Mexico weekly ledger., 1897-12-09

cofding or Withholding rights OF pelilgeracy
must be Judged in every case, IN view OF the
particular attending facts Unless justified by
necessity. IL is always, and justly regarded as
an unfriendiy act and gratuitoas aemonstra-
ton of moral support to the rebellion. 1t
Is not necessary, and it is required. when
the interests and rights OF another governments
civil conflict Is to require definition Of its re-
lations to the parties thereto. But this con-
hict must be one which VIII be recognized IN
the sense of International law as war
.Belligerence, too, Is fact The mere exist
ence of contending armed bodies and their oc-
sense referred 70. Applying to the existing con-
dition OF affairs in Cuba, the tests reeog-
nized by ,pubiieists and writers on inter %
observed by nations OF dignity, hon.
esty and power, when free from sensitive or
selfish and unworthy motives, fail to lind IN
surrection, the existence OF such a substantial
political organization real, palpable and nfanl-
fest to the world, having the forms and capable
of the ordinary functions Of government to-
ward its own people and to other states with
courts for the administration OF justice with
local habitatiOn. possessing such organization
OF force, such occupation OF territory as to take
the contest out of the category OF mere re-
bellious insurrection, or occasional skirmishes,
and place it upon the terrible footing OF war to
which a recognition OF belligereny would aim
to elevate 1t.
1.-The contest, moreover, is solely on land; the
insurrection has not possessed itself of single
seaport whence il may send forth its flag nor
has it any means of communicating with foreign
powers except through the military lines of its
| those sudden and difficult complications
which war upon the ocean is apt
somPereiai sa and 'P1n nationai' and % upon h the
consular officers of other powers. calls for the
definition of their relations TO the parties
to the contest. Considered as question
of expediency, I regard the accordance OF
beligerent rights still to be as unwise and pre-
mature as regard il 70 be. at present lndefensi-
| BILE, measure Of right
such recognition entails upon the country
according to the rights which flow from it DIM
| cult and complicated duties, and requires the
exaction from the contending parties Of the
strict observance Of their rights and obligations.
1t eonfers the right of search upon the high seas
| by vessels of both parties; IL would subject
| the carrying of arms and munitions of war,
which now may be transported freely and with
| out interruption, in vessels Of the United
States to detention and to possible seizure; it
would give rise to countless yexattous ques-
tions; would release the parent government
gents. @ and Would invest Spain with the right
| to exercise the supervision 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 ON the Pacific, passes & through ms h
exercise OF this supervision could scarcely fail
to lead. IL not to abuses, certainly to collisions
taies TRere n @ ean be- ttle doubt as to what re
| suit such supervision would, before long, draw
| this nation. 1t would be unworthy OF the United
States to inaugurate the possibilities Of such
result by measures of questionable right, or ex-
sediency. or BIZ any indication
| Further Pertinent Consideratfons Appear.
Turning to the practical aspects of recogni-
| tion OF belligerency and reviewing its incon-
viences and positive dangers. still further peril
nent considerations appear. In the code of ma
| tions there Is no such thing as naked recogni-
tion OF belligerency unaccompanied by the as
sumption OF International neutrality. Such
| recognition without more will not confer upon
either party to a domestic conflict status moi
| heretofore actually possessed, or affect the re-
lation OF either party to other states. The act
solemn proclamation OF neutrality which re.
cites the de facto condition of belhgerency as
its motives. 1t announces domestic law oi
neutrality in the declaring state
Obligations Assumed In According Bel.
| ugerency.
1t assumes the international obligations of a
neutral In the presence Of public state of war
IL warns all citizens, and others within the
Jurisdiction Of the proclaimant that they violate
those rigorous obligations at their own peri
| and can not expect to be shielded from the con
| sequences The right Of visit and search on thu
seas and seizures of vessels and cargoes ant
contraband OF war and good prize under ad
mtralty law must under International law bt
admitted as legitimate consequence OF 1
proclamation OF belligerency. While according
| the actual belligerency rights defined by public
law to each party in our ports disfavors woul'
| be imposed on both, which while nominal!
herself.
spain's Advantage In Possessing Navy.
