The times. [volume] (Richmond, Va.) 1890-1903, 1897-01-14
THE RIGHT OF RECOGNITION.
II. Bacon Argues That II Is an tXclu-
siVsly Legislative Function.
TIE STATEMENTOPSE SECRETARY OLkEY
Characterized rs n Bold Defiance Oh N"'""'
ity-The oaestion Argued From cons'-
,u,iopaIa and Legal Point Withou.
yeference To Cuba.

DAYS session behind closed doors IN the
consideration of executive business Uhc
extradI,jon treaties with Argentina ana
the Orange Republic. and the remainder
OF tho day was occupied In the delivery
of a speech by Mr. Bacon tDcm' OF
Georgia. on the question. whether inc
recognition Of new power was an eN~cu-
tive or a legislative act. Ills contention
was that II was a legislative funcuoh-
ono exclusively for determination by Con-
sress. Even where the recognition was
X, ,he president its validity. MIR. Bacon
argued. was derived from the assent OF
Conercss-.ithcr direct or Implied. III the
president had such exclusive power IL
was erca,cr than any which any consu~
tutional monarch welded.
DEFIANCE OF AUTHORITY.
Never. Mr.. Bacon said. was challenge
of power more sharply made thah that d!
the Secretary OF state In the matter ana
never was defiance of authority moro
boldly given.
MIR Bacon confined himself to the con-
stitutional and legal points in the argu-
Inent RETAINING from every allusion L"
the practical question of recognizing the
republic OF Cuba.
Mr. Bacon introduced his SUBJECT "y
remarking that i'm December last ne had
introduced a concurrent resolution whlch
had been referred 10 the Judiciary com
mittce. declaring that the question or tho
recognition by this Government by any
people as "A free and independent nation
a. one excusiyclyp for to determination
Of Congress. As he could not call up
his own resolution. ne would make Mr.
Mills resolution the text Of his remarks.
II WAS undeniablc he said than all leg
isative power was vested by the Const-
tuition in Congress. except as modihed
by the Presidents right OF veto, ana,
therefore the test OF whether the recog-
milton of government belonged TO Inc
Executive or to Congress. was would
such recognition mako that law which
was not law before?" II IL did. then the
power lay in Congress. and not in the
Executive. He argued that the recogm-
ton OF "A new power did create a new
legal status and was. therefore. exclusive
~ within the province of the law-making
power.
PRESIDENTS AUTHORIZE.
when the act OF recognition was by
the President. II derived its validity
from the assent of Congress. either Ill
rect or implied. His proposition was
this:
That the ultimate power 10 determine
whether n nation should or should not
be recognized was I'm the law-makinG
branch OF the Government. and that when
that branch. in fun knowledge of what
is going on permits the Executive 10 act
in the matter. II Is a confirmation OF
the President act.
Mr. White Dem. Of California; put
the case of the recognition by the Presi-
dent OF a Minister representing a new
government and asked Mr.. Bacon
whether that recognition was final, and
bound Congress and the country.
MIR. Bacon gave a decidedly negative
response and when Mr.. Hale Oiep of
Maine) followed up Mr.. Whites sue
gestion by asking whether Congress
might order such Minister TO be sent
home. Mr.. Bacon's response in the al
firmative was equally positive.
-NU Bacon wons on to argue that If
the President had the sole and exclusive
power of recognizing or refusing 10 rec
ognize a new government. no monarch
ever welded moro absolute power and
there was not on earth to-day "a con-
stitutional monarch that wiel-cd such
power. II was safer. he argued that
the determination of such "A great ques-
tion should not be within the control
of one man. hut should be under the
control of the law-malNng power.
REGARDED AS A THREAT.
"The Secretary of State" Mr.. Bacon
continued has denied the power of
Congress. has defed its authority and
has proclaimed through the press TO
foreign nations that even II such pro-
posed action shall be placed on the
statute-bOok i'm the form of law. the
President will not obey il. lie has prac-
tically threatened Congress with the veto
OF the President; and has added that II
passed over the veto. II will be thrown
back In the face of ConErss as so much
power more sharply made. Never was
defiance Of authority more boldly given"
Mr.. Bacon spoke for nearly three
hours. most Of the speech being dcliv-
cred from manuscript. The Mills reso.
lutions remain on the table.
Mr.. Gear (Rop. OF Iowa.. chairman OF
the Pacific Railroad Committee. intro
duced a bill. which was referred TO that
committee. appointing the Secretary OF
the Treasury. the Secretary of the Int
rior. and the Attorney General a com
mission TO settle the indebtedness OF
the bond-aided Pacific railroads to the
Government.
The Senate then. at $40 p. NJ, ad-
journed until tomorrow
AN UNUSUAL REQUEST.
The Senate devoted two hours this ar
ternoon TO the consideration i'm executive
session OF the request of Secretary Olney
for an amendment to the extradition
treaties with the Orange Free State and
the Argentine Republic ratified Monday.
by the Insertion OF a clause recurring
each government 10 give up it's own citi-
zens on cxtraditon demand by the other
government. a party to the treaty This
language appears I'm none of our treaties.
and was so ont OF the usual srder OF
things that II prccipitated long debate.
participated in by Senators Morgan. Shcr-
man, Chandler Hoar and others. These
senators took the position that each gov
eminent was the judge OF It's own rights
In such cases
length In opposition to the. request of
the Secretary. II was shown that this
country had never given up its own citi-
zens and the Senate held that the Ian
guage asked for was unnecessary. At the
conclusion Of the debate no formal action
was taken, but n was evident that the
Senate should decline 10 make the amend
ment asked for. and the treaties will stand
as ratified Monday last
resolution was adopted removing the
injunction Of secrecy from the general
treaty OF arbitration between this conn
try and Great Britain.
FRANCIS NOMINATION.
The nomination OF David r. Francis.
OF Missouri. TO be Secretary OF the In
terror was called IN I'm executive session.
and. after a short speech by Mr. Vest.
the case went over without action.
In the House.