Omaha daily bee., 1897-12-07


modify existing legislation by decree, leav-
ing the Spanish Cortes, with the aid OF
Cuban senators and deputies, to solve the
economic problem and properly distribute the
existing debt.
NO DEFINITE PRoLoNGATIoN.
In the absence OF a declaration OF the
measures that the government proposes to
take in carrying out its proher OF good
Offices IL suggests that Spain be left free
to conduct military operations and grant
political reforms while the United States
for its part shall enforce its neutral obliga-
tions and cut off the assistance which 1t is
asserted the insurgents receive from this
country. The supposition OF an indefinite
lprolongation of the war is denied. 1t is
asserted that the western provinces are al
ready well nigh reclaimed that the planting
Of cane and tobacco therein has been re-
sumed, and that by force of arms and new
and ample reforms very early and complete
lpacifcation is hoped for.
The immediate amelioration Of existing
| conditions under the new administration OF
| Cuban affairs is predicted and herewith
| all the disturbance and all occasion for any
change of attitude on the part OF the
| United States. Discussion OF the question
| OF international duties and responsibilities
| of the United States, as Spain understands
them, is presented, with an apparent dispo-
sition to charge us with failure in this re-
| gard. This charge is without any basis in
| II.
had been cognizant Of the constant efforts
| this government has made at the cost OF
| millcns, and by the employment OF the ad-
ministrative machinery at the command OF
| tho nation to perform its full duty according
| to the law of nations. That IL has success
| fully prevented the departure of single
military expedition or armed vessel from our
shores in violation of our laws would seem
| to be a suffic answer But of this aspect
| OF the Spanish note 1t Is not necessary to
speak further now. Firm In the conviction
| of a wholly performed obligation, due re-
sporpe to this charge has been made in
| diplomatic issues. Throughout all these hor-
| rors and dangers to our own peace TINS gov
| ernment has never in any way abrogated
| its sovereign prerogative of reserving to
| itself the determination of It's policy and
| course according to its own high 9erse of
| right end in consonance with the dearest
| interests and convictions of our own people
should the proongation of the strife so de-
| mand. -
UNTRIED MEASURES
| OF the urtried measures there remain only:
| Recognition of the insurgents as belliger-
ents. recoEnitlon of the independence of
! Cuta; neutral Intervention to end the war
| by imposing a rational compromise between
| the contestants, and intervention in favor OF
one or the other parties. | speak not OF
| forcb,e annexation, for that cannot be
thought of That by our code of morality
| would be criminal aggression
| Recognition OF the belligerency OF the
| Cuban insurgents has often been canVassed
| as possible, if not inevitable step, both III
regard to the previous ten years struggle
and during tho present war. | am not un-
mindful that the two houses of congress In
the spring of 1896 expressed the opinion by
| concurrent resolution that a condition oi
public war existed requiring or justifying
the recognition of a state of Oelllgerency III
Cuba and during the extra session the SEN
| p1
| which, however, was not brought to a vote
in the house. In the presence OF these
significant expressions of sentiment of the
legislative branch, it behoOves the executive
to soberly consider the conditions under
| which so important q measure must needs
rest for justification. 1t is to be seriously
considered whether the Cuban insurreCtior
possesses beyond dispute the attributes Of
: statehood which alone can demand the recog
milton of belligerency in its favor. Posses
sion, in short, OF the essential qualifications
of sovereignty by the insurgents ard the
conduct of the war by them according tC
, the recognized code of are no less i'm
portant factors toward the determination o
/ the problem Of belligerency than are the
influences and consequences of the struggle
upon the internal policy of the recognizing
| state.
; QUOTES GRANTS MESSAGE.
!, The wise utterances of President Grant II
his memorable message OF December Z, 1875
are sgnally relevant TO the present situation
in Cuba, and it may be wholesome now t.
recall them. At that time ruinous con
hict had for seven years wasted the neigh
boring island. During all those years al
utter disregard of the laws of civilized war
fare and of the just demands of humanity
which called forth expressions of condemna
ton from the nations of Christendom, con
tinued unabated. Desolaton and ruin per
J vaded that productive region, enormously af
| n q al no
tiors, but that OF the United States NOR,
than any other by reason Of proximity ani
larger trade and intercourse At that juno
ture General Grant uttered these words
which now as then sum UP the elements o
the problem:
"A recognition of the independence Of Cub
being, in my cpnion, impracticable and in
defensble, the question which next present
itself is that of the recognition of belligeren
rights in the parties to the contest. In
former message to ccagress | had occasion t
consider this question and reached the con
cluson that the conflict in Cuba, dreadful
and devastating as were its incidents, di
, , not rise to the fearful dignity of war.
: 1T is possible that the acts or foreig
powers, and even acts CT Spain itself of thi
very nature, might be pointed to in defens
Of such recognition. But now, as in its pai
history, the United States should CAREFUL
avoid the false lights which might lead it int
the mazes of doubtful law and OF questionable
Q the rule which has been its guide, of doin
| only Eat which is right and honest and
. good report. The questicu OF according Q
Withholding rights of beligerency must b
/ judged in every case in view of the pal
tlcufar attending hcts. Unless justified b
/ necessity it is always, and justly, regarde
) as an unfriendly act and a gratuitous demon
stration of moral support to the rebellion
1t is necessary. and it is required, when tn
l 'uterests and rights of another governmen
, or of its people are so far affected by
, pending civil conflict to require a defintlo
, of its relations to the parties thereto. Blu
this conflict must be one which will be recog
nlzed in the sense of international law Il
war.
WHAT CONSTITUTES WAR.
"Belligerence, too, is a fact The me-
; existence of cOntending armed bodies an
their occasional conflicts do not coastitut
war in the sense referred to. Applying (
the existing condition of affairs In Cuba, III
: tests recognized by publiclsts and writers O
interratiounl law, and which have bee
, observed by nations of dignity, honesty am
power, when free from sensitive. selfish au
unworthy motives, / fail to find in the in
: surrection the existence OF such
substantial political organization real, palpa
BILE and manifest to the world, having tn
forms and capable of the ordinary function
of government toward its own peDDle and 4