River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1897-12-09

conflict ia , FOR seven ears wasted the
neiehboring island. During ell those years
mn utter cisreEart Of the laws Of civilized
warfare and of the just demands Of hui
nia nity, which called forth expressions OF
condemnation from the nations OF chris
tenuom continued undated. Des0lation
AM ruin pervaded that productive region,
enormously affecting the CONNIE rec or all
commercial nations but that Of the United
proximity aud larger trade and intercourse.
AZ kEaL ,2uactufe Grant uttered these
Worus. which now rs then sum up the ele-
meuts 81 the problem: "a recognition OF
the Independence II Cuba being. IN my
opinion. impractical bic and indefensible. the
question which next presents itself Is
that 90 the recognition OF belligereut rights
'u the parties - the contest. IN former
El1er this question. and reached the con-
cluelon that the conflict in cuba. dreadful
not rse Ia ~ ~ r, W. gnif 's i9Sissn,s ss
TT Is possible that the acts OF foreign
powers, and even acts 81 Spain herself, Of
this very nature might be pointed 20 IN de-
Tense Of such recognition. But now. as 81
Its past history. The United States should
carefully avoid the false lights which might
lead = INTO the mazes Of doubtful law ard
idly and sternly 10 the rule which has been
its guide OF doing only that which IS
right and honest and OF good report. The
rights OF bcliigerency must be Judged IN
every case. In view 81 the particular al
p
50 Is always and Justly regarded as an UNI
friendly act and a gratuitous demoustra-
tion az moral support 70 the rebellion. II
is necessary. and IL IS required. when the
interests and rights OF another government
or Of it, people are so far affected by
aeaaitlon Of lis reiaiions 10 the parties
thereto but this conflict must be ore
which j. recognized IN the sense or IN
teruational law as war.
Recognition Not Justified.
"Belllgereuce. too. Is q fast. The mere
existence Of ccnteuGng armed bodies and
their occasional conflicts DO not constitute
var So the sense referred TO-. Applying TO
the existing condition OF affairs in Cuba
the tests recognized by publicists and writ
ers on international law. and which have
been observed hv nations Of dignity. hon
estv and poyver when free from sensitive or
selfish and unworthy motives, ] fan 10
Gr3 IA the instruction the existence OF
such a substantial political organization,
real psIpabls and manifest TO the
worlf having the forms ana capable OF
the ordinary functions or GoNefnmeht
toward Its own people ana 10 other states
with courts for the administration OF jus
tice. with q local habitation, possessing
such organization OF force, such material.
s,1r51 oce,ffnsffcn ~ Tertiary q : ia take the
contest out OF the category OF mere re-
bclllous lusurrection or occasional skir-
ing of war. TO which a recognition Of bel
ligerency would aim to elevate IT,
The conte-s, moreover, Is solely on
Ia nd; the insurrcction has not possessed
4t>elf Of a single seaport whence II may
seHq forth lis flag, nor has u any means o.
cOmmunl alton with foreign powers eX-
cept through the military lines Of its adj
Versaries. No apprehension OF any OF
those sudden aud difficult complications
which war upon the ocean Is apt to pre-
cipltate upon the vessels, both commercial
and national, and upon consular officers Of
other powers calls for the definition OF
their relations TO the parties to the contest.
Considered a ( a question Of expectancy, |
regard the accordance Of belligerent rights
sim 10 be as uuwise and premature, as re-
gard 10 to be, at present, indCfCnSIblc as
measure OF right.
such recognition entails upon the coun-
try according the rights which flow from IL
difficult and complicated duties and re-
qUires the eNactiuu rom the Contendiug
parties OF the strict observance Of their
rights and obligations Il Confers the right
OF search upOn the hiEh seas 10y vessels o I
both parties. IL would subject the carrying
OF arms ana munitions of war, which now
may lie TRANSPORTED freely and without in
tcrruptiOn. in vessels OF the United States
TO detention and to possible seizure; IL
tons, would release the parent government
from responsibility for 6 cts done by the in
surgents, and would inv est Spain with the
right TO exercise the supervision recognized
by our treaty Of 1898 ove- our commerce on
the seas, 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. Iasses through the
waters which wash tie shores of Cuba
The exercise Of fI;S etIpervfS{on couId
scarce fail 10 lead, il not TO abuses, GER
talniy to collisions PEI Ilous 10 the peaceful
little doubt as 10 What result such super
vision would Def" re long draw this nation.
IL would be UNIV orthy of the United States
10 inougurate the possibilities of such re
suit. by measures of question: BILE right or
UXpediency, or by any indirection."
What Recognition Would Mean.
