The herald., 1897-12-07


full and devastating as were it's incl
dents, did not rise to the fearful dignity
Of war.
1T is impossible that the acts of for
eign powers and even acts of Spain her.
self Of this very nature might be point
ed to in defense of such recognition. But
now, as in it's past history, the United
States should carefully avoid the false
light which might lead it into the mazes
of doubtful law and Of unquestionable
propriety, and adhere rigidly and stern
ly to the rule, which has been its guide,
OF doing only that which is right and
honest and of good report. The question
Of According or of withholding rights of
bellikerency must be judged in every
case, in view of the particular attend
ing facts. Unless justified by necessity
it is always. and justly, regarded as an
unfriendly act and gratuitous demon
stration Of moral support to the rebel
lion. 1t is necessary and 1t Is required,
when the interests and rights of another
government or OF it's people are so far
affected by pending civil conflict as TO
require a definition of it's relations to the
parties thereto. But this conflict must
be one which will be recognized In the
sense of international law as war
"Belligerency, too, is fact. The mere
existence of contending armed bodies
and their occasional conflicts do not
constitute war in the sense referred to.
Applying to the existing conditions OF
affairs in Cuba the tests recognized by
publicists and writer's on international
law, and which have been observed by
of hnnactV and DOWer
when free from sensitive or selfish and
unworthy motives, fail to f1nd IN the
insurrection the existence of such SUBJ
stantial political organization, real, pal
pable and manifest to the world, nav
ing the forms and capable of the ordl-
nary functions of ordinary government
toward it's own people and to other
states, with courts for the administra-
ton of justice, with loca- habitation,
possessing organization of force, such
material, such occupation of territory
as to take the contest of the category
of a mere rebellious insurrection, or
occasional skirmishes, and place it on
the terrible footing Of war, to which
recognition of belligerency would aim
to elevate 1t.
1.-THE contest, moreover, is solely on
land; the insurrection has not possessed
itself of a single seaport whence it may
send forth it's flag, nor has 1t any means
of communication with foreign powers,
except through the military lines Of it's
adversaries. No apprehension of any
of these sudden and difficult complica-
tions which war upon the ocean is apt
to precipitate upon the vessels, both
commercial and national, 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 regard
ed it to be, at present, indefensible as
measure of right.
"Such recognition entails upon the
country according the rights which flow
from it difficult and complicated duties
and requires the exaction from the con-
tending parties of the strict observance
Of their rights and obligations. 1t con-
fcrs the right of search upon the high
seas Of vessels of both parties; 1t would
subject the carrying of arms and NUM-
tions of war which now may be trans
ported freely and without interruption
in vessels of the United States to deten-
ton and to possible seizure; it would
give rise to countless vexatious ques-
tions; would release the parent govern
ment from responsibility for acts done
by the insurgents and would invest
Spain with the right to exercise the su-
pervision recognized by our treaty Of
1895 over our commerce on the high seas,
a very large part Of which in its traffic
between the Atlantic and the gulf States,
and between all Of them and the States
OIL the Pacific, pass through the waters
which wash the shores of Cuba. The
exercise of this supervision could scarce
fail to lead if not to abuses, certainly
to collisions perilous to the peaceful re.
lations Of the two states. There can be
little doubt as to what result such su-
pervision would before long draw this
nation. 1t would be unworthy of the
United States to inaugurate the possi-
bilities of such result, by a measure of
questionable right or expediency, or by
any indirection.'
AN UNWISE STEP
Turning to the practical aspects of a
recognition of belligerency and review
ing it's. s.inconveniences and positive dan
gers, still further pertinent consdera-
tions appear In the code of nations
there is no such thing as naked recog-
nition of belligerency unaccompanied by
the assumption of international neutral
ity. Such recognition without more will
not confer upon either party to domes-
tic conflict status not heretofore actu-
ally possessed or affect the relation Of
either party to other states
The act of recognition usually takes
the form of solemn proclamation of
neutrality which recites the de facto con-
dition of belligerency and it's motives.
1t announces domestic law of neutra-
ity in the declaring state. 1t assumes
the international obligations of a neu-
tral in the presence Of public state of
war. 1t warns all citizens and others
within the jurisdiction Of the proclaim
ant that they violate those rigorous OBJ
legations at their own peril and cannot
expect to be shielded from the conse-
quences. The right of visit and search
on the seas and seizure of vessels and
cargoes and contraband of war and
good prize under admiralty law must
under International law be admitted as
legitimate consequence of'a proclama-
ton of belligerency While according
equal belligerent rights defined by pub
lie law to each party in our ports dis
favors would be imposed on 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
vestment of the island hut IN to the