The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-20
OLNEY ON The
RESOLUTION
Secretary Saye 1t Will Amount
to Nothing.
CONGRESS HAS NO POWER
RECOGNITION LIES SOLELY
WITH THE EXECUTIVE.
Resolution Only Important In That
It Might Have Great Weight With
the President, as Advice Volun-
tarily rendered Him Regarding
His Constitutional Functions
A Step In Advance.

His Constitutional Functions
A Step In Advance.
Washington. Dec. 1s.-secretary olney,
neing asked his opinion as to the nature
and effect of the proposed recognizing of
the Independence of the republic of Cuba,
said to United Associated Presses re-
porter:
oLNEY'S STATEMENT.
I have noN objection to stating my
own views respecting the resolution for
independence of the so-called republic of
| CuDa, which ii is reported is to be laid
before the senate on Monday Indeed. as
mere are likely to be serious misappre-
nenslons regarding such a resolution both
J IN TINS country and abroad. and as such
apprehension may have injurious results
! CT grave character, ii is, perhaps nv
DUTY 10 point out that the resolution ii
passed by the senate can probably he re-
garded only as an expression of opinion
! Dy Inc eminent gentlemen who vote for it
| IN the senate, and If passed by the house
Oh representatives can only be regarded
as another expression of opinion by the
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 executive.
A resolution on the subject by the senate
or by the house or by both bodies, or by
one, whether concurrent or joint, IS in
operative as legislation, and is important
only as advice of great weight volun-
| tarily rendered to the executive regarding
his constitutional functions. The opera
| therefore, even if passed by both houses
OF congress by a two-thirds vote, are
| perfectly plain.
WHAT IT MAY DO.
| 1T may raise expectations in some
quarters which can never be realized.
1t may infiame popular passions, both in
this country and elsewhere; may thus put
in peril the lives and property of Ameri- !
can citizens who are residents and travel
ing abroad. and will certainly obstruct
and perhaps defeat the best efforts of
this government to afford such citizens
due protection. But, except in these
ways, and unless the advice embodied in
The resolution shall lead the executive 10
revise conclusions already and officially
declared the result will be without effect |
and Will leave unaltered the attitude of
this government toward the two contend |
ing parties in Cuba"
This carefully prepared and emphatic !
announcement by Secretary Olney of OPP |
position to the Cuban recognition resolu- |
ton of Senator Cameron is accepted as
the action of President Cleveland. II is I
considered as proba bic that when Captain |
LambertoR and DIR. O'Reilly made their |
special trip to Georgetown, S. c.. yester-
day, and took possession of the wire, they 4
conveyed to Secretary Olney the presi- /
dents approval of his proposed announce
ment.
AN ADVANCE.
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 OIL;
when executive action should be taken in |
the matter of recognition of a new gov
ernmeflt.
SOME PRECEDENTS. 4
Nevertheless. the Drecedents seem to
Cr1S rafr !
President Monroe, in 1916, recognized the
independence of the southern Spanish
American colonies he did so without con-
gressional action, but previously sent cut |
three commissioners in a United States
war vessel ito visit the several colonies.
inquire into the condition of things in re-
spect TO the probability of endurance of
successful hostilities and then report"
These commissioners were not nominat-
ed by the senate, though that body was
IN session when they sailed. but went
On the report thus presented, President
Monroe recognized all the former Span
ISL colonies as Independent states
Mr.. Monroe on this occasion said: LAS
soon as the movement assumes such a
steady and consistent form as to make
the success of the provinces probable, ,
bv the laws of nations. as equal parties
= civil war have been extended to
them
HARLAN's OPINION.
Reviewing this declaration. the supreme
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 a creature of
the mind, something merely subjective z
and ought not to enter into definition i
of what a nation ought to do. Again, :
the success does not depend on steadi-
ness and consistency of form only, but [
on relative strength of the parties. If I
r1Q 70 nho1 Of cTrno
criterion of right in the case, you have
10 weigh other circumstances before be- q
ing able to judge which is most probable ,
or defeat. Would YOU If con-
coded belligerent rights. withdraw the r
whenever success ceases to be @
probable? And still further. such prov :
-nces in revolt are not entitled by the
laws of nations to rights equal parties I
TO a civil war. They have properly no
rights, and the concession of belligerency =
Is not made on their account. but on ac-
count OF considerations of policy on the q
Dart of the nation itself which declares s
them such, or on the grounds of hui Y
manity r
"Precedents are to be drawn chiefly a
from modern times. The revolt of the low :,
countries was hardly an analogous con-
IGNITION. for they were states having their =
spain. except so far as the king of Spain C
was their suZerain. In our revolutionary b
war. precedent was not all on one side. il
Great Britain stoutly declared Paul Jones a
o be pirate, because he was a British =.
subject under commission from revolving !.
colonies. and Denmark agreed to this. II
N the South American revolutions. the p
of belligerent- rights were c
given freely by neutrals. most freely by
he United States, and, as for prociama-
ions, our government went so far as to
ssue one in 1885, FOR the prevention of =
Unlawful interference in the civil war in 7
canada," where no civil or military Or
had been set up. The true
ime for issuing such declaration, if il
S best to issue it at all, is when re-
'olt has its organized government pre- G,
jared by law for war on either clement .
II on both. and when some act involving L
he open intention and the fact of war o.
las been performed by one or both of the Y
'arties- Here are two facts, the one a
oitical the other pertaining to the acts :,
4 a political body. The fact of war is %
ither a declaration of war or something II
implying it, like a proclama ton or n
locake, or, ii may be, actual contect." n
" Fl
NO SURPRISE. h
Secretary Olney's statement was re- b
eived in the house of representatives ST
7ithout any manifestation of surprise A
ew members thought that the secretary's
raised grave constitution
| question, and one of the number Mr.
carson. OF North Carolina. commented II
n its tone of infallibility," which, in his a
was not justified by the first n
rticie of the constitution u
Moody of Ma 81