The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-01
oLNEY HAS AMMUNITION.
solid shot of Argument 10 Back Up
His Cuban Position.

solid shot of Argument to Back Up
His Cuban Position.
Washington, Dec. 31.-When congress
reassembles and the Cuban question Is tax
EN- up in the Senate the friends of the
administration will have some able argu-
ments with which to sustain the position
taken by Secretary Olney. In addition to
such distinguished authorities as ex-NIin-
lister Phelps, ex-senator Edmunds, ex-At-
torney General Miller. ex-Minister to Rus
STA kasson, Secretary Olney viii be sup
ported by a long list of precedents taken
from the files of the department of state.
AS soon as the resolution of Senator
Cameron was reported from the commit
tee on foreign relations Secretary Olney
put the force of the department of state
to work to combat the arguments set up
by the committees report on the resolu-
ton. Senator Hale and those senators
who are opposed to the passage of the
Cameron resolution will be fully prepared
to debate the question and meet the is
sue that has been drawn between con-
gress and the executive as to where rests
the power TO recognize the independence
of a foreign state
Alexander Porter Morse, who is recog-
nized as one of the ablest expounders of
International law, in Washington. by rea-
son of his connection with the Bering sea
controversy and his appointment as spe-
cial counsel before the Venezuela commits,
sion holds that Secretary Olney is cor
rect in maintaining that the power of rec
ognition rests with the executive and not
with the legislative branch of the govern
ment II was while discussing this SUBJ
ject to-day that Mr.. Morse gave utter,
ance to the following interesting and logi-
cal conclusions He says the trainers OF
the constitution undoubtedly supposed
that all the coordinate branches of the
government would he in harmony. espe-
cially in dealing with our foreign rela-
tons. They certainly intended that the
President should have exclusive jurisdic-
ton in such cases as the recognition of a
foreign state, otherwise they would not
have provided him with the means to Oh
tain information that even congress could
not secure.
The President is empowered" continued
Mr. Morse, 80 send special commissioners
or ENJOYS to foreign countries to secure
information that will enable him to act
with wisdom ana discretion in matters re-
lating to the countries interested. For that
purpose the President or the Secretary of
State has been furnished with secret con
tingent fund to be used il just such cases.
My father was sent as a special commits
sioner to Colombia, by Secretary Marcy.
without any authority from congress. A
great many people in discussing this pro-
position seem to forget that the trainers
of the constitution gave the President GER
tain powers because they intended that the
office of President should never be va
cant. In other words they intended that il
should be continuing office, while con-
gress Is not always in session. When the
.4.T
of the army and navy he was invested with
power to use the military and naval forces
in an emergency. without waiting for au-
thority from congress
There seems to be no doubt in my
mind" added Mr.. Morse, that it was orig
nally intended that the President should
have exclusive jurisdiction in dea ling with
just such a situation as is presented I'm the
Cuban controversy. No one will deny the
right of the President to send a special
envoy or commissioner to a foreign coun-
try to obtain certain information for him.
That has been demonstrated too many
times to admit of contention. lin the Gu
ban case, the President had the power to
send for Consul General Lee and to OBJ
tain from him such information as he pos
sessed concerning the conflict now going
on in Cuba. Congress was in Sc ssion, but
neither the House nor the Senate com
mittee on foreign relation sent for Gen.
Lee anu asked MIN 10 tell them all ne
knew about the Cuban case. He would
have been justified in refusing 10 answer
any questions put to him by the commit
tee, II so directed by the President He
could have, with propriety inform the
committee that he was obliged by his
oath of office to observe the confidential
relations prevailing In the consular and
diplomatic service, and that would have
justified his silence. In dealing with for
eign affairs 1t was intended that the ex-
ecutive should have means of securing
confidential information that even con-
gress may be deprived of If the President
deems it incompatible with the public in
terest.
1.-The policy of the executive in dealing
with foreign affairs" said Mr. Morse
may not be agreeable to congress or to
the majority of the people, but they can
not help themselves except in two ways
They may remove him by violence or
they may imDeach him. All the authori-
ties that can be mustered cannot set aside
that fact. Congress may pass resolutions
expressing it's opinion on the Cuban ques-
ton, but II cannot force the President
to recognize its independence while he
occupies his present position. I am not
prepared to say what action congress will
take upon the Cameron resolution, and
In conclusion I wish to repeat that the
trainers Of the constitution, in my judg-
ment, never contemplated a condition OF
affair where the executive and the legis-
lativ. branches of the government would
antagonize each other in the administra-
ton Of our foreign relations"