Birmingham state herald., 1897-01-14
IN WHOM RESTS THE POWER Senator Bacon, of Georgia, Dis
 cuSses the Subject. THE EXCLUSIVE POWER Were It Vested in the Chief Magistrate Would
 Be Dangerous
EVEN GREATER THAN A MoNARcHs
Would Be His Power Were It so-Paclfic
  Railroad Again Brought Up-A Meas- ure of Importance to Coun- ty of this State.

Washington, Jan. 13.-The senate spent the first two hours of today's session be- hind closed doors in the consideration of executive business dhe extradition trea- ties with Argentine and the Orange Re public) and the remainder of the day was occupied in the delivery of a speech by MT. Bacon, democrat, of Georgia, on the question whether the recognition of new power was an executive or legisla- tive act His contention was that it was a legislative function, one exclusively for determination by congress. Even where the recognition was by the president, its validity, MT. Bacon argued, was derived from the assent of congress, either direct or implied. If the president had such ex- elusive power it was greater than any which any constitutional monarch wielded. !
 Never, MT. Bacon said, was challenge of power more sharply made than that by the secretary of state in the matter, and never was defiance of authority more boldly given.
 MT Bacon confined himself to the con stitutional and legal points in the argu- ment, refraining from every allusion to the practical question of recognizing the republic of Cuba.
 Mr. Bacon introduced his subject by re- marking that in December last he had in troduced a concurrent resolution Whlch had been referred to the Judiciary com mittee, declaring that the question of the recognition by this government Of any people as a free and independent nation is one exclusively for the determination of congress. As he could not call up his own resolution he would make MT. Mills' resolution the text of his remarks.
 It was undeniable, he said, that all leg islative power was vested by the consti- tuition in congress, except as .modined py the presidents right of veto, and, there fore, the test of whether the recognition of a government belonged to the execu- five or to congrss was would such recog-> milton make that law which was not law before" If 1t did, then the power lay in congress and not in the executive. He argued that the recognition of new power did create new legal status, and was therefore exclusively within the pro- vince of the law-making power.
 When the act of recognition was by the president, it derived its validity rom the assent of congress, either direct or im- piled. His proposition was: That the ultimate power to determine whether nation should or should not be recognized was in the law-making branch Of the in full knowledge of what is going on per mits the executive to act in the matter, It is confirmation of the presidents act.
 MT. White, democrat, of California, put the case of the recognition by the presi- dent of minister representing new government and asked MT. Bacon whether that recognition was final ana bound congress and the country.
 MT. Bacon gave a decidedly negative response, and when MT. Hale. republican, of Maine followed up MT. Whites ques. tion by asking whether congress might order such minister to be sent home, MT. Bacon's response in the affirmative was equally positive.
 MT Bacon went on to argue that IT me president had the sole and exclusive mower of recognizing or refusing to rec ognize a new government, no monarch ever yielded more absolute power, ana there was not on earth today constltu- tional monarch that wielded sucn pow CT. It was safer, he argued that the de, termination of such a question should not be within the control Of one man, but should be under the control or the law-making power,
 .'The secretary of state," MT. Bacon continued, ''has denied the power Of con gress, has defied it's authority and has proclaimed through the press to foreign nations that even 1t such proposed ac- tion shall be placed on the statute book in. due form of law, the president VIII no1 obey it. He has practically threatened congress with the veto of the president and has added that if passed over the veto it will be thrown back in the face of congress as SD much waste paper Never sharply made. Never was defiance or authority more boldly given" 1
 Mir Bacon spoke for nearly three hours, most of his speech being delivered from manuscript The Mills resolution re- mains on the table.
 Nr Gear. (rep, of Iowa) chairman of the Pacific railroad committee, intro duced a bill which was referred to that committee appointing the secretary or the treasury, the secretary or the 1nteri-
 a G. sion to settle the indebtedness of the bond-aided Pacific railroads to the gov ernment.
 The senate then, at 5:10 p. n,., adjourn ed until tomorrow
 IN THE HOUSE.
 Washington, Jan. 13.-The house spent today in the week on the calendar and passed number of minor bills by unani- nous consent. The bill providing that oleomargarine and other imitation dairy products shell be subject to the laws of the states CT territories into which they are transported, was sprung unexpected ly. Strong opposition developed at once, with the result that after long wrangle a demand for the previous question on the passage of the bill was voted down by a narrow majority.
 On motion of MT. Washington, (dem. of Tennessee), senate joint resolution was passed providing for expediting the erection of the government building at the Tennessee centennial exposition.
 Among the bills passed were house bill detaching Marion county. Alabama, from the northern, and attaching it to the southern judicial district of that state; also senate bill withdrawing from the su- preme court of the United States 5uris- diction of criminal cases not capital. It confers jurisdiction In cases of this char acter upon the circuit court of appeals.
 At 4:45 p. m. the house adjourned until tomorrow.
 AGRICULTURAL APPROPRIATIONS Presented to the House-AfoAey Pro