New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-14
BACON REPLIES TO OLNEl.
HE CONTENDS THAT RECOGNITION is A
LEGISLATIVE FUNCTION.
A PRESIDENT WELDING SUCH POWERS HE As
sERTs WOULD BE AN ABSOLUTE Nun
ARCH - THE CONSTITUTIONAL.

A PRESIDENT WELDING SUCH POWERS HE A.
sERTs WOULD RE AN ABSOLUTE MON
ARCH - THE CONSTITUTIONAL
QUESTION INVOLVED
Washington. Jan ls.-The resolutions offered last
week by Mr. Mills dem. Tex asserting the au-
thority of Congress in the recognition OF foreign
governments and recognizing the independence
of the Republic OF Cuba were taken up
in the Senate to-day. and Mr. Bacon 'pem''
Ga) spoke them. He said that IN
December last he had introduced a concurrent
resolution which had been referred to the Jul
dietary Committee declaring that the question OF
the recognition by this Government Of any people
as free and Independent nation IS one exclusively
for the determination OF Congress As ne cond
not call up his own resolution he would make MI
Mills's resolution the text of his remarks.
1t was undeniable. he said. that all legislative
mower was vested by the Constitution in Congress
excep; as modified by the Presidents right Oh Ve'o
and therefore the test OF whether the recognition
Of a Government belonged 10 the Executive or 20
Congress was Would such recognition make tha'
law which was not law before? If 1t did. then the
mower Law in Congress and not In the Executive
He argued that the recognition of new Power dio
did create a new legal status ana was 'ne'e
fore exclusively within the province OF the law
making power.
Mr. Bacon went on TO argue that II the fresF
dent had the sole and exclusive power OF recoe-
MIXING or refusing 10 recognize new government
no monarch ever welded more absolute power.
and there was not on earth to-day constitutional
monarch that welded such power. II was sarer'
he argued that the determination of such great
question should not be within the control Oh one
man but should be under the control OF the law
making power. ,,
The Secretary Of State" Mr.. Bacon continued
mas denied the power OF Congress. has dehed It's
authority and has proclaimed through 'he pres
10 foreign nations that even If such proposed ne
,,o, sbau no placed on the statute-booR IN uu I
form OF law the President Will NOT oney H. ~
as nractcally threatened Congress Win ,'e 1000
~ The President. and has added that II p"s 80
over the veto ii will be thrown Dack III WY nc q
- Congress as so much waste paper Never W.
challenge Of power more Sharply maze atTo,
Was defiance Of authority more pololN 81 pres,
When the act of recognition was pN ' he 90
don't II derived its validity from me ~,
Coneress either direct implied HIS pIooos.iiu,
ros this That the ultimate power 10 de'eIi
whether a nation should or shoulu io' w. Coz
,,zcd was in the law making brancn ot
nrnment and that when that branch N nun ~, 70
lice nj what is going permits the r.Necu D., ~
in the matter, II is comm W "
dents act. . 49,. oosa Of no recoe-
Nv White Dem. CALI put the case OF lne iu.U 10
,,,,on nv the President Of Minister represss,hns
a new Government and asked MT Sdsol, ms a nd
that recognition was final and bounu 'ois'e'' "''
ny Mr. Bacon gave decidedly negative Iespop Ne
90 when Mr. Hale tRep Me) followed up ni
aVbi,e.s question by asking whether Consrs1ss
might order such Minister 10 De sen. noi IT, y
maenn,s response in the affirmative was equal!
nositive Mr. Bacon spoke for nearly three noui =
most of tho speech being delivered from mann"
i in The resolutions remain ON the table -, .
The Senate at $40 p m aulou'n'u "''' "
morrow.