The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-12-07
the autonomy Of Cube while guarding
Spanish soy@reiuntv.

tho autonomy Of Cube while guarding
Spanish sovereignty.
In thea baence of a declaration of the
measures that this government proposes
to take in carrying out it's proffer of good
offices, 1t 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 obi.
cations and cut off the assistance which,
it is asserted, the insurgents receive from
this country. The superstition of ar in
definite prolongation of the war is de-
MED.
The immediate amelioration of existing
conditions under tho new administration
Of Cuban affairs is predicted and there
withal the disturbance, and all occasion
for any change of attitude on the part OF
the United states.
Have Done Our Duty as to Filibusters.
Discussion of the question of the inter
national duties IN responsibilities of the
United States, as Spain understands
them, is presented, with IN apparent dis
position to charge us with failure in this
regard. This charge is without any basis
in fact. 1t could not have been made if
Spain had been cognizant of the constant
efforts this government Mas made, at the
cost OF millions and by the employment
OF the administrative machinery of the
nation at command to perform it's full
duty, according to the law of nations.
Due response to his charge has been
madei in diplomatic course.
Throughout all these horrors and dan.
gers to our own peace this government
has never broken nor i'll amy way abro-
gated its sovereign prerogative OF reserv-
ing to itself the determination of it's pol
icy and course according to it's own high
sense of right and in ~consonance with
the dearest interests and convictions OF
our own people, should the prolongation
OF the strife SO demand
Three Untried Measures Yet Remain
OF the untried measures there remain
only: Recognition of the insurgents as
belligerents, recognition of the %independ-
ence OF Cuba; neutral intervention to end
the war by imposing Il rational compr
mise between the contestants and inter.
vention in favor of one or the other party.
l speak not of forcible annexation, for
that cannot be thought of. That by our
code OF morality would be criminal ag-
erosion.
The QUESTION of Belligerency.
Recognition of the belligerency of the
Cuban insurgents has often been can
vassed as u possible if not inevitable step
both in regard to the previous 10 years
struggle and during the present war. l
am not unmindful that the two houses of
congress in the spring OF 1896 expressed
the opinion by concurrent resolution that
u condition of public war existed requir-
ing or justifying the recognition of the
state OF belligerency in Cuba and during
the extra session the enate voted Il joint
resolution Of like import, which, how
ever, was not brought to II vote in the
house Of the representatives. In the
presence of these significant expressions
OF the legislative branch it Dehooves
the executive to soberiy consider
the conditions under which so
important a measure must need rest for
justification. 1t is to be seriously consid-
cred whether the Cuban instruction pos
sesses beyond dispute the attributes of
statehood, which alone can demand the
recognition OF belligerency in it's favor.
Possession, in short, of the essential quail
ifications of sovereignty by the insurgents,
and the conduct OF the war by them &C
cOrding to the reserved code of war are
no less important factors toward the de-
termination Of belligerency Than are the
Influences II consequences OF the Strug-
gle upon the international policy of the
recognizing state.
Recallc Grants Utterances.
The utterances of President Grant in hi.
memorable message of Dec. Z, 1879, are
signally relevant to the present situation
in Cuba, and it may be wholesome now to
recall them. The conditions were the
same then as now except that the war had
been longer continued and the devastation
ever greater. The conclusions of Presi-
dent Grant were at that time, however,
against recognition of belligerency, be-
cause he did not believe it in fact existed,
as belligerency is understood by the law of
nations.
Practical Aspects of Recognition.
Turning to the practical aspects of a
recognition OF belligerency and reviewing
its Inconvenience and positive dangers,
still further pertinent considerations
appear. In the code of nations there is
10 such thing as a naked recognition of
belligerency unaccompanied by the as.
sumption of international neutrality.
Such recognition without more will not
confer upon either party to the domestic
conflict a status not heretofore actually
possessed, or affect the relation of either
party to other states The act of recogni-
ton usually takes the form of a solemn
proclamation of neutrality which recites
the de factO condition of belligercncy as
its motive. 1t a domestic law
IN neutrality in declaring state. 1t as
sumes international obligations of = neu.
trail in the presence Of public state of war
1t warns all citizens and others within
the jurisdiction of the predominant
that they violate those righteous obliga.
tions at their own peril and cannot expect
to be shielded 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 international
law be admitted as a legitimate conse.
quence of a proclamation of belligerency.
While according the equal belligerent
rights defined by public law to each party
in ports d%isfavors would be imposed
on both which, while nominally equal
would weigh heavily in behalf of Spain
herself.
Would He Bad for Gu b 4.
poaseaaino n navy and contro11in0 the