The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-12-23
STANDS BY GROVER
WILLIAM HENRY HARRISON MILLER
PRONOUNCES.

Distinguished Ex-Attorney General OF the
Emitted States Cites the Opinion of nc
Less Eminent an Authority Than Judge
Story in Support OF the Administration
Contention That the Function of Recos
milton is an Executive and Not q Legis-
lative HabiIiment- Woolsey's
Opinion-News of Cuba.
INDIANAPOLIS, Ind, Dec. 22.-The Jour-
mai today prints a letter signed by w.
II. H. Miller, ex-attorney general OF the
United States, on the Cuban question.
1t was as follows:
''As the issue made by the secretary of
atate. as to whether the recognition of
the insurgent government in Cuba is q
legislative or executive function, is now
OF public interest, the following express
sions by the court may be worthy Of at
sen,ion.
''In the case of Williams VS.. the Suf-
folk Insurance company g Sumner 272)
the right Of recovery upon an insurance
contract turned upon the question
whether the sovereignty Of Beunos
Ayres extended over the Falkland Is
lands II was, on one side, contended
that the question was one for the court
to decide, as it would any judicial ques-
ticn. Mr.. Justice Story, deciding the
case at circuit said:
at is very clear that it belongs ex-
rlusively to the executive department of
our government to recognize, from time
to time, any new governments which
may arise in political revolutions in the
world, and until such new governments
are so recognized, they cannot be adj
united by our courts of justice to have,
pr to exercise, the common rights and
prerogatives of sovereignty
THE case, being carried to the su-
prene court Of the United States, JUS
tee Mclean, speaking for that court,
said:
"'Can there be any doubt that when
the executive branch of the government,
which is charged with our foreign rela-
tons assume a fact in regard TO the
sovereignty Of any island or country, it
IS conclusive on the judicial department
And in this view, it is not material 10 in
nuire. nor is it the province of the court
TO determine, whether the executive be
right or wrong. 1t is enough to know
that in the exercise of his constitution
Having done this under the responsible
ties which belong TO him, it is obligatory
on the people and government of the
union 03 Peters reports 415)
These decisions have been repeatedly
Secited, and, so far as known to the
writer. not questioned
HERE'S BOOK LARNIN.
New Haven, Conn, Dec. 22.-Professor
Theodore T. Woolsey, who holds the
chair Of international law at Yale, COM
menting upon the action of the commit
tee on foreign relations in the senate,
with reference to Cuban independence,
says that recognition of belligerency
ought TO precede recognition of indepen-
dence; and that, in recognizing the in
dependence of Cuba, the committee had
assumed a state Of fact that did not en-
EST. In Professor Woolsey's opinion
there might have been two motives for
the committees course, which were, sym
patny for the Cubans or hostility toward
Spain. If the committee acted as it did
out of sympathy for Cuba, then it ought
to have based its proceedings upon a
plea Of humanity, but if it allowed hos
tility TO Spain to prompt it in its course,
then that act constituted a justifica-
lion for war on SPANS part, if that
country chose to interpret it as such.
Rochester, n. Y, Dec. pa special
dispatch to the Post Express from New
ark, Wayne county. says: William B.
Nosburg post. G. A. r., of Newark, last
evening unanimously adopted the follow
ing resolution:
Resolved, That this post, consisting
of 100 able-bodied men, hereby offer their
services to the insurgent army OFF Cuba
40 aid them in securing their independ-
Hnce."
QUESADA PUTS A DAMPER
Washington, Dec. 22-Mr Quesada,
the Cuban representative here, said last
night that the junta is not responsible
for the enlistments for the Cuban cause
fhac are now said TO be going on through
out the United States.
ut is not our desire to break the laws
of this country" he continued. land the
Enlistments are clear violation of them
We do not want any more men in Cuba
now. Besides the %. GOO or 81. 600 we have
3n The field we have $4,000 more we can
net arm. Any one who claims to be en-
listing under our authority is an inn
postor. We don't want men. l hope this
will put an end TO these rumors."
WEYLER BETTER HURRY UP.
New York. Dec pa Key West spe-
cial 10 the World says:
General Weyler proposes to take the
field in Santa Clara province now, il is
learned, and force the fighting. The
captain general is disturbed by reports
% insurgent operations in Santa Clara
besides, a. strong hint is said to have
reached him from Madrid that some
thing must be done by January !, 10
iorestall action by congress on the Cam
eron resolution.
Affairs east of the trocha grow worse
The Spanish officials there cannot cope
with the insurgent bands in operation in
that section. using the hills as the base
Of operations, and they are confined 10
the towns
WEGLER LEAVES HAVANA.
Havana. Dec. 22-Captain-Genera
Weyler left Havana AT Sa. m. on board
the Lagazpi. bound for Mariel. north of
the military line across the province of
Pinar del Rio, with the intention of re-
Stunning personal command OF the oner-
ations against the Insurgents in that
part of Cuba.
General Solano reports from Santa
Clara ts2t Lieutenant-C Colonel Oliver. in
command Of the Granada battalion, has
dad an engagement IN that district with
a force Of insurgents. The general adds
mat the enemy had over 200 killed aud
wounded.
The insurgents have lifted the rails
and derailed an exploring engine near
laSGaram2ras. province Of Matanzas
killing the conductor and seriously iniur-
ing the engineer. Both his legs had 70 be
GmpU;&ted.
Generals Arola and Gasco. as well as
the rest OF the Spanish generals in the
province of Pinar del Rio. have assem-
blsc az Artemisa, where they are await
ing the arrival OF Captain General Wev-