The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1897-12-10


means of communication with foreign
powers except through the military lines
OF its adversaries. No apprehension Of
cations which a war upon the ocean is apt
to precipitate upon the vessels both COM
mercial and national. and upon the con-
sular officers of other powers, calls for the
definition of their relations TO the parties
to the contest.
"Considered as a question Of expediency,
| regard the accordance of belligerent
rights still to be as unwise and premature,
as i regard IL to be, at present. indefen-
sible as "a measure of right. Such recog-
milton entails upon the country, according
the rights which flow from IL difficult and
complicated duties. and requires the eX-
action from the contending parties of the
strict observance of their rights and OBJ
legations. II confers the right of search
upon the high seas by vessels of both par
ties: IL would subject the carrying OF
arms and munitions of war; which now
may be transported freely and without In
terruption in vessels of the United states.
to detention and to possible seizure; II
would give rise to countless veXatious
questions, responsibility for act done py
the insurgents, and would invest spain
with the right to exercise the supervision
recognized by our treaty of 1895 over our
commerce on the high seas, very large
part of which I'm its traffic between the
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, II not
to abuses certainly TO collisions perilous
to the peaceful relations of the two states.
There can be little doubt as to what re-
suit such supervision would before long
draw this nation. 1t would be unworthy
of the United States 10 inaugurate the
possibilities of such result, by measures
of questionable right or expediency or by
an indirection."
Dangers OF such Recognition.
Turning to the practical aspects of
recognition OF belligerency, and review
don
still further pertinent considerations APP
pear. In the code of nations there is no
such thing as a naked recognition of
belligerency unaccompanied ny the as
sumption of international neutrality. Such
recognition, without more, VIII not CONFER
upon either party TO a domestic conflict
a status not heretofore actually possess
ed; or affect the relations of either party
TO other states.
form of a solemn proclamation or neu-
trality which recites the de facto condi-
ton of belligercncy as It's motive. IL an
nounces a domestic law of neutrality in
the declaring state. IL assumes the IN
ternational obligations of neutral IN
the presence OF public state OF war. ~
warns all citizens and others within the
Jurisdiction of the proclamation that they
violate those rigorous obligations at their
own peril and cannot expect TO be shield
cd from the consequences.
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 inter
national law, be admitted as a legitimate
consequence OF a proclamation OF belltg-
erency. While according the equal bel
llSerents rights defined by public Jaw 10
each party in our ports, disfavors would
be imposed upon both. which, while nom
inally equal. would weigh heavily in be-
half of Spain herself. Possessing a ma
Wy and controlling the ports of Cuba, her
maritime rights could be asserted, not
only for the limitary investment of the
a., s.F
territorial waters, and condition OF
things would exist for which the Cubans
within their own domain. could not hope
to create a parallel; while It's creation
through aid or sympathy from within our
domain would be even more impossible
than now with the additional obligations
of international neutrality we would per-
The enforcement of this enlarged and
enormous code of neutrality would only
bo influential within our own juris-
diction by land and sea, and applicable
by our own instrumentalities. 1t would
impart TO the United States no jurisdic-
ton between Spain and the insurgents
II would give the United States no right
OF Intervention TO enforce the conduct of
the strife within the paramount authority
of Spain according to the international
code OF war.
For these reasons regard the recog-
milton of the bellgerency Of the Cuban
inadmissible. Should that step hereafter
be deemed wise, as measure of right
and duty, the executive viii take II.
Intervention upon humanitarian grounds
has been frequently suggested, and has
not failed to receive my most anxious and
earnest consideration. But should such
a step be now taken, when Ii Is apparent
that a hopeful change has supervened in
the policy of Spain toward Cuba?
spain's Latest Promises.
new government has taken Office in
the mother country 1t is pledged in ad-
vance to the declaration that all the
effort in the world cannot suffice to
maintain peace in Cuba by the bayonet;
that vague promises of reform after sub
jugation afford no solution of the in
suiar problem; that with substitution
of commanders must come change of
past system of warfare for one in har-
mony with a new policy which shall no
longer aim to drive the Cubans to the
"horrible alternative of taking to the
thicket or succumbing in misery" that
reforms must be Instituted in accordance
with the needs and circumstances of
the time, and that these reforms. while
designed to give full autonomy to the
colony and TO create a virtual entity
and self-controlled administration, shall
yet conserve and affirm the sovereignty
OF Spain by just distribution of powers
and burdens upon a basis of mutual in
teTest untainted by methods of selfish
eXpediency.
The first acts of the new government
lie in these honorable paths. The policy
of cruel rapine and determination that
so long shocked the UNIVERSAL Seullulenl
of humanity has been reversed. Under
the new military commander a broad
clemercy Is proffered. Measures have al
ready been set on foot to relieve the hor-
rors of starvation. abe power of the
Spanish armies, II is asserted, Is 10 be
used not to spread ruin and desolation,
but TO protect the resumption of peace
full agricultural pursuits and productive
! industT ies. That past methods are futile
to force a peace by subiugation Is freely
admitted, and that ruin without concilia-
ton must inevitably fail to win for
Spain the fidelity of a contented depen-
| dency.
DEGREES in application of the foreshad-
| owed reforms have already been promul-
| gated. The full text Of these DEGREES has
| rot been received. but as furnished in
| teegraphic summary from our minister
| are: All civil and electoral rights of
| PENN sular Spaniards are. in virtue of eX-
| listing constitutional authority, forthwith
! extended to colonial Spanlards.
The Autonomy scheme.
A scheme of autonomy has been pro-
claimed by decree. to become effective
upon ratification by the cortes. 1t ere
Rtes a Cuban parliament which, with the
] nsular executive. can consider and vote
upon all subjects affecting local order and
1 Ill