Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-12-22
LAW TALK VS.. WAR TALK.

LAW Iatsh 49, w ~ f-hhsNs
Constitutional lawyers have fine OPP
portunity Just now to display their cru
djtion. The question of the hour is
whether Mr. Olney is correct IN assert
ting that the power TO recognize the bel
liserency or independence Of Cuba rests
with the President and not with Congress.
IT appears that the Senate Committee
on Foreign Relations. through Mr.. Clay
on June IS. 1886 reported that "The Presi-
dent OF the United States. by the Consti-
tuition. has the charge Of their foreign
intercourse Regularly. he ought to take
the initiative in the acknowledgment OF
the Independence of any new Power"
And. we learn from the Baltimore Sun,
that. according 10 the Senate committee
of that day. there was no power in Con-
gress TO compel or coerce the President
10 recognize particular state.
II. how or. seems that in the case OF
Texas. Congress took the initiative; but
this. we are told, was at the suggestion
Of President Jackson. Congress wEs dis
posed to claim this right for Itself. and
the President was disposed to concur
on the ground of expediency." and so
he expressly waived the discussion of the
question Of the strict constitutional right
of the Executive. either apart from or
I'm conjunction with the Senate, over the
subject.
Judge Cooley. who is our leading au-
thor.ty on the Federal Constitution. has
expressed his views on the position taken
by Mr. Olney as follows:
"The power to recognize bellige-
rency and the lawfulness of action in
defence of a government. alleged to be
de facto. must devolve upon the eXecu-
tive power of the country, which can
recognize no beligerent government un-
I'll the fact is clearly made known to it
that there is in existence a government
maintaining itself and enforcing its au-
thority against any other.
But the Presidents power is not COM
plete and final. The sovereign legisla
tive power must provide for final inter-
course and pass laws for the purpose;
laws which the President would be i'm
peachabie IL he should not join in exc
cutting What he does in recognizing a
new nation is clearly in part legislative.
and the action taken. If taken by the
President alone would be so far Cefec-
tive as to be impossible Of execution with
out being perfected now or in the future
by the sovereign legislative power"
Senator Daniel. TO whom the Dispatch
yesterday telegraphed for his views on
the subject. states them as follows:
am decided in the opinion that Con-
gress has the power TO determine the
question OF belligerency and indepen-
dence. and that the President has no ex-
elusive prerogative to do so. The Vest
resolution as TO congressional authority
and the Hill resolution recognizing Cuban
belligerency. offered to-day. express my
sentiments.
Per contra ex-Attorney- General Gar
land. ex-Attorney- General Miller, and ex-
Senator Edmunds, of Vermont, uphold
Nj. Olney in his position. But even If
Mr.. Olney be right, 1t seems to the Dis
patch that he has stated the administra-
tion's position defiantly. He who is at
the head OF our diplomacy I'm foreign
lands would have done better had he
used a little more diplomacy towards
Congress. But it has long been a pre-
eminent fault Of the Cleveland Adminis-
tration that II has not been half con-
siderate enough OF Congress.
Senator Sherman IS Of the opinion that
Congress may, If II will, recognize the in
dependence OF new nation. He thinks
Mr.. Olney does not contest this view. but
holds that "the matter ought to come
from the President" Further. Mr.. Sher-
man insists that should Congress pass a
resolution and the President veto II. III
can be passed by two-thirds vote in
each house and would become law,
which the President must respect and
obey" Senator Davis, of Minnesota,
thinks Congress has full power to act.
And 30 It goes.
So here we have an issue made UP. II
ts pretty question, and we do not think
we do viol snce 10 the reputation OF
the Senate when we say that II Is quite
likely 10 lead TO prolonged discussion in
that body. Evidently the opinion of Mr..
Oiney does not carry much weight with
senators. for within few minutes after
hearing all that Mr.. Olney had to say
upon the subject the Senate Committee
on Foreign Relations agreed by unani-
nous vote to report favorabiy MIR. Came
roD's resolution recognizing the inde-
pendcnce Of Cuba.
The certainty now that the preslden-