The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-14
RECOGNITION OF NEW POWERS
SENATOR BACON ADDRESSES THE
SENATE ON THE SUBJECT.


He Declares That Recognition Is a
Legislative Function and One Ea-
cIusiveIy For Determination by
COngress-VaIidity of Recognition
by the President Derived From the
Assent of Congress, Direct or
Implied.
Washington, Jan. 13-The Senate spent
the first two hours of the days session
behind closed doors, in the consideration
Of executive business 0he extradition
treaties with Argentine and the Orange
Republic), and the remainder of the day
was occupied in the delivery of a speech
by Mr.. Bacon. dem, of Georgia, on the
question whether the recognition of a
new power was an executive or a 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, it's
validity, Mr.. Bacon argued, was derived
from the assent of congress, either direct
or implied. If the President had such ex-
elusive power, 1t was greater than any
which any constitutional monarch
welded.
Never, Mr.. 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.
Mr. 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
introduced a concurrent resolution, which
had been referred to the judiciary COM
mittee, declaring that the question of rec-
ognition by this government of any peo-
pie as free and Independent nation is
one exclusively for the determination OF
congress. As he could not call up mis-
own resolution he would make Mr.. Mills
resolution the text of his remarks.
1t Is undenlable, he said, that all legls-
lative power was vested by the constitu-
ton in congress, except as modified by the
Presidents right of veto; and, therefore,
the test of whether the recognition of a
government belonged 10 the executive or
to congress was would such recognition
lUdht Atldl law WHICH Wd9 nut law bC~
! fore2" If it did, then the power lay in
congress. and not in the executive. He
argued that the recognition of new
power did create a new legal status, and
was, therefore, exclusively within the pro-
vince OF the law-malSing power
When the act of recognition was by the
President 1t derived its validity from ths
assent of congress, either direct or i'm
Piled His proposition was this: That
the ultimate power to determined whether
a nation should or should not be recog-
nlzed was in the law-making branch of
the government, and that when that
branch in full knowledge of what is go
ing on, permits the executive to act In
the matter II is a confirmation of the
Presidents act
Mr. White, dem, of California, put the
case Of the recognition by the President
of a minister representing a new govern
ment and asked Mr.. Bacon whether that
recognition was final and bound congress
and the country.
Mr. Bacon gave a decidedly negative re-
sponse; and when Mr.. Hale, rep, of Maine,
followed up Mr.. Whites question by ask
ing whether congress might order such
minister to be sent home, Mr.. Bacon's re-
sponse in the affirmative was equally posi-
tive.
Mr. Bacon went on to argue that If the
President had the sole and exclusive pow
er of recognizing or refusing to recognize
a new government, no monarch ever
welded a more absolute power, and there
was not on earth to-day a constitutional
monarch that welded such power. 1t
was safer, he argued, that the determina-
ton of such a great question should not
be within the control of one man, but
should be under the control OF the law
making power.
"The Secretary Of State" Mr.. Bacon
continued. has denied the power of con-
gress, has defied its authority and has pro-
claimed through the press to foreign ma
tions that even If such proposed action
shall be placed on the statute book in due
form of law, the President will not obey
1t. He has practically threatened congress
with the veto of the President, and has
added that If passed over the veto 1t will
be thrown back in the face of congress
as so much waste paper. Never was chal-
lenge of power more sharply made. Never
was dehnance of authority more boldly
given"
Mr.. Bacon spoke for nearly three hours.
most of the speech being delivered from
manuscript The Mills resolution remains
on the table.
Mr.. Gear, rep, of Iowa, chairman of the
Pacific railroad committee, introduced a
bill which was referred TO that committee,
appointing the Secretary of the Treasury.
the Secretary OF the Interior and the At
torney General commission to settle the
indebtedness OF the bond-aided Pacific
railroads to the government
The Senate then. at $40 o'clock, adjourn-
ed until tomorrow.