Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-01-14
THE LAW : MAKERS.
rnOCEEDINGs or SENATE AND
HOUSE OF REPRESENTATIVES,
RECOGNITION or A NEW POWER.
wr. Hacon, of Georgia, Contends
THAT II Is Function Belonging
news "Dernncc of Authority"

news "Dennucc of Authority"
WASHINGTON, d. c.. January lS
The Senate spent the first two hours Of
to-days session behind closed doors. in
consideration OF executive business che
exfradition treaties with Argentina and
The Orange Republic. and the remainder
o., the day was occupied In the delivery
az speech by Mr.. Bacon Democrat.
az Georgia, on the question whether the
r.roenition of a new Power was an exc
el.vc or legislative act His con-
,lnf,on was that IL was a legislative
f,rction. one exclusively for determine
..n bv Congress. Even where the re-
,o.n,tion was 10y the President, its va
u.ty. Mr. Bacon argued. was derived
from the assent OF Congress. either di-
ra.t or implied. IL the President had
s..h exclusive power, Il was greater than
any which any constitutional monarch
welded.
Np.cr. Mr. Bacon said. was challenge
Of power more sharply made than that
l,. the Secretary Of state in the matter;
and never was defiance OF authotity more
boldly given.
Alr. Bacon confined himself 10 consti-
frHonal and legal points in his argu-
mont. refrainlng from every allusion TO
fh. practical question Of recognizing the
republic o. cuba.
Err Bacon introduced his subject by
r.marl,ng that. in December last he
had introduced a concurrent resolution,
which had been referred TO the judiciary
committee, declaring that the question
90 tho recognition by this government
90 amy pcople as a free and independent
nation IS one exclusively for the deter
ruluon OF Congress. As he could not
can up his own resolution. he would
make Sir. Mnls's resolution the text OF
h.s remarks.
N Was undeniable. he said that all
legislative power was vested by the Con-
rrtution in Congress. except as modified
lv inc Presidents right of veto; ana
therefore the test of whether the recog-
milton Of "a government belonged TO the
Executive or TO Congress was the ques-
ton. would such recognition make that
aw which was not law beioreY II II
l.d. then the power lay en- congress- ana
not in the Executive. lie argued that
tha RECOGNITION Of new Power did Gre
NE a new legal status. and was, there
fore. exclusively within the province OF
the law-maklng power. When the act
of recognition was by the President 1t
derived It's validity from the assent Of
Congress. either direct or implied. His
proposition was this
That the ultimate power 70 determine
whether a nation should or should not
be RECOGNIZED was in the lawmaking
branch of the government. and that when
that branch. ia full knowledge OF what
is going on. permits the Executive n
act I'm the matter. IL Is a confirmation
the Presidents act.
RECEPTION OF A MINISTER.
MIR. White DemocraO. Of California,
nut the case of the recognition by the
President Of a minister representing q
new government, and asked Mr.. Bacon
whether that recognition was hnal ana
bound Congress and the country.
MT Bacon gave a decidedly negative
response. and when Mr.. Hale RepuDli-
cam. of Maine. followed up Mr. Whites
suggestion by asking whether Congress
might order such minister 10 be sent
home. Mt Bacons response in the
affirmative was equally positive
Mr.. Bacon went on TO argue that II the
President had the sole and exclusive
royyer of recognizing or refusing TO recog-
nize "a new government, no monarch
ever welded a more absolute power, and
there was no, on earth to-day con-
sututional monarch that welded such
power IL was safer, he argued That the
determination of such great question
should not be within the control or one
man. but should be under the cohtrol OF
the lawmalllnP power.
"The Secretary of state" Mr. Bacon
continued. "has denied the power of Con-
rress. and defed its authority, and has
proclaimed through the press 10 foreign
nations that even If such proposed action
shall be placed on the statute-Dook IN
the form of law the President VIII not
obey f. He has practically threatened
Congress with the veto of the President,
and has added that If passed over the
veto. u will be thrown back i'm the face
OF Congress as so much waste paper.
Never was challenge Of power more
sharply made. Never was denance OF
authority more boldly given"
1lr. Bacon spoke for nearly three hours
most Of the speech being delivered from
manuscript The Mills resolutions re-
mt.n on the table
Nr. Gear Republcan), Of Iowa. chalr-
man of the Pacific Railroad Committee
Introduced a bill. which was referred 10
that committee, appointing the Secretary
OF the Treasury, the Secretary Of the
Interior and the Acknowledgement com
mission TO settle the indebtedness of the
hoad-ailel Pacific railroads TO the gov
,rnment
The Senate then. at $40 p. NJ, adjourn
81 until tomorrow.
House OF Representatives.
The House spent to-day in work on the
calendar. and passed a number of minor
bills. by unanimous consent.
The bin providing that oleomarsarihe
ana other imitation dairy products shail
h- subject TO the laws of the states OF
Territories into which they are trans
ported was sprung unexpectedly. Strong
opposition developed AT once, with the re-
suit that after long wrangle a demand
for the previous question on the passage
Of the Din was voted down by narrow
majority
On motion Of Mr. Washington Demo
crau. OF Tennessee. the Senate joint reso-
luton was passed providing Tor eNpe-
dt.ne the erection Of the government
building 10 the Tennessee Centennial IN
position.
Among The bills passed was House pili
ceachug Marion county Ala, from the
$3.50