Daily capital journal. (Salem, Or.) 1896-1899, 1897-12-07


+ are already wellt igh reclaimed: tba
{ tie T.antinz o. cane and tonacco there
J IN has been resun ed and that BY fore
u arms and new and ample reform
very early and complete pacidcation 4
! hoped for.
The immediate amelioration Of exist
ing conditions under The new admins
traion u Cuban affairs IS predicted ans
therewithal the disturbance and all oc.
czzsion for any change Of attitude on the
part Of the United States.
Discussion Of the question Of inter
ssionsl duties and responsibilities OF
he United States as Spain understands
them. u prssented with an apparan,
disposition to charge Us with failure in
this regard. This charge fs without
any basis in fact. Il could not have
been made II Spain had been cogni-
zent Of the constant efforts
tbs government has made at
the cost Of millions and BY
the employment Of the administrative
machinery at the national command to
TtrfOrm its full duty according 10 the
! law Of nations. That * has successful
/ " prevented the departure Of a single
I military expedition OF armed vessel
/ from orr shores in ~iolation Of orr laws
sculd seem 70 be a sufficient answer.
/ But on this aspect Of the Spanish note
{ is not necessary to speak further
1ow. Firm in the conviction Of a
shoily performed obligation. due re-
/ sponse 20 this charge has been made
diplomatic issues. Throughout all
/ these horrors and dangers to our own
I peace. this government has never In
any way abrogated its sovereign pre-
/ r. gatives Of reserving to itself the de-
| termination Of its policy and course ac-
ccrding 10 its own high sense Of right
and In consonance with the dearest in
erests and convictions Of our own peo-
pie should the prolongation Of the
/ strife 50 demand OF the untried meas
ires there remain only: Recognition
Il the insurgents as belliger-
ents; recognition Of the independ-
ence Of Cuba; neutral Intervention to
end the war by imposing a rational
compromise between the contestants
and intervention in favor Of one or the
other parry
Il speak not Of forcibie annexation
| for that cannot be thought Of That
Jy our code Of morality would be GRIM
inal aggression. Recognition Of the
belligerency Of the Cuban insurgents
las often been canvassed as possible
4 not Inevitable step, both in regard to
the previous ten years struggle and
3Iring the present war l am not un-
mindful that the two houses of con-
sress, in the spring Of 1896, expressed
he opinion by concurrent resolution
that a condition Of public war existed
-equiring or justifying the recognition
II state Of belligerency in Cuba, and
during the extra session the senate
.oted a joint resolution of like import
which, however, was not brought to a
vote in the house. In the presence of
these significant expressions of the SEN
timent Of the legislative branch, Il be-
hOOyes the executive to soberly con-
slider the conditions under which so
important a measure must needs rest
for justification. 1t is to be seriously
considered whether the Cuban insur-
rection possesses beyond dispute the at
tributes for statehood, which alone can
demand the recognition Of beLligerency
in its favor. Possession, short OF the
essential qualifications of soverei gnty,
by the insurgents and the conduct Of
the war by them according to the rec
Ognized code Of war, are no less i'm
portant factors toward the determine
don of the problem Of belligerency
than are the influences and conse-
ternal policy of the recognizing. The
utterances Of President Grant, in his
memorable message of 1859, are signal
ly relevant to the present situation In
5Uba, and it may be wholesome now to
ecaH hem. At that time a serious
conflict had for seven years wasted the
neighboring island. During all those
years an utter disregard of the laws Of
iVilized warfare and of the just de-
inands of humanity, which called forth
expressions of condemne tion from the
nations Of ChristendOm, continued un-
Dbated. DesOlation and ruin pervaded
that productive region, enormously af-
fecting the commerce of all commercial
nations, but that of the United States
more than any other, by reason of
proximity and larger trade and inter- |
course. At that juncture General Grant
uttered these wo- ds, which now, as
then, sum up the elements of the prob
lem: "A recognition of the independ-
ence of Cuba being, in my opin on, i'm
practicable and indefensible, the ques-
ton which next presents itself is that
Of the recognition of belhgerent rights
in the panties to the contest. In a
former messaee to congress had occa-
sion TO consider this question and
in Cuba, drea lful and devastating as
Were dts incidents, did not rise to the
fearful dignity of war . 'It is pos
sibie that the acts of foreign powers,
and even acts of Spain herself, of this
very nature might be pointed to in de-
tense Of such recognition. But now, as
in its past history, the United States
may lead it int the mazes of doubtful
should CAREFUL y avoid false lights which
law and of questionable propriety
and adherence To the rule which has
been its guide, 0f doing only that which
is right and he nest and of good report
Fhe question o. according or OF with
holding rights Vt belligerency must be
judged in every case, in view of the
particular attending facts. Unless JUS
tilied by necess ty, 1t is always, and
Justly, regarded as an unfriendly act
ard as a gratultous demonstration of
moral support u the rebellion. 1t is
necessary and 1t is required when the
interests and rights of another govern
ment, or Of Its people so far affected by
pending civil conflict as to require a
definition of its rel lions to the parties
thereto. But this conflict must be one
which will be recognized in the sense
OF inte national law as war.
'Belligerence, too, Is a fact. The
mere existence of contending arm I'd
| bodies and their occasional conflicts do
not constitute war in the sense referred
to. Applying to the existing condition
OF aifairs in Cuba, the tests recognized
by publicists and writsrs on interna-
tlonal law and which have been Oh
| served by nations OF dignity, honesty
and power, when free from sensitive
I or selfish and unworthy mo-
lives. fail TO find in the
.nsuIrection the existence OF such a
substantial political organization, real,
paipable and manifest to the world as
| naving the forms and capable OF or
sanization functions OF ordinary gov
srnment towards It's ON "A people and 10
other states with courts f6r the aa-
ministration of justice, with a local
hgbhation. possessing such organiza-
lion OF force, such material 81 ch occu-
patton Of territory as to take the con-
test out Of the category OF a mere re-
1elllOus insurTeOtion. or occasional