President Or Congress?

líearly a year ago the two housee oí congress passed a concurrent resolution lecognizing Cuban belligerency. The president deolined to take notice of it on the gronnd that it was merely.concuïïent, uot joint. This winter the reselution introduced into thesenate recognizing Cuban independence takes tire joint form. and its builders suppose it to be mandatory. Here again, bowever, Secretary Oiney steps forward and declares that even though congress should pass the resolution over a veto the president will refuse to act on it, on the ground that the constitution gives the power to recognize a foreign nation exelusively to the president. 1 The particular point at issue is one never before brought forward in contests between the executive and legislativo departments of oor governrnent. The clause of the constitution on wbich the president bases the claim that he, and iie alone, is the proper one to recognize or otherwise Cuban independence is this: "He (the president) shall receive emtiassadors and other public ministers. " 'Senators favoring the Cuban resolution insist, however, that congress, and congress alone, has the constitutional power to recognize foreign nations. They base the claim on the clauses in the constitution of which the following are extracts: ''Congress shall have power to regúlate , commerce with foreign nations, " also "to declare war and to inake all laws which shall be neceesary and proper for carrying into execnticn the foregoing powers, " etc The questicn may possibly be one which will need to be decided by the supreme court. Precedent in this case ia on the side of the cresident.