would you. If you
conceded beliigerent rights, withdraw
the concession whenever success ceased
to be probable? And still further. such
provinces in revolt are not entitled by
the law Of nations to rights as equal
parties of civil war. They have properly
no rights, and the concession of bellig-
erency is not made on their account
but on account OF considerations of
policy on the part of the State itself
which declares them such or on grounds
OF humanity.
'sPrecedents are to be drawn chiefly
from modern times The revolt of the
Low Countries was hardly an analogous