The times., 1897-05-18

| Spain will DC withit. There was no doubt
! OF d barbarous warfare in Cuba any bAdy
| who didn't know that deserved neither to
| be called a jingo nor. an American citizen.
| Spain wants to eXterminatea whOie people
| Shall we not only permit that, but he
| unwilling to accord even belligerent rights?
| Is England our friend? Any place you
look you lCok down English guns. That
| doesn't look like friendship. III England
! is oar friend, let her lay down hen arms
| a As To the want of confidence, w no de-
| stroye1 it. Senator Stewart charged il on
! the repeal OF the only law that made silver
money. He thought that the country coui5
| at least pass domestic Legislation without
| foreign assistance. unless we are really q
| miserable dependent nation.
Senator stewart, in this connection made
| an argument on the shortcomings OF Cleve-
land and Harrison on silver legislation.
| He did not think it was necessary TO fear
Europe if we did our duty to the Cuban
patriots.
sjr Daniel criticised Mr. weilington's
| speech for it's wide scope, as shot at
| creation. and for its wide ramifications
| The resolution did not involve any act OF
| hostility to Spain. Recognition did not
necessarily imply offcnse Mr.. Wellington
spoke OF our sympathy with Spain because
| Columbus discovered America 1t was
/ pity, he said, if snch condition as prevails
| in Cuba be permitted to exist.
There are a number OF Senators who
| sympathhe with the resolution Mr..
| Cleveland himself practically recognized
Il state Of war, although he did not call
! it hy that name Mr Cleveland did not
undertake TO say what should he done,
but intimated tina. humanity was good
| ground for Intervention In due time. The
! present proposition as not one Of inter
vention. 1t has not been so held by
| international writers. Mr.. Daniel claimed
that Congress had the right 10 recognize
| the belligerency or independence OF any
nation. Congress had control of com
| merce and so, If IL passed an act relat-
| ing TO commerce which specially recog-
| nized Cuba, its POSITION could not be
assailed lt was i'll order at all times TO
| do hy resolution what is contemplated in
! bill for tie same matter.
Mr. Daniel then proceeded 10 discuss
| the question as TO whether the Executive
| had the exclusive right to recognize bel
| iiEerent rights, and also the arguments m
| the other side lie discussed the meaning
| OF the word recognition and pointed out
! the fallary Of taking the English examples
! OF governmental prerogatiye as the guide
| in our country, constitutional governs
! ment. The President is the creature .5f
! law: his veto can be disapproved, whereas
! the king can negative the acts OF p.trlla-
ment- Those who contend that the PTesi-
! dent can act alone in the belligerenCy mat
| ter are guided by foreign rather than.
| their OWE Constitution.
/ MI Daniel quoted from the Constitution
what are claimed as the President 5 pow
! ers In which one OF these is the Presi-
dent given the exclusive power to recog-
nize belligerency? Such a power does not
follow from the fact that he is command
er-in-Cfief of the Army.
Does he get it from the right to nomi-
| nate ambassadors? That power was not
obsolete Was il found in the right to re-
ceive ambassadors? That was too slight
q function, which merely meant TO receive
and identify an amba ssador 1t remains
With Congress to say whether these am
bassadors come from nations competent
to send them. The very statement OF the
Presidents functions carries with 1T that
he is not superior to the laws and Iegula-
tions which invest him with authority
Would it he urged that Congress could not
remedy a mistake made by the President
i'll such matter as is now under discus
sion? Yet that argument had been made
by the last Adminstra ton and some Sena-
tors This indeed would be the one-man
power, ike that of an ancient British king
Mr.. Caffrey desired TO know if the power
of President and Congress is not concur
rent, and whether the branch which acts
first does not exhaust The Jurisdiction?
Mr. Daniel said that the President has
certain implied power, through the
exercise Of witch he may execute tho
law. But" said he, ''as that power
is derived in the main, If not i'll all cases,
in nearly all cases from his constitutional
authority to take care that the law be
faithfully execEted, and that implies that
when the law changes he must change
with it, and the law is, in my Judgment
the supreme power Of the United States
on that subject, above the Executive and
above the treaty making power"
Senators Caffery, Spooner, and Daniel
got into colloquy as to the derivation
of che power of the President to recog-
nize bellgereney from the authority OF
the President to receive ambassadors
Senator Caffery said that he derived such
right from the general power in the
Constitution that places the President
in charge of our external relations from
the law which authorizes him to send
ambassadors.
Mr.. Hoar. While asking questions. made
an argument goingto show thatbelligerency
was a condition that changed from day to
day. and oughtto be vested in the Executive,
who was in session all the time If Con
gress. for instance, on March BLAST, had
passed a resolution recognizing the inde-
pendence of Cuba and had adjourned and
after that Cuba was conquered, the Pres-
dent could, in no sense. be bound by that
resolution.
Mr.. Daniel denied that the President had
any right to determine a fact absolutely
without reference to the execution of
so,ne law by which he is governed If, for
instance. one President recognized the
independence of Cuba and another Presi-
dent and Senate, the treaty-rnaking power
could negotiate a treaty with Spain the
latter fact would destroy the first condi- !
ton and declare that the President hal no
absolute right.
There was no specific law, so shaped,
giving any enc the right to recognize IN
dependence or beItgerency The right un-
douh.edly exists in the President, but
there has been no case in which there has
arisen a conflict to determine under what
conditions that right exists Mr. Daniel
read decisions in which the executive and
legislative were always Joined as to con-
ferring the right claimed by his opponents
as belonging to the President alone