The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-07-23
PUBLISHED AND EDITED Bf
HENRY VI. WHITNEY.

! of neutrality and of absolute eepd[u'i"h -
| foreign entangIing alliances, which resuiteu ~
l7gI in the first municipal enactment ior the
observance Of neutrality. ,,., tos
The duty OF opposition To hlhousVci H'S Il7
been admitted by the President. lt mas OeeH
one of the constant cares OF the OoVernhent Vi
the United States 10 prevent pIratcsil e3
aoainst the feeble South American RepuDhcs
from leaving our shores. In no country are men
,Vantino for any enterprise that holds out a
promise of adventure or gain. In the early days
of our national existence, the whole continent C1
America outside of the United States, ana al lts
islands were colonial dependents on European
novers The revolutions which, from 1910, !
lTnread almost simultaneously throughout tie
SuanisA rneriean colonies, resulted IN the estab-
Tbn,ent of new States like ourselves, of European
orioin and interested in excluding European I!
roIitics and tue question of dynasty and balance
OF :;Jwer from further influence in the New
World The American policy of neutrality, !
important before. becomes doubly so from the |
fact that it became applicable to the new repub-
lies a. we'll tn the mother country. IL then |
deyolyes upon US to determine the great nterna-
tional question, at what time, and under what
circumstances to recognize a new power as
entitled to place among the family of nations,
as well the question of the attitude To be
observed by this government towards the insur-
rectiunaFy party pending the contest. Mr..
Monroe cOncisely expressed the rule which has
controlled the action of this government with
reference to country pending It's struggle, by
saying soon as the government assumed such
steady and consistent form as TO make the success
of the province probable, the rights to which
they were entitled by the laws of nations as
equal parties TO a civil war, extended to
them. The strict adherence of this rule has
been of the highest hOnors of American
craftsmanship, and has secured to this govern
ment the confidence of the feeble powers of this
continent, and which inclined them to rely on
the friendship in the absence Of all signs Of
conquest, and to look to tine United States for
example and moral protection 1t has given to
this government position Of prominence and of
influence, which it should not abdicate, but
which imposes on it the most delicate duties of
right and honor regarding American questions
whether those questions affect emancipated colo
MES colony still subject to European dominion.
The question of beiigerency is one of fact not
TO be decided by sympathy or prejudice against
either party The relation between the Spanish
troops and the insurgents must amount, in fact,
to war. The fighting, though fierce and pro-
tracted does not alone constitute war. There
must be military forces acting in accordance with
the rules and customs of war, flags of truce,
exchange of prisoners, ETC., and to justify bei
gerency there must be above all de fdctO politi
cal organization of insurgents sufficient in char
acter and resources to constitute, if left ITSELF
State among the nations, capable of discharg- !
ing Its duties, and meeting Its just responsibilities
1t may incur, such, toward other powers in /
the discharge of its national duties. Applying !
the best information which L have been able to |
gather, whether from official or unofficial re- |
sources, including the very exaggerated state !
ments which each party gives to all that may
prejudice the opposite or give credit to its own
side of the question, am unable to see in the !
present condition Of the contest in Cuba, those
elements which requisite to constitute war IN
the sense of international law.
The insurgents hold no town or city; have no
established seat Of government; they have no
Prize Court; no organization for receiving or
collecting revenue; no seaport Ito which prize
may be carried, or through which access can be
had by foreign power to the limited interior
territory and mountain fastness which they !
occupy The existence of Legislature repre- !
sentIng any popular constituency is more than /
doubtful in Its uncertainty. There is no proba- |
BILE evidence OF election; of any delegated |
authorities Of any government outside the limits
OF the camps occupied from day to day by the |
moving companies of the insurgents There is |
no commerce, trade, either internal or foreign
no manufactures. The late Ccmmande-in-C Chief !
OF the insurgents, having recently to the |
United States, publicly declared that all COM
mercial intercourse and trade with the exteriCr !
world has been utterly cut off, and he further |
added: '' To-day We have not ten thousand |
arms IN Cuba 1t is a weIl-established princi- |
pie OF public law that i recognition by foreign
State of belligerent rights to insurgents under !
circumstances such as now exist in Cuba. il not /
justified by necessity is demonstration of moral
support to the rebellion. Such necessity NAV |
hereafter arise, but it has not vet arisen, nor is
its probability clearly to be seen. If it be war
between Spain and Cuba and be recognized IL ia /
our duty to prOyidaifor the consequences which |
may ensue i'll the embarrassment of our COM
merce and the interference with our marine If
belligerency be recognized the commercial marine |
Of the United States becomes liable to search and |
seizure by the commissioned cruisers of both
parties, and they have become subject to the
adjudication Of Prize Courts. Our large coast
wise trade between the Atlantic and Gulf States |
and between both and the Isthmus of Panama
the other States Of South America engaging the |
larger part of our commercial marine-uasses of |
necessity, almost within sight of the island of |
Cuba. Under the treaty with Spain of 1895, as |
well as by the laws of nations, our vessels will |
be liable to visits the high seas. In case of |
belligerency, the carrying of contraband goods, |
which now is lawful, becomes liable to risks of |
seizure and condemnation.
In view of the gravity of this question, have |
deemed 1T my duty to invite the attention of the |
law-Inaking power of the country TO all the rea- /
tiOns and bearings of the question in connection |
with the declaration of neutrality aud granting of
belligerent rights. There is not a de facto Gov
eminent in Cuba sufficient to execute the laws or I
to maintain the just relations with other nations
Spain has not been able to suppress the opposition
to Spanish rule on the island nor to award speedy
justice to other nations TO citizens of other ma
tiOns, when their rights have been involved |
There are serious complications growing out of |
the seizure of American vessels upon the high
seas; executing American citizens without proper
trial, and con6scating or embargoiDg the property
OF American citizens. Solemn protests have been
made against every intrusion on the rights of citi-
zens of the United States, or our flag upon the
high seas, and all proper steps have been taken,
and are pressed for proper reparaton for every in
dignity complained of. The question of belliger-
ency, however, which is to be decided upon def
mite principles, and according to ascerained facts
is entirely different from, and unconnected with, |
the other questions of the manner in which the
strife is carried on both sides, and the treat
ment of our citizens entitled TO our protection.
These questions coucern our own dignity and re-
sponsibiIity, and they have been made. as L have
said, the subject of repeated communications with
Spain, and of protests and demands for redress on
our part. 1t is hoped that these will NOT be dis
regarded but should they be, these questions
will be made the subject Of a further communica-