Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1897-10-01

dispute. thu HttF.hutrs Of Statr;ood viii, h
::.t1r can Ct mGn@ the recognition of h.l-
- ne. ia is favor Pos ~S'"n short
81 a.. "-s nt.;i .u., 'i'ir4t:u'.@ of snvcr-
,iEf.I hF ta'' II. lr.,"t.t-. and t,!t. conduct
o.. liar N,ir by tG, IA t,cDiii..:- 10 tic r,...-
r=rI 'pd- Of VIZ. :It no i,-s import. .Lt
I'r'''s toward tGe q rnirji.oH Of toe
prob. Ii of I.,ii-. rru.y tNtn are the H.
ildrnc. aad consequences oil tne stree: t.
iI"n tHc lit mai pp.joy u TIN. rrco@ui2-
l'i- "JHHn. The U-t'.2Nccs OF President
t'i@Ht in mis- m,fcU.ab.N MESSAGE OF 1873
IRE s"H@Hy relevant to the rrcsen: si;ua-
ton IA CUi'a. ard it my be Whot, ,Ine
POW To u"rIl ta,m. At that time Il
81 iuu+rut'lct had !Or seven years wasted
tae ueiGhbur.ug island. During all those
years an utter disregard of the laws Of
ciNHiIod warfare and Of the just demands
of humanity. which called forth cNpr =
sionS of condemnation from the nations
Of tnriStendom. continued uuabated.
Desotau"n ana ruin pervadod that pro-
ductINe region, enormously affecting the
commerce Of all commercial nations, but
| ttat OF the United states more than any
Z, I! hE reason oi profanity and larger
trade ANA intercourse.
General Grants Words.
At that juncture General Grant uttered
these words, which now, as then, sum up
the elements of the problem:
recognition OF the independence of
Cuba being in my opinion iInpracticable
and indcfensible, The question which rext
presents itself Is that or the recognition
Of beilgercnt rights in the parties to the
contest. In a former message to congress
l had occasion To consider this question
and reached the conclusion that the con-
iiict in Cuba, dreadful and devastating as
were its incidents. did not rise to the
fearful dignity of war. 1t is pos
sible that the acts of foreign powers and
even acts of Spain herself of this very
nature might be pointed to in defense of
such recognition. Bpt now. as in lis
past history. the United States should
carefully avoid the false lights which
might lead it into the maZes of doubt
! ful law and of Questionable propric,y
and adhere to the rule which has been
/ its guide, of doing only that which is
right and honest and % good report.
The question OF according or Of with
| holding rights of bolllgercncy must be
judged IN every case III view of the par
tcular attending facts. Unless iustincd
by necessity, it is always. and justly. re-
garded as an uufricndly act and as u
gratuitous demonstration of moral sup
port to the rebellion. 1t is necessary and
1t is required WREN the interests and
rights of another government, or its peo-
pie. arc so far affected by pending civil
conflict as to require definition of its
relations to the parties thereto. But this
conflict must be one which will be recog
niz"d in the sense of international law as
war
"Bclligercncy. too is fact The mere
! existence of contending armed bodies and
their occasional conflicts do not coEsti-
tute war in the sense referred to. Apply
ing TO the existing condition of affairs in
Cuba the tests recognized by publicists
and writers on International law. and
which have been observed by nations of
dignity. honesty and power when free
from sensitive or selfish sand unworthy
motives. ! fail TO find in the insurrection
the existence of such a substantial polit-
zeal organization real. paipable and mani
fest TO the world. as having the forms
and capable of organization. the functions
of ordinary government toward its own
people and 10 other states. with courts
for the administration OF justice, with
local habitation, possessing such organiZa-
ton of force. such material, such occupa-
ton of territory as 10 take the contest
out of the category of a mere rebellious
Instruction, or occasional skirmisheS, and
place II on the terrible footing of war.
to which a recognition or peiligerency
would aim to elevate it.
THE contest moreover. is solely on
land: the insurrection has not possessed
itself of single seaport whence ii may
send forth its flag. nor has it any means
of communication with foreign powers.
except through the military lines of its
adVersaries. No apprehension of any of
these sudden and difficult complications
which a war upon the ocean Is apt to pre-
cipitnte upon the vessels. both CONNER
cial and naval. and upon the consular
officers of other powers. calls for the
definition Of their relations to the parties
to the contest. Considered as question
of expediency, | regard the accordance of
belligerent rights still to be as unwise
and premature as 1 regard it to be. at
present, indefensible as 4 measure of
right.
"Such recognition entails upon the coun-
try according the rights difficult and COM
plicated duties, and requires the exaction
from the contendng parties of the strict
observance of their rights and obliga-
lions. 1t confers the right of search up
on the high seas by vessels of both par
ties; it would subject the carrying of arms
and munitions of war. which now may be
transported freely and without Interrupt
ton in vessels of the United States. to
detention and possible seizure: II would
give rise to countless vexatious questions;
Ii would relieve the present government OF
responsibility for acts done by the insur-
gents, and would invest Spain with the
right to exercise the supervision recog-
nized by our treaty of 1895 over our COM
merce on the high seas. a very large
Atlantic and the Gulf states and between
all of them and the states on the Pacific.
passes through the waters which wash
the shores of Cuba. The exercise of this
supervision could scarce fail to lead. IL
not to abuses, certainly to collisions. per-
ilous to the peaceful relations of the two
states. There can be little doubt as to
what result such supervision would be-
fore long draw this nation. 1t would
be unworthy of the United States to in
augurate the possibility of such result by
a measure of questionable right or ex-
pediency, or by any indiscretion.''
Not n Time for Recognition.
Turning to the practical aspects of a
recognition of belligerency and reviewing
its Inconvenience ard possible danger,
further pertinent considerations appear.
In the code of nations. there is sucn
thing as a naked recognition of bellger-
ency unaccompanied by the assumption
OF national neutrality. Such recognition
without neutrality will not confer upon
either party to a domestic conflict status
not therefore actually possessed or af-
feet the relation of either party to other
states. The act of recognition usually
takes the form of a solemn proclamation
of neutrality which recites the de facto
condition of belligerency as its motive. 1t
announces domestic law OF neutrality
in the declaring state. 1t assumes the in
ternational obligation of a neutral in the
presence of public state of war. 1t
warns all citizens and others within the
jurisdiction of the claimant that they vio-
late those rigorous obligations at their
own peril and cannot expect TO be shield
ed from the consequence. The right of
visit and search and seizure of vessels
and cargoes and contraband of war I'M
der admiralty law must under internal
tional law be admitted as a legitimate
consequence of a proclamation of belliger-
ency. While according equal belligerent
rights. defined by public law. to each par
ty in our ports Gisfavor would be impos-
sible to both. which. while nominaly
equal, would weigh heavily in behalf of
Spain herself. Possessing a navy and
claiming the ports of Cuba. her maritime
rights could be asserted, not only for
the military investment of the island,
but up to the margin OF our own terri
torial waters. and a condition of things
would exist for which the Cubans could not
hope to create a parallel; while aid from
within our domain would be even more
impossible than now. with the additional
obligation of international neutrality
which we would perforce assume.
The enforcement Of this enlarged and