New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-12-21
A NOVEL QUESTION.
LAWYERS HERE ON MIR. oLNEY's CON
TENTION.


coMMrrrAL AT PRESENT.
Generally speaking. those members OF the legaI
nro,ess,on IN this city who are best qualified to pass
an opinion upon the Secretary OF states lh'elpieta
ton OF the Constitutional powers possessed by ,he
President in regard to the recognition OF CUBA III
dependence are disinclined 10 comment upon 'he
stand taken by Mr.. Oney. Most of those VINO were
seen Yesterday by Tribune reporter excused lhe'h
seves from any direct statement on the ground that
they had no, studied Mr.. Oneys contention or any
precedents upon which 1t might be based
Frederlc r Coudert gave out the following written
oninion Secretary Olney's written Statement, seems
TO me perfectly clear. Senator Camerohs reso'u-
tion II passed by the Senate and the House VIII ne
merely advisory. 1t involves no responsibilities "'a
ever as it appears TO me- on the part OF the '"eu
States Government. There Is nothing in the resoin-
ton proposed and pending in the Senate to wnich the
Government OF Spain has right to object Inc SEN
ators OF the United States not debarred by ther
high position from expressing an opinion or WISH
on the subject of the Cuban rebellion Even II 'he
resolution we're passed it would pot constitute an
offence against Spain. The Senate would Simply
mace Itself on record as entertaining certain oplh-
Ion on matters which concern friendly Power Ihls
opinion may be distaseful 10 that Power. pu' there
is nothing in the law Of nations which would justify
the nation interested in resorting to hostile measures
TO show it's disapproval Of these proceedings.
Spain may retaliate in kind by having resoi"-
fions passed in her own Legislature denouncing
the conduct OF our press and Senate. ana may
even place herself ON record as of the OPINION 'h"'
republican government is failure. ana seha'es
generally a mischievo,is and useless bit or ma
chnery This would be a retort OF character 10
which we could make objection Tho Executive
and It's authority cannot be resolved away IN any
such fashion. True. the Congress may declare
war II II should deem so grave a step necessary
for the Natona! honor. but the distance between
such a declaration and the resolution proposeu IS
too manifest 10 require notice BESIDES Whatever
may be the shortcomings Of Spain In dealing win
her rebellious children. she has not VET ihsui'eu
outraged or injured Until she does some OF
these things we shall probably not find 1t neces-
sary to rush into war War is an expensive lux
ury and it is not absolutely certain tfat we can
afford 10 indulge In it, even with a Mchine!
protective Administration TO AL the National cor
fers to overhowing."
Iosenb II. Cboate said: "I am not prepared yet
to say anything this matter. The point that
Secretary Oney puts forward Is ono OF sIe,'
nicely and interest. But ! have not examined H.
and for that reason you must excuse me II oe-
cline to discuss it."
Elihu Root was equally retioent THE who'e
question. so far as can see' he said rs one OF
Precedent, and until one has carefully delved into
those precedents It is impossible that one can s"s
AT W HRn0h 'f Horn Il said 4 do not Ike
this juncture to give any decided OPINION on v
Of the case but 1t Rss IS hc sole s' judge
with regard to dealings with foreign governments
/ think that the presidents have all been IN lhIs
direction. / do not recall any instance OF ConsIess
passing any resolution recognizing tne ihue!en,u
ence OF any foreign nation or territory Al Ine
same time. such resolutions may have been paSs'u.
hut as | have stated ] do not recall one III ~
true that the recognition OF independence does nor
really mean very much unless We are prepared 70
follow II up by armed Intervention. and that OF
course would require the action or Congress. 'o"-
gress is the only power that can declare war.
.The recognition OF the belgerency or inue
pendence OF Cuba would still leave US pounu 10
carry out our duty neutral nation ana wouh
still leave our merchant vessels subject 10 search
BY the Spanish Government and by spanish YES
sells for contra bands OF war; would sun IMPOSE
upon us onerous obligations. and would moreover
relieve Spain from any liability TO us Tor infther
injury to our citizens In Cuba. In other words the
recognition OF the independence OF Cuba Is mere
unless as | have said before. We are prepared 10
follow up our Intervention by force
Wheeler II. Peckham said: This IL question:
that does not arise every day in the week, ana IN
wolves a momentous principle that we arc not IRE,
ouently called upon to consider. Therefore; Wonu
prefer saying nothing regarding II untl. nave
given the matter my deepest thought But IN
Superficial sense ! inclined TO think that secre-
tary Olney IL in the right. Let me say however
that that or;nion may turn out 10 be iounden on
prejudice inasmuch as I am likely 10 regard the
action of the Senate Committee as ii-)udSed ana
intoerant." - 49,, -. A., ,.o,,,,
Professor William A. Keener. dean OF the Column
bia University School OF Law, refused 70 give any
oDnion on the ground that he had as yet gwen
no attention to the question