The herald., 1897-01-26
on spain,s control Of Cuba and give i


to show that the commerce clause
Of the constitution giving congress
power over commerce was not restrict
ed to trade and traffic, but was COM
merce meaning intercourse, and ex'
tended to the intercourse between tine
United States and all foreign govern
ments and people.
This power of congress was so pri-
mary and paramount, Mr.. Turpie assert
ed, that congress could execute the
powers of the president, even to the
appointment of q postmaster, minister
or an ambassador. if the executive
branch failed to perform its functions
as established by law. When congress
made q law as to the relations which the
United States was to sustain toward 2
foreign government, it could perfect all
acts to carry this law into execution,
even to the appointment of temporary
diplomatic officers in case the executive
failed to act.
The senator said there was close anal
ogy between the admission of a new
state and the recognition OF a new
government. Congress had the para :
mount power as to admitting a state.
When 1t made a law admitting state,
that state must come in. Inc presi-
dent might withhold the proclamation;
he might refuse to appoint officers, but
the law stood and the state must ulti-
mately come in.
And. pending this eXecutaive mac
tion, congress had the paramount power
to name temporary federal officers for
the new state, in order that the law
should not be nullified. These and like
powers and rights of congress were
primary, while that CT the president
was auxiliary and secondary by the
same line of reasoning Mr.. Turpie held
that congress had the right to recog
1lize a nation as it did new state.
Recognition of a new government
might be made in several ways, by send
ing o. minister, by receiving a minister.
by proclamation or by treaty. But IN
all cases it was the execution of the an
cillary power.
While the presidents action was final
ir such cases, yet his inaction was not,
and congress, after waiting a reason
able time, could direct the president to
recognize a new government ana send
a minister Every line of the constitu-
tion, said Mr.. Turpie, leads up TO the
supremacy of the people as represented
by congress- and not to the supremacy
OF the president
Mr.. Turpie said the passage Of the
Cameron resolution as to Cuba would
be the exercise of but a small part OF
the paramount power of congress The
senator had at first favored due refer
ence to the president as TO Cuban resolu
tions, but owing to recent statement
by the secretary Estate of all difference
had been put aside, and if put aside on
one hand, there was no obligation for
its observation by either side.
At 2 O'clock the special order. the
Bankruptcy BILL was temporarily laid
aside to allow Mr. Turpie to proceed.
Returning to the status of affairs in
Cuba, Mr.. Turpie said he had evidence
before him that the Cubans had COM
plete organization, with courts, ETC., as
far back as October of last year.
Spain herself admits the existence of
belligerent army, and all her acts are
in recognition of the fact that war is
f1agrant. If this was not true, why
We're the trochas built across the island?
Why, if not to prevent the insurgents
from taking possession of Havana? The
trocha showed a limitation of Spanish
authority, as the Roman wall in Britain
showed limitation of Roman author
ity in that island.
How inconsiderate to say, said Mr..
Turpie, that the death of Maceo ended
the contest
''Maceo is dead but the Cuban cause
still lives" he exclaimed.
He went on to speak of the fall of Gen
Warren and Gen. Montgomery in Amer
lean annals Their deaths had not
stopped the independence of the United
States. The senator recalled circum-
stances of Maceo's death and the report
tiidC III. AeTluCHd, LOT SoD,UUU, mad be-
trayed Maceo to his death. Spain WINGED
under this charge, he said and added:
This general, Weyler, who uses his
sword agaist women and children:
this general, who meets the foe with
paper bullets; this Herod of Havana. !
was compelled to issue a denial OF the
report"
The senator threw intense vigor into !
his Characterization of the "Herod of
havana and there was a noticeable |
stir in the galleries.
This indescribable, diminuiive rep /
tile, who is termed captain general of |
Cuba" Mr. Turpie went on. gave no
title to Maceo in issuing this denial. al
though Maceo was a ma ior-g general"
The senator said Weylers course re-
called that of enemies of the United
states, who addressed the first president
as Mr.. Washington" Mr.. Turpie paid
a glowing tribute TO Maceo, and said
that, like the memory of the American
heroes to Americans, so would the mem
ory OF Maceo be perpetuated in the
hearts of Cuba libre. The existence of
the Cuban republic, with complete func-
tions, giving the protection to it's peo-
pie in the state of Oreute alone, was so
patent that the recognition should be
made before the next sun sets.
Speaking of the advantage of recogniz-
Ing the belligerency Of the insurgents.
-"A- Iui PIC Sdlu II WuuiU glNc the lnSur-
gent government a status in issuing
bonds; it would permit the granting of
letters of reprisal for the fitting out of
the privateers; it would break the ma
rine trocha around the shores OF Cuba.
which was infinitely more menacing
than the 'Wirefence trocha" on the
island. 1t would drive Spanish COM
merce from the ocean; it would bring
complete recognition to the new repub-
lie; 1T would submerge Spanish bonds
and securities, already down to the zero
mark. The senator read a statement
that Spanish certificate had been on
sale recently in New York bringing on
1irst bid 10 cents and on the second bid
IL cents on the dollar.
At this point. 8 o'clock, Mr.. Turnia
yielded for the special order, eulogies on
the late ex-Speaker Crisp. The tributes
were heartfelt and impre ssive. and were
followed with close attention by the
large number Of senators and members
present, number OF Mr. Crisp's old as
sociates in the house coming over for the
exercises. His son and successor in
congress, Charles r. Crisp also was pres
ent
Mr.. Gordon of Georgia, after reviewing
Mf Crisp's busy and successful career.
salo ms lie was sermon a psalm. an
inspiration; his death bereavement to
society. to the state and to the public
The other senators delivering eulogies
were Messrs. Gallinger, Berry Mills.
Carter Daniel and Bacon.
AT 4:20 p. m. the senate adjourned.
IN THE HOUSE.