The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-01-14
EXECUTIVE AsSAlLED
The Power to Recognize a New Government
Rests Solely With Congress.
oLNEY'S BOLD DEFlANCE.OF AUTHORITY
president nnd Secretary of state
inve Challenged the. Power of
Congress and Oincy Even threat
ems il with tho vctO-A Lengthy
Speech by senator Bncon.

Washington Jan. 1S.-The Senate
spent the first two hours of days ses-
sion behind closed doors. in the consid-
Grafton of executive business Uhe en-
tradition treaties with Argentina and
the Orange Republic), and the remand
er OF the day was occupied in the de-
livery of a speech by Mr.. Bacon, of
Georgia, on the question whether the re-
cognition of a new power was an exec
utive or Legislative act.
His contention was that it was n legis-
lative function; one exclusively for de-
termination by Congress. Even where
the recognition was by the President, It's
validity, Mr.. Bacon argued, was derived
from the assent Of Congress, either di-
rect or implied. If the President had
such exclusive power, it was greater
than any which any constitutional mon
aroh welded.
Never. Mr.. Bacon said, was challenge
OF power more sharply made 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
MIR. BACON's SPEECH.
Mr.. Bacon introduced his subject by
remarkinB that IN December last he had
introduced concurrent resolution which
had been referred to the judiciary Com
mttee. declaring that the question of
the recognition by this government of
any people as free and Independent
nation Is one exclusively for the deter
m.nation of Congress. AS he could not
call up his own resolution he would
make Mr.. Mills resolution the text OF
his remarks.
1t was undeniable, he said. that all
legislative power was vested by the
Constitution In Congress, except as mod
flied by the Pres dents right OF veto;
and. therefore, the test of whether the
recognition of a government belonged
to the executive or to Congress was
would such recognition make that law
which was not law before?" If it did,
then the power lay in Congress and not
in the eXecu i've. He argued that the
recognition of new power did create
new legal status, and was therefore eX-
clusively within the province of the law
making power.
CONGRESS MUST ASSENT.
When the act of recognition was by
the President 1t derived Its validity
from the assent OF Congress. either di-
rect or implied. His proposition was
this:
THAT the ultimate power to determine
whether n nation should or should not
he recognized was in the law making
branch of the government. and that
when that branch. in full knowledge of
what Is going on, permits the executive
to act In the matter. 1t IS confirmation
of the Presidents act.
Mr.. White ODem.j, of California, put
the case of the recognition by the pres
ence of minister representing new
government. and asked MIR. Bacon whe-
ther that recognition was final and
bound Congress and the country.
Mr.. Bacon gave a decidedly negative
response, and when Mr. Hale followed
up MIR. Whites suggestion by asking
whether Congress might order such Min
lister 20 be sent home, Mr.. Bacon's re-
sponse In the affirmative was equally
as positive.
Mr.. Bacon went on to argue that IL
the President had the sole and exclusive
power of recognizing or refusing to re-
cogniZe a new government, no monarch
ever welded q more absolute power.
and there was not on earth to-day a
constitutions: monarch that welded
such power. 1t was safer he argued,
that the determination of such a great
question should not be within the con-
troll Of one man. but should be under the
control of the law making power.
AUTHORITY BOLDLY DEFIED.
'"rhe Secretary of State" Mr.. Bacon
continued. has denied the power OF
Congress. has defied its authority and
has proclaimed through the press to for
eisn nations that even if such pro-
posed action shall be placed on the sta
tute books In the form of law. the Presi-
dent will not obey It, He has practically
threatened Congress with the veto of
the President. and has added that If
passed over the veto It will be thrown
back In the face of Congress rs so
much waste paper. Never was challenge
of power more sharply made. Never
was defiance of authority more boldly
given"
Mr.. Bacon spoke for nearly three
hours, most of the speech being de-
livered from manuscript. The Mills re-
solutions remain on the table.
Mr.. Gear, Republican. OF Iowa, chair
man of the Pacific Railroad Committee.
introduced bill which was referred to
that committee. appointing the Secre.
tary OF the Treasury the Secretary of
the Interior and the Attorney General
@ commission to settle the Indebtedness
OF the bond-aided Pacific railroads to
the government
The Senate then. at $40 p. m, ad-
3ourned until tomorrow.
HOUSE OF REPRESENTATIVES.