The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-07

In apt to pTeCipltaIe upon the vessels.
both commercial and national. and
ers, calls for the definition Of their re-
Iations to the parties To the contest.
Considered as question Of expediency,
/ regard the accordance Of helligerent
rights still to be as unwise and prema~
ture as ! regard IL r. he. at present. in
defensible as measure of right.
Such recognition entails upon the /
country according II the rights which
flow from its difficult and complicated
duties and requires the exaetion from
the contendng parties of the strict OBJ
servance of their rights and obliga-
tions. 1t confers the right of search
upon the high seas by vessels of both
parties; ii would subject the carrying
of arms and munitions Of war, which
may now he transported freely and
without interruption in vessels Of the
United States. 10 detention and Ia pos
sible seizure. il would give rise TO
countless xexatious questions; IL would
absolye the present government from
responsibility for acts done by the in
surgents and would invest Spain with
the right 10 exercise the supervision
recognized by our treaty OF 1875 over
our commerce on the high seas, a very
large part Of which is In traffic between
the Atlantic and the Gulf states, ana
between all of them and the states on
the Pacific and through the waters
NnlCh WASH the SHORES III 3uba. liz
exercise of this supervision could
scarcely fail To lead. Ii not t. abuses,
certainly 10 collisions. perilous 10 the
peaceful relations of the two states.
There can be little doubt as To what re-
suit such supervision would before long
draw this nation. Ii would he un
worthy of The United States 10 inau-
gurate the possibilities of such result.
by measure nf questionable right or eX-
pediency, or by any indirection
Recognition of Beliigerencs.
Turning To practical aspects of rec
ignition of helligerency and viewing It's
Inconvenience and positive dangers,
still further pertinent considerations
appear. In the code of nations there is
no such thing as naked recognition
OF heiiigerency nnaccompanied by the
assumption Of international neutrality.
Such recognition without more viii not
confer upon either party IL a domestic
conflict a status not heretofore actu~
ally possessed or affect the relation OF
either party 10 other states. The act
of recognition usually takes the form
of q solemn proclamation of neutrality
which recites the de factn condition Of
beliigerency as it's motives. ii an-
neunces domestic law of neutrality
in the declaring state II assumes The
international obligations of "A neutral IN
the presence OF public state al war.
ii warns dlt 1llfLBllS anu bAIi#1S MiAHHt
the jurisdiction of the claimant that
they violate those rigorous obligations
al their own peril and cannot aNnecI
To be shielded from the consequence
The right Of visit and search nn the
high seas and seizure of vessels aud
cargoes and eontraband Of war under
admiralty law must under information
al law be admitted as a legitimate con-
sequence OF 4 proclamation Of the belllg-
erency. While according equal hetlig-
erent rights as defined by public LAW,
tn each party in our ports. dislaNors
would he Impossible to both. which,
while nominally equal, would weigh
heavily in behalf of Spain herself. Pos
sessing "A navy and claiming the ports
OF Cuba, her maritime rights could be
asserted not only for the military in
Nestment Of the island, but up ~ the
margin Of our own territorial waters.
and a condition Of things would exist
for which the cuhans could not hope TO
create a parallel.
The enforcement of this enlarged and
onerous code Of neutrality would only
be influential within auf own jurisdic-
tan of land and sea and applicable by
our own instrumentalitles. 1t could
impart To the United States no jufs-
diction between Spain and the insut
gents. Ill would give the United
States no right of Intervention To en-
force the conduct Of the strife within
the paramount 0hAbHiilS ~ t9ttAltii -
corling To The international code Of
war
Inwfse aud natlmissabie.
For these reasons ] regard the reeoR
milton of the bellgerency of the Cuban
insurgents ar now nnwise. therefore i'm
admissible Should that step here
after he deemed wise, as a measure Of
right and duty, the executive VIII take
Il.
Intervention upon humanitarian
grounds has been frequently suggested
and has not failed TO receive my most
anxious and earnest consideration. But
should such a step be now taken when
IL is apparent that a hopeful change
has supervened i'm the policy Of Spain
toward Cuba? 4 new government has
taken Office in the mother country. IL
is pledged in advance to the deelafa-
tion that al 1.-THE efforts in the world
cannot suffice 10 maintain peace In
cuba by the baNanet; thai vague
promises of reform after snhjugation
afford no solution of the insulaf pfhb-
lem, that with substitution IT conf
manders must come "A change Of the
past system of warfare for one la haF-
mony with new policy which shall no
longer aim To drive the Cubaas To the
horrible alternative 81 taking ~ thE
thicket or suecumbing In misery that
reforms must be instituted IN areard :
ailIp with the needs ana ttEf.NiftlSt itAts-
Of the time and thai these reforms
while designed 10 give full autcaomX
10 the colony and To Great virtual
entity and seif-controlled administta-
/ ton. shall yet conserve and affirm tine
sovereignty If Spain by a just distfi
button of powers and burdens upon 4
basis Of mutual interest uHtafnted hS
methods of selfish expediencS.
The first acts Of the new government
lie IN these honora bic paths The policy
IF cruel rapine and determination that
So long shocked the universal Sent1-
ment Of humanity has been reversed.
Under the new military commander 4
broad clemency Is proffered. Measures
have already been Fet on foot 10 re-
iieve the horrors OF starvation. The
power Or The SPANS Harmless, il II as
serted. is TO be used not Ia spread ruin
and desolation. but to protect the re-
sumption Of peaceful agricultural pur-
suits and productive industries. That
past methods We're futile 10 force 4
peace by suhjugatiOn is freely admitted