Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-04-12
Speeches on the Subject in Both
Houses of Congress.
LEGAL ARGUMENT BY SENATOR PEfTUS
Followed by Senators Mason and
Butler.
DISTRICT NAVAL MILITIA

Great crowds were again today attracted
to the Capitol by an expected discussion of
the Cuban situation. Especially was this
true of the Senate side. as the announce
ment given yesterday by Mr.. Mason Ql1)
that he would address the Senate today
on the subject of recognition of Cuban in
dependence served to assure those who
gained admission to the Senate galleries
that they would be repaid for their COM
ing In consequence the galleries were
filed an hour before the Senate convened,
although the crowd about the corridors
was by no means so large that of yes
terday.
The chaplain in his invocation referred to
the present situation. At this momentous
time. he said. a solemn responsibility rests
upon the Senate and House of Representa-
uves- involving the interests of two ma
tons. great island and the entire civilized
world He pdayed that Congress and the
country might he guided by the hand of the
Great Ruler of all, to the end that TRUTH
justice and righteousness might be estab-
iished on earth forever.
Mr. Hale (Maine) reported from the COM
mittee-on appropriations the naval appro-
prittion bill. and gave notice that he would
call ii up for consideration as soon as the
suudry civil bill was disposed of.
Revolutions Regarding Cuba
Mr. Lindsay Ky) offered the following
joint resolution ard asked that it be laid
on the table:
First That the contemplated military
operations against the Spanish armies on
the Island of Cuba should be carried on in
concert with the military forces under the
command of Gen. Maxine Gomez; such
concert 10 be secured through arrange
nents between this government and the
Cuban revolutionary authorities recognized
by said Gomez, and that any offer looking
TO such arrangements that may be made
by these authorities should be favorabIy
considered. provided it shall concede to
the commanding officer of the United
States the right to control and direct all
military operations.
Second. That all such military opera
lions SHOULD be carried on to the end that
the Independence of the Cuban people may
be secured
MIR. Wilson tWash) introduced the fol-
lowing joint resolution:
Whereas the conditions which for three
years past have prevailed and are now
prevailing in the Island of Cuba have be-
come intolerable to the people of the United
States:
Therefore. be it resolved. That the Presi-
Gent of the United States is empowered
and directed to take at once such steps as
r.ay be necessary to put an end to hos
t:lities in the Island of Cuba and to secure
TO the Inhabitants of that island stable
and Independent republican form of gov
eminent. and the President of the United
States is empowered and directed to use if
necessary. the land and naval forces of the
United States to make this joint resolution
effective"
AT Mr. Wilson's request the resolution
was referred to the foreign relations COM
mittee
Following this came resolution from
Mr.. Allen tNeb) declaring that a state of
war existed between the United States and
Spain. 1t was as follows:
hat state of war exists between the
United States of America and the kingdom
OF Spin, and that the political existence
and matte Lai independence of the republic
OF Cuba ROW, and for sonic time, MAIN
tanned by force of arms, is hereby recog-
nized- That the President is empowered
and directed 10 at Cnce take such efectual
steps as may be necessary to secure an
imnt date termination of hostiities IN
Cuba, and an Independent and stable gov
eminent By the people thereof, and to en-
able him 10 carry out the purposes of this
resolution. he is hereby empowered and di-
rected To use the land ard naval forces of
the Unit ID States"
The resolution went over under the rules
Mr. Pasco (Fla.) presented joint resolu-
ton directing the President to use not to
exceed 5000 of the fund appropriated by
Congress 10 relieve American citizens in
CUBA, for the relief of American citizens
and others who have recently landed in
Florida from Cuba.
Florila were doing all in their power to
assist the refugees, their means were linn
ited- Tine resolution was agreed TO.
Argument by Mr. Pettus.
Mr. Pettus (Ala) presented legal argu-
ment upon the authority of Congress and
the President. under the Constitution, in
declaring and prosecuting 4 war.
He said that these constitutional Iimita-
lions were ancient landmarks which our
fathers have set. He pointed out that this
government was rot a mona rchy, in which
the President might intervene or use the
army or navy at his will to make war As
Congress alone has power to declare war,
II also has power TO limit it. 1t may de-
clare general or special war against
arother nation.
But Congress mas no authority to delegate
officer. III war is TO be waged Congress
must order what shall be the nature of the
was declared. and. commander-in-chiet
OF the army and navy. the President must
carry on the war directed by Congress
ard iii no other way.
II would not be within it's limitations fol-
Congress to confer upon the President au.
thCTity 10 wage war at mis- discretion.
Yet. what are We advised to DOR in.
quired MIR. Pettus. If you boil the words
down 10 their true meaning 1t is evident
that We are advised to delegate to the
President the power to Intervene and make
war If he sees fit. without any declaration
of war at all War made in such a man
ner-without a declaration of Congress
would be a disgrace to the nation"
When Mr.. Pettus had concluded, Mr.
Allen endeavored to secure the passage Of
bill just received from the House. tt
this Mr. Mason Qll.), who had announced