Possessing navy and controlling the port
OF Cuba, her maritime rights could be ;-,sertet
| not only for the military investment of tht
island. but up to the margin of our own terrific
rial waters, and q condition of things woult
exist for which the Cubans within their owl
domain could not hope to create parallel
while the creation through aid or sympath!
from within our domain would be even mort
impossible than now, with the additional obii
cations OF neutrality we would perforce as
sumo.
| 1t Would Impose an Onerous Duty.
The enforcement of this enlarged and oner
Gus code OF neutrality would only be Influential
within our own jurisdiction by land and sc;
and applicable by our own instrumentalities
1t could impart to the United States no luris
uiction between Spain and the insurgents, I
would give the United States no right of inter
Vention to enforce the conduct of the strif
within the paramount authority of Spain ac
cording to the international code of war.
Recognition OF Bsiligerency Now Unwise
For these reasons regard the recognition o
the belligerency of the Cuban insurgents o.
now useless, and therefore inadmissible
Should that step hereafter be deemed WISE a.
measure of right and duty, the executive vii
take it.
Intervention and humanitarian grounds ha
| been frequently suggested, and has not failet
| to receive my most anxious and earnest con
sideratfon. But should such step be nov
change has supervened in the policy of Spail
toward Cuba:
The Pledges of the New Government
A new government has taken Office in tn,
the declaration that all the effort in the worlt
can not suffice to maintain peace IN Cuba by tn,
| Dayonot+ tnat vague promises OF reform afte
| subIugation afford no solution of the insula
problem: that with a substitution OF command
efs must come change of the past system O
| warfare for one in harmony with q new polio,
| which shall no longer aim to drive the Cuban
to the horrible alternative of taking to tn
thcket or succumbing in misery" that reform
must be instituted in accordance with the need
and circumstances of the time. and that thes,
reforms while designed to give full autonomr
tot TO the colony and to create virtual entity ani
| serve and affirm the sovereignty of Spain by ;
Just distribution of powers and burdens upon ;
basis OF mutual interest, untainted by method
1 of selfish expediency
Former Policy Reversed.
| The first acts of the new government lie il
these honorable paths The policy of crue
the universal sentiment of humanity has beel
reversed. Under the new military com
fered. Measures have already been Sc Sc
on foot to relieve the horrors of star
walton. The power of the Spanish armies, it i
asserted, is to be used. not to spread ruin an
desolation, but to protect the resumption o
peaceful agricultural pursuits and productiv
force a peace by subjugation is freely admitted
and that ruin without conciIiation must ineyit
ably fail to win for Spain the fidelity Of con
| DEGREES of Reforms Promulgated.
Deere s to application Of the foreshadowet
reforms have already been promulgated. Tn
| full text of these DEGREES has not been received
but as furnished in q telegraphic summary from
our minister are: All civil and electoral right
| OF penlnSular SpanlardS are, in virtue of exist
ing constitutional authority forthwith extendet
TO co onial Spaniards. A scheme of autonom,
has been proclaimed by decree to become eff
fective upon ratification by the oortes L
creates Cuban parliament which, with tn,
insuiar executive, can consider and vote upor
all su bjects affecting local order and interests
| possessing unlimited powers save as to mat
| ters OF state, war and the navy to which the
encouragement acts by his own authority a.
the delegate of the central government
the governor-general to preserve faith
| fully the liberties and privileges O
the colony and to it the colonial Secretaries art
responsible. 1t has the right to propose to the
central government, through the governor
| general, notifications Of the national cha tel
and to invite new projects of law or executive
matters in the interests OF the colony
| some Of the Provisions for Autonomy.
Besides its local powers IL is competent. first
| to regulate electoral registration and procedure
| and prescribe the qualifications of electors auG
organize courts of Justice svfth native fudge,
from members of the local bar; third to franf
| the insular budget both as to expenditures ant
revenues to meet the Cuban share OF the
national budget which latter will be voteC
by the national cortes with the assist.
ance of Cuban senators and deputies
fourth, to initiate or take part in the negotia-
tionS of the national government for CONNER.
cial treaties which may affect Cuban Interests
fifth, to accept or reject commercial treatie.
which the national government may have con.
| cluded without the participation of the CubaT
government; sixth, the framing of the colonia
tariffs, acting in accord with the peninsual
commerce between the mother country and tho
| colonies
Proposed Legislative Conditions.
| Before introducing or voting upon BILL thu
| Cuban government, or the chambers, will LAY
the project before the central government ani