Turning TO the practical aspects Of a rec
oEnitiOu OF belligereucy and reviewing It's
further pertinent considerations appear.
IN the cOde Of ma ions there is no such thing
as a naked recognition OF beiiigerency UNI
accompanied by the assumption Of iEterna-
tional neutrality. such recognition viii
not confer upon either party 10 domestic
conflict a status not heretofore actually
possessed or effect the relation of either
party 10 other states. The act Of reCOgni-
ton usually takes the form of solemn
proclamation Of neutrality which TcCitcs
the DE iacto cohdltluh OF belilScfency as
its motive. ~ announces domestic law
of neutrality iu declaring state. II assumes
Tue international o'liSat ions CT heutFai
% the presence OF public state OF war. IL
warns all citizens and others within the
jurisdiction OF the prOClaimant that theN
violate those righteous obligations al their
own peril ana cannot expect 10 be shielded
from the consequences. The right OF visit
ana search on the seas and seizure OF YES
sells ana caigoes ana cohtfaband 81 war
ana good prize under admiralty law must
under international law be admitted
legitimate consequence Of a proclamation
OF belligereucy. While according he equal
belligerent rights defined by public law TO
each party I'm our ports disravors would ht
Imposed on both, which while nOminal1y
equal would weigh heavily in behalf of
Spain herself. Possessing a navy ana con-
trolling the ports or cuba her maritime
rights could ue asserted not only for the
military inv estment Of the island but UP to
the margin or our own territorial waters.
and a condition Of things would exist for
which the Cuhans within their own domain
could not hop" 10 create a parallels while
its creation throuIl aid or sympa tiny from
within our domain would be even more im-
POSSIBLE than now, with the additional OLE
LEGATIONS III international neutrality We
voIid periorce assume.
Regarded. at Present, ~ Jnwise.
The enforcement OF this enlarged and on
crCus code uf neutrality would only be
influential within our own g. lSdirU1n 10y
land and sea, and applicable by our own
iu=trumeutaliiies. IL could impai 60 the
tinted states 40 Jurisdiction between
spain and tho insurgents. II would give the
United STATES no right OF interN entiou 10
enforce tho conduct uf the strife within
the para mount authority of Spain accord
ing 10 the iutgrvatios AZ code of war. For
these reasons ! regard the recognition OF
the hclligereuCy Of the Cuban insurgents
as now unwise. ard thet efore inadmissablc.
Should that step hereafter he deemed wise
rs measure Of right and duty. the e&ecu-
tive Will take IL.
InterNeution.
Intervention tlpon humanitarian grounds
has been frequently suggested, and has not
failed to receive nay most anxious ami
stem he now taken. when It is apparent
that q hopeful change has superVcned IN
tho TNilCN OF SPAN toward tubdt \ new
government has taken office in the mother
country 1t is pledged ~ advance TO the
dcclara ton that all the efforts Of tie world
cannot suffice to maintain peac. in cuba
by the hayoGet: that vague promises of re-
form after subiugutiUn afford no solution
Of the insUlar problem, that with a SUBJ
stitutiun OF commanders must come
change af the past 'Ystem Of warfare for
one iii harmony with new policy which
shall no longer aim to drive the Cuhans to
the "hCrriile alternat tive Of taking 10 the
thicket or sICcumhing I'm misery" that re-
forms must he instituted I'm accordance
with the needs ana circumstances OF the
time, ana that these reforms. while de-
siCurs g. give tu-- aut -.'-;i,is 10 the colony
and 70 create virtual entity and self-coH-
troIied administration, shall Yet conserve
and affirm the sovereignty Of Spain by
just distribution Of powers and burdens
upon a basis Of mutual interest. untainted
by methods Of selfish expo .iency.
Lies in Honorable Paths.
The first acts OF the new government lie
IN these honorable paths The policy Of
cruel Tapiue and rNtermtnati0u that so
long shocked the universal sentiment of
humanity has been reversed. Under the
new military commander "a broad ClsmenCy
Is proffered. Measures have already been
set on foot 10 relieve the horrors of starya-
ton. The power of the Spanish armies, IL
IS asserted, is 90 he used not TO spread ruin
and des0latiou. but 10 protect the esump-
ton q peaceful agricultural pursl Is and
prod Ictiye industries. That past methOds
are futle 20 force a peace bY subiuEatiOn is
freely admitted, and that ruin without con-
ciiatton must newt" bly, fail TO win or
Spain the fidelity of a cUUteuteu depend
encS. DEGREES in application Of III, fore
Swallowed reforms have already been pro-
mn gated The fun text Of these DEGREES
Fa- a F.ar rFe. fg,