358 WRIGHT-POWER TO MAKE POLITICAL DECISIONS. 



The Congressional Resolution of April 20, 1898, which asserted 

 that "the people of the Island of Cuba are and of right ought to 

 be free and independent" has been cited as an exception but the 

 resolution went on to " direct and empower " the President to use 

 the army, navy and militia to " carry these resolutions into effect." 

 It was in fact and was understood at the time to be a declaration 

 of intervention and not a recognition.-* As Senator Morgan of 

 Alabama said, it was "not a historical declaration of the existing 

 facts or situation, but it is a high political decree, ... a basis of 

 political action." ^s 



195. Claim of Congress to Recognition Power. 



On several occasions, the power of recognition has been claimed 

 for Congress. Thus said Henry Clay in the House of Represen- 

 tatives : ^® 



*' There are three modes under our Constitution in which a nation may 

 "be recognized : By the Executive receiving a minister ; secondly, by its send- 

 ing one thither ; and, thirdly, this House unquestionably has the right to 

 recognize in the exercise of the constitutional power of Congress to regulate 

 foreign commerce. . . . Suppose, for example, we passed an act to regulate 

 trade between the United States and Buenos Ayres; the existence of the 

 nation would be thereby recognized, as we could not regulate trade with a 

 nation which does not exist." 



However, Clay's original motion which provided salary for a 

 minister to the " independent provinces of the River Plata in South 

 America " was withdrawn and his substitute omitting the term 

 " independent " and adding that the salary was to commence " when- 

 ever the President shall deem it expedient to send a minister to 

 the said United Provinces " failed to pass.-' 



On this occasion, as later, the better opinion held that the power 

 to recognize was vested exclusively in the Executive. Thus John 



2* Richardson, Messages, 10: 72. See also Latane, Am. Jl. Int. Law, 12: 

 899 (Oct., 1918), criticizing statement in Corwin, op. cit., p. 80. 



^^ Cong. Rec, 55th Cong., 2d sess., Appdx., p. 290; Corwin, op. cit., p. 81. 



26 Sen. Doc. 56 (cited supra, note 8) , p. 32 ; Corwin, p. 76. See also 

 notes of Secretaries of State Buchanan and Clay, Moore, Digest, i : 245-246. 



^"^ Moore. Digest, i : 82. A later resolution passed the House of Repre- 

 sentatives, ibid., 1 : 84. 



