The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-14
CONGRESS- rs SUPREMr.
Senator Bacon Says Secretary Oiney Has
Challenged and Deaed Its AuthorIty.

Challenged and Dened Its Authority.
WAsHINoroS, Jan. l3.-The resolution offered
last week by Mr.. Mills dem. Tex asserting
tho authority OF Congress In tho recognition Of
foreign Governments and recognizing the indie
pendence OF tho republic Of Cuba was taken I'M
In the Senate to-day. and Mr.. Bacon dem, Gal
addressed the Senate. He said that In Decem-
Der last he introduced n concurrent resolution,
which was referred to the Judiciary Committee,
declaring that the question OF the recognition
By this Government OF any people as n free and
Independent nation Is one exclusively for the
determination OF Congress. As he could not
call up his own resolution. he would make Mr..
Mills's resolution the text OF his remarks.
II was undeniable. he said. that all legislative
power was vested by tho Constitution In Con-
Rress, except as modified by the Presidents
right OF veto, anu'therefore the test u whether
the recognition OF a Government belonged to
tho Executive or to Congress was. e W Guild such
recognition make that law which was not law
beforeY" II II did. then the power lay IN Com
gress and not In the Executive. lIe argued that
the recognition OF a new power did create n new
legal status, and was therefore exclusively
within the province OF the ~l,w.making mower.
When the act OF recognition was by the rresl-
dent, it derived Its validity from the assent of
Congress, either direct or implied.
Mr.. Bacon's proposition WAS this: That tho
ultimate power to determine whether n nation
should or should not be recognized was In the
law-msking branch OF the Government, and
that when that branch. In full knowledge of
what Ia going on, permits the Executive to act
In the matter, 1t Is n confirmation OF the Presi-
d: ~. sSii Dem. Call pu, the case Of tho
recognition BY the President of a Minister rep
resenting n new Government, and asked Mr..
Bacon whether that recognition was final and
bound Congress and the country. Mr.. BACON
80. . "A a.. - - ...yntlNa A-l l-
MIR. Hale. iT,ep., Me- followed up Mr. Whitr's
queslion BY asking whe,her Congress might or
der such Minister to be sent home. Mr.. Bacon's
response In the affirmative VIVA . Iunlly positive.
Mr.. Bacon went On to argue that II the Presi-
don't had the sole and exclusive power OF iccog.
niZinR or refusing to recognize n new Govern
ment, no monarch ever wiclhed n more absolute
power. and there was not on earth to-day u con-
stitutional monarch that welded such power.
IL was safer. he argued, that the determination
Of such u great question should not be within
control ot the law. maxi Y power.
"The Secretary Of state" Mr.. Bacon contln-
ued. has denied the power OF Congress, has de-
lied Its authority. ana hns proclaimed through
the press to foreign nations that even II such
proposed action shall he placed on the statute
obey IL. lie has practically threatened Congress
with tho veto OF tho President. and. has added
that II passed S fSos over saS ye,.' Il y be tGTown
paper; Never vas Challenge OF power more
MIR. Bacon confined himself to the constltu.
tional aud legal points in tho argument. re-
framing from every allusiOn to the practical
question Of recognizing the republic of Cuba.
He spoke for nearly three hours, No action
was taken on Mr.. Mills's resolution
A bill appointing the Secretary OF tho
Treasury, the Secretary OF the Interior, and the
Attorney-Gcnern II commission to SETTLE tho
debt of the Pacific railroads TO the Government
was introduced by Mr.. Gear Rep, la. Chair
man OF the Committee on Pacific Railroads, and
WAS referred To that committee,
The asking OF permission by Mr., Allen POP.
Neb) to correct n sub head in his speech rs
published In the Record, afforded the presiding
officer MIR. nm tho chance Of putting the ques-
ton In these words: "Is there objection to
striking out tho successes and failures OF Mark
Hanna I" There was a laugh, but no objection.
The House spent to-day on work on the calen.
dar and passed u number Of minor bills by
unanimous consent. Tho bill providing that
oleomnrgarlnc and other imitation dairy prod
ucts shall he subject to tho laws OF tho States or
Territories into which they are Transported was
sprung unexpectedly. Strong opposition de-
veloped Mt once, with the result that after q
long wrangle IA demand for tho previous qucs-
tion on the passage OF the bill was voted Town
by q narrow majority.