The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1897-12-11

senate voted q Joint resolution of like
import which, however, was not
brought to a vote in the house of rem
resentatives. In the presence of these
significant expressions OF the senti-
ment of the legislative branch it be-
hooves the executive to. soberly con-
slider the conditions under which SO
important q measure must needs rest
for justification. It is to be serious
ly considered whether the Cuban in
s%urrection possesses beyond dispute
the attributes of statehood which alone
can demand the recognition of bellig-
erency in it's favor. Possession, in
short, of the essential qualifications of
sovereignty by the insurgents and the
conduct of the war by them adding to
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-
quences 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
2, 1875, are signally relevant to the
present situation in Cuba and it may
be wholesome now to recall them. At
that time q ruinous conflict had for
seven years 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 express
sionso of condemnation from the ma
ions OF Christendom, continued I'M
abated. DISSOLUTION and ruin pervaded
that productive region, enormously at
fecting the m of all
cial nations, but that of the United
States more than any other by reason
of proximity and larger trade and in
tercourse. AT that juncturc Grant ut
teIed these words which now as then
sum up the elements of the problem.
"a recognition of the independence Of
Cuba being, in my opinion, impracti-
THE contest, moreover, is solely on
land; the instruction has not pos
sessed itself of a single seaport whence
it may send forth it's flag, nor hes it
any means of communication with for
eign powers except through the mil
itary lines of the adversaries. No APP
prehension of any of these sudden and
difficult complications which occur on
the ocean is apt to precipitate upon the
vessels, both commercial and national
ard upon the consular officers OF other
powers calls for the definition of their
relations to the parties to the contest.
Avoid False Lights.
1t is possible that the acts OF for
eign powers, and even acts of Spain
herself of this very nature, might be
pointed to in defense of such recogni-
| finn Rft NOW nc in ifc rocf hiytnr,
the United States should carefully
avoid the false lights which might
lead it into the mazes of doubtful law
and of questionable propriety, and adj
here rigidly and sternly to the rule
which has been its guide of doing only
that which is right and honest and Of
good report. The question of accord
ing or of Withholding rights of bellig-
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 II %gratuitous de-
monstration of moral support TO the
rebellion. 1t is necessary and it is lie.
CURED, when the interests and rights
of an other government or of its people
are SO far affected by q pending civil
conflict as to require a definition of
its relations to the parties thereto.
But this conflict must be one which
is recognized in the sense of interna-
tional law as war.
Practical Aspects of Recognition
Turning to the practical aspects of a.
recognition of belligerency, reviewing
It's Inconvenience n positive dangers,
still further pertinent considerations ap-
pear, In the code of nations there is no
such thing as a naked recognition OF
b~elligerency u~naccompanied by The as
sumption of international neutrality.
Such recognition without more Will not
confer upon either party to a domestic
conflict a status not heretofore actual
~ possessed or affect 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
a domestic law of neutrality in declaring
a state. 1t ssumes the International
obligations of a neutrality in the pres
ence Of a public state Of war. IT warns
all citizens and others within the turis-
diction OF the proclaimant that they VIC
late those rigorous obligations at their
W pill oAIS CApCSl " OS Sllleltl-
ed from the consequences. Th right OF
visit n search on the seas and seizure
Of vessels and cargoes and contrabands
of war n good prizes under admiralty
law must under International law be adj
mitted as a legitimate consequence Of a
proclamation OF belligerency. While &C
cording the equal belligerent rights de-
fined by public law to each party in orr
| ports dlsfavors would be imposed on
both, which while nominally equal
would weigh heavily in behalf Of Spain
herself. Possessing a navy and con-
trolling the ports of Cub her maritime
rights could be asserted not only for the
military investment of the island. bit
up to the margin of our own territorial
waters, and a condition of things would
exist for which the Cubans within their
W domain could not hope to create IL
parallel, while its creation through aid
or sympathy from within our domain
would be ven more impossible thar
now, with the additional obligations of
International neutrality we would per-
force assume.
Gives SnEasta n Chance.
That the government OF Sagasta has
entered upon a course from which re-
| SSsoololk NAtiA ioIlS 10 AiiLJOSSlpIS Gal
hardly be questioned; hat IN the few
weeks it has existed it has made earnest
OF the sincerity Of its professions IS UNI
deniable. l shall not impusn its SINGER
ity nor should inpatience be suffered to
embarrass it in the TASK it has under
taken. 1t is honestly due TO Spain and
to u friendly relations with Spain that
she should be given a reasonable chance
to realize her expectations and to prove
the asserted efficiency OF the new order
of things to which she stands ~irreyoc-
ably committed. She has recalled the
commander whose brutal orders in
famed the American mind and shocked
the civilized world. She has modified
the horrible order Of concentration and
has undertaken to care for the helpless
and permit those who desire to resume
the cultivation of their fields to do so,
and assures them of the protection of
the Spanish government In their lawful
occupations. She has Just released the
Competitor prisoners who were SEN