The herald., 1897-01-12

! On motion of Hoar the house bill for
uniform bankruptcy law was made
| special order for Monday January 20.
NILS called up the resolution intro
| duced by him declaring that the deter
mination; q the expediency of recognlz-
| ing the independence of foreign gov
| ernment belongs to congress, and when
| congress shall SO determine the eXecu-
| tive should act in harmony with the leg
islative department. of the government;
| also recognizing the independence of the
| republic of Cuba and appropriatlng SlO,-
! 600 for the salary of a minister thereto,
| and proceeded to address the senate
| upon it.
Mills began by saying that the secre"
tary of state had challenged the author
| ity of congress to recognize the 1nde-
pendence of a foreign state, and said
| that a bill passed over the veto OF the
president would be of no effect.
| Il propose to meet that statement,
he annour.ced. The authority of con-
gress in this matter has been challenger
| but once; then the challenger was sig
| nally rebukedb and L nave no ooupt ne
| will be now"
| He did not know where the secretary
| of state found the authority for his state
| ment. A government must exist before
| it could be recognized, for to recognize
| it a diplomatic officer must be sent 70
| il. Congress must create the officer 1t
| had sole power to create an office, and
| must do so before the president could
send an ambassador to government.
This is a most remarkable state
| ment," commented Mr.. Mills upon Seq
retary Olney's declaration, from which
he quoted. THE respect that have for
the secretary of state restraints me from
| saying anything more.
HE has his duty and have mine. The
| pn the cOnPreS c
of the United States, This is none of
your business.
Mr.. Mills read from President Mon
| roe's message of March, 1928, relating 10
the recognition of South American re-
| publics in revolution against Spain.
| Monroe he said. had recognized that
| both branches of the government had a
Guty imposed upon them in the recogni-
ton of foreign governments, and that
| there must be cooperation. Monroe
had not said: II have sent an ambassa
dor" but "If congress should concur
in his views, he would recognize the new
| governments. How, in the face of that
| precedent, he inquired could the presi-
dent of the United States and the secre-
| tary of state stand before the people of
the United States and say that they had
the sole power to recognize foreign gov
| ernment with which they were to have
| commercial relations?
Mr. Mills recite6 as preceGents the
cases of several South American repub-
lics and the state of Texas whose SER
want" he said. II have the honor to be. -
Mr.. Mills said that be would not speak
of the propriety of a secretary of stats
| discussing in public a measure on which
| congress was to pass. and predicting dis
aster if it became a law. In paying a
| tribute to President Monroe, he said.
| There was mar on whose shoul6'e re
| Of do nd IA N "a :
| never nut their shackles4" 1t was some
| thing strange at this late Gay. in the
| closing hours of the nineteenth century
that the president had discovered that
| he alone had power over the recognition
of foreign governments and set al def
ance a resolution of congress, even If i;
should be passed. by two-thrds major
ity.
Even If such an occasion arises this
government will not be wanting in
power to carry into effect the acts en-
trusted to it by the constitution" he
said The methods of the recognition
of Hungary, Liberia and Hayti We're
canvassed, and then Mr.. Mills recalled
a dispatch written by Secretary Seward
in 1864 to the United States minister to
France regarding the recognition of the
Macmillan monarchy in Mexico. Even
in this dispatch Secretary Seward had
spoken of a resolution passed by the
house declaring against the recognition
of the monarchy in Mexico, and he said
that recognition was an executive func-
ton and that unless the house resolu-
tion should be passed by both houses
and signed by the president or passed
by both houses over his veto, the presi-
dent would not a present change the
governments policy. Thereupon the for
eign relations committee had reported
to the senate a resolution expressing
surprise that the president had seen fiji
to apprise a foreign government of g
difference between two branches of this
government. A substitute for this res
o1ution in nearly identical terms had
been adopted by unanimous vote anc
| Senator Morrill, and another, afterwards
president of the United States, had beer
among those voting for its adoption.
When such a declaration had beer
made IN time of war by a secretary ol
state 80 highly honored as Mr.. Seward
and a president so dear to the people
as Mr.. Lincoln, said Mr.. Mills, the con.
gress had denounced IL. and it woult
have no better fate now. 1t was only
when there was no doubt of the propri
; ETY. of the course to be taken that The
president could properly recognize 8
new government, in such a case as the
overthrowing of a dynasty. When tn,
president took such a step of his ONT
motion he assumed that the facts were
so plain that congress would supper
him. Congress, having power for til,
recognition of a state, ought she no
now to recognize the independence o
the republic of Cuba? Mr.. Mills in
ouired He quoted from an interview
, with Senator-elect Money of Mississip
pi to show the power of the function
of the nsurgent republic. The neutral
, my laws of the United States had beel
so administered as to win the friendship
of Spain
II do not envy the president his en-
dorsements" remarked Mr.. Mills, "hi