Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1897-12-11

ton of public war existed requiring or
iustifying the state of ~belligerency in,
Cuba and during the extra session the
senate voted a joint resolution of like
import which, however, was not
brought to a vote in the house OF rep
resentatives. In the presence of these
significant expressions of the senti-
ment of the legislative branch 1t be-
hooves the executive to soberly con-
slider the conditions under which so
important a measure must needs rest
for justification. IL is to be serious
ly considered whether the Cuban in
surrection possesses beyond dispute
the attributes of statehood which alone
can demand the recognition of bcliig-
erency in its favor. Possession, in
short. of the essential qualifications of
sovereignty by the insurgents and the
conduct of the war by them adding 10
the accepted code of war are no less
important factors toward the determ-
nation of the problem Of belligerency
than are the influences and conse-
auences of the struggle upon the inter
national policy of the recognizing
state.
Utterances OF Grant.
The utterance Of General Grant In
his memorable message OF December
Z, 1875, are signally relevant to the
present situation In Cuba and IL may
be wholesome now to recall them. At
hat time a ruinous conflict had for
seven wears wasted the neighboring
island. During all those years an ut
ter disregard of the laws OF civilized
warfare and of the just demands OF
humanity, which called forth expires
sions of condemnation from the ma.
tons Of Christendom, continued un-
abated. Dissolution and ruin pervaded
that productive region, enormously al
fectinp the of all comnlCr.
cial nations, but that of the United
States more than any other by reason
Of proximity and larger trade and IN
tercourse. At that juncture Grant VI
tered these words which now as then
sum up the elements of the problem,
"a recognition of the independence Of
Cuba being, in my opinion, impract-
THE contest, moreover, is solely On
land; the insurrection has not loS'
sessed itself Of a single seaport whence
it nav send forth its flag, n)r Las IL
n means of communication with tor-
eign powers except through he MI
itary lines of the adversaries. No APP
prehension Of any of these sudden ana
difficult complications which o'cur on
the ocean is apt to precipitate upon the
vessels, both commercial and nltIoh1l
ard upon the consular officers o other
powers calls for the definition o their
= relations to the parties TO the contest
Avoid False Lights.
II is possible that the acts q tor-
eign powers and even acts OF Npaih
herself of this very nature, might De
pointed to in defense Of such reoo2nl-
J ton. But now, as in its past history,
the United States should carefully
avoid the false lights which nght
lead il into the maZcs Of doubtful aw
and of questionable propriety, AMI adj
here rigidi.y and sternly to the rule
which has been its guide of doing only
that which is right and honest ald OF
good report. The question of aGnrd-
ing or of Withholding rights of icing
erency must be judged in every case,
IN view of the particular attending
facts. Unless justified by necessity,
it is always. and Justly regarded as an
unfriendly act and a gratuitoa' de-
monstration of moral support 20 the
rebellion. 1t is necessary and ii Is re-
quired. when the interests and rights
Of an other government or of It's people
are so far affected by Il pending Civil
conflict as 10 require a definition OF
its relations TO the parties thereto.
But this conflict must be one which
is recognized in the sense of intcrna-
tional law as war.
Practical Aspects of Recognition
Turning to the practical aspects Of a
recognition Of belligerency, reY.ewipg
a. sss,
: such thing as a naked recognition
belligerency unaccompanied by the a
sumption Of international n~eutralit
Such recognition without more will n,
confer upon either party TO a domest
conflict a status not heretofore actua
ly possessed or affect the relation
either party 10 other states. The act
recognition usually takes the form of
solemn Proclamation OF neutrali
which recites the de facto condition
belligerency as its motive. 1t announc,
a domestic law Of neutrality in declarir
a state. 1t assumes the information
obligations Of a neutrality in the pre-
ence or a pubic state OF war. IL war;
all citizens and others within the juri
diction OF Tho proclaimant that they vi
late those rigorous obligations at the
own peril and cannot expect 10 be shiel
cd from the consequences. The right
visit and search on the seas and seizu
OF vessels and cargoes and contraban,
OF wal and good prizes under admlral
law must under international law pe a,
mitted as a legitimate of
proclamation Of belligerency. While &
cording the equal belligerent rights d
fined by public law to each party in O
ports disfavors would be imposed ,
both, which while nominally co.,
would weigh heavily in behalf Of Spa
herself. Possessing a navy and Col
trolling the ports Of Cuba her martin
rights could be asserted not only for Il
military investment Of the island. b.
up to the margin Of our own territori
waters, n a condition of things wou
exist for which the Cubans within tine
w domain could not hope to create
parallel, while it's creation through d
or sympathy from within our donna
would be ever more impossible ths
now, with the additional obligations
international neutrality We would pc
force assume
Gives Sagasta a Chance.
That the government Of So G sta HI
entered upon a course from which r
cession with honor is impossible ca
hardly be questioned; that IN the r.
weeks II mas existed 1t has made rarne
OF h sincerity Of its professions IL Vi
deniable. / shall not impusn its since
ity nor should Impotence he suffered
embarrass 1t In the tasA IL has unde
taken. 1t is honestly due to Spain an
to u friendly relations with Spain ths
she should be given a reasonable chant
to realize her expectations and to pro,
the asserted efficiency OF the new ordt
Of things to which she stands irrevo,
ably committed. She has recalled m
commander whose brutal orders II
famed the American mind and shocks
the civilized world. She has modihe
the horrible order Of concentration an