The herald., 1896-12-19

This moral force probably would mani
fest itself first in enabling the new re-
public to float loan In the markets of
the world and thus obtain the sinews of
war in abundance, for with hepowerful
backing given by this implied expression
Of our faith in the ability of the insur-
gents to achieve and maintain their in
dependence. there can be little doubt
capitalists would take up such an attrac-
tive loan Then the Cubans would be
represented in Washington by fully
accredited minister and legation, In
place of the unofficial representation
they are now obliged to be content with.
If the Cubans could manage to put
forth war ships or even privateers their
nag would admit them to United states
ports under the protection of the neu-
+. trality laws. though it is true our gov
erument having in mind the Geneva
award. could not tolerate the fitting out
of such privateers originally in ourown
ports.
However, the privateers could bring
their prizes into our ports and would no
longer be kept from the seas by fear or
denunciation as pirates. Furthermore,
as this recognition of independence
would involve the recognition of state
of war, neither the Spanish gvernment
nor the Cubans would be permitted to
equip warships or military expeditions
IN the United States, and this country
would observe strict neutrality toward
both parties, just as it did between Chi
ma and Japan in their late war
One i'll effect upon the United states
itself of the proposed action would be
the total loss of all claims for indemn-
ity for American property destroyed
during the insurrection which now may
lie against Spain. for our action would
relieve her at once of responsiplilty' AS
the Spaniards themselves, however, are
prepared to prefer large claims against
the United States for the damage
! wrought by filibustering expeditions.
this less in measure may be OFFSET Of
course, too, by recognizing the Jurlsdlc-
tion of the Cubans over their island, we
would be able to hold them responsible
for further losses of this character.
All of these gains to the Cubans after
all. are largely theoretical in value What
the insurgents undoubtedly expect and
ardently hops for. in the opinion of the
state department people, is the preclp1-
tation of war between the United
States and Spain, as the latter power
more than once has intimated that such
! action on our part as the recognition OF
the independence of the Cubans would
he an unfriendly act and such authori-
: ties as Wharton concede that it would
; be q sufficient casus bell
An interesting precedent in this line
and, by the way, one supporting the as
sumption that war will result. is the
history of the action of our government
in recognizing the independence OF
Texas.
In a report made by Senator Clay of
the committee on foreign relations in re-
spect to the recognition of Texas, are
the following passages. possibly appilca-
BILE to the present case:
1.-The right of one Independent power
to recognize the fact of the existence
of a new power about to assume a posi-
ton among the nations of the earth, is
incontestable. 1t is founded upon an
other right; that which appertains to
every sovereignty, to take care OF It's
s. own interests by establishing and
cultivating such commercial or other re-
lations with the new power as may be
deemed expedient. Its exercise gives no
lust ground for war. The policy which
has hitherto guided the government of
the United States with respect to pow
ers has been by the subversion of pre-
existing government or by the voluntary
or violent separation of one from anther
part a common nation.
"But with respect to new powers. the
. recognition of their governments COM
prehends first an acknowledgment OF
their ability to exist as independent
. states, and secondly. the capacity OF
their particular governments to perform
the duties and fulfill the obligations to-
ward foreign powers incident to their
new condition"
Some speculation is indulged in at
the capital as to the condition of affairs
in case the resolution was vetoed by the
president and become law over the
presidents veto. The question of the
right of congress to recognize any form
of government in Cuba would be in
volved and different views are held as
to whether congress or the executive has
the right of recognition.
One senator discussing this matter to-
day instanced a case which might arise
IL there was conflict between the eX-
ecutive and congress on this point.
Cuban expeditions might be fitted out
and would attempt to sail from a Uni
ted States port. From orders of the eX-
ecutive the revenue cutters would pur-
n
neutrality laws. The case would then
be taken into the United States courts
on the legality of the joint resolution
which becomes a law without the prest
dents signature and the issue would be
whether or not Cuba had been recog-
nized by the action of congress alone.
All these various questions have been
discussed and it it believed will be
quite thoroughly gone over when the
resolution comes up in the senate.
LACKS INFORMATION.
WASHINGTON. Dec. 1s.-The depart
ment of justice has not yet received any
official information of the enlistment ol
companies of men in different parts oil
the country with the view of joining the
irsurgent forces in Cuba. nor can it be
authoritatively stated just what course
would be pursued by the government
should these enlistments be brought off