The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-12-07


prevented the departure Of a single mill
tarY expedition or armed vessel from our
shores In violation OF our hgs would
seem to he sufficient answer. But of
this aspect OF the Spanish note II Is not
necessary to speak further now. Firm
In the conviction OF wholly performed
obligation due response TO This charge
has been made In diplomatic course.
Throughout all these horrors and dan
gers TO our own peace this government
has never In any way abrogated us SOW
ereign prerogative or reserving to itself
the determination of Its policy and
course according 10 It's own high sense of
right and In consonance with the dearest
interests and convictions of our own peo-
pie should the prolongaIlon OF the strife
SO demand.
OF the untried measures there remain
only: Recognition Of the insurgents as
belligerent. recognition Of the independ-
ence OF Cuba, neutral intervention 10 end
the war by imposing II rational compro-
mise between the contestants, and inter-
ventlon In favor of one or the other par
ty, ! speak not of forcible annexation
for that cannot be thought Of, That by
our code of morality would he criminal
aggression, Recognition of the belllger-
ency Of the insurgents has often been
canvassed as possible IL not Inevitable
step both in regard to the previous ten
years struggle and during the present
war
BELLIGERENCY RESOLUTIONS,
am not unmindful that the two
HOUSES of Congress in the spring of 1896
expressed the opinion by concurrent res
olution that condition OF public war
existed requiring or jGStifytng the recos-
milton OF a state of belligerency In Cuba,
and during the extra session the senate
voted joint resolution Of the like i'm
port which, however was not brought 10
vote In the house'os representatives.
In the presence of these significant eN-
presslons of the sentiment OF the leglsla-
tive branch 1t behooves the executive
TO soberly consider the conditions under
which SO important a measure must
needs rest for Justification, II Is TO be
seriously considered whether the Cuban
instruction possesses beyond dispute
the attributes of statehood which alone
can demand the recognition of belllger.
ency In Its favor Possession, IN short OF
the essential qualifications OF sovereign
ty by the Insurgents and the conduct OF
the war by them according to the re-
celved code OF wa are no less important
factors toward the determination of the
problem OF belligerency than ars the in
iiuences and consequences OF the struggle
upon the internal policy of the recogn@-
Ing state
The wise utterances OF President
Grant In his memorable message OF De-
cemper T. 1875 are slgnally relevant to
the presen, situation In Cuba anti It
may be wholesome now TO recall them.
At that time a ruinous conflict had fof
seven years wasted the neighborlng is
land During all those years an utter
disregard of the laws of civilized war;
fare and OF the just demands Of hui
mainly, which called for the express
ions Of condemnation from the nations
of Christendom, continued undated.
Desolaton and ruin pervaded that pro-
ductlve region, enormously affecting
the commerce Of oil commercial ma
lions, but that OF the United States
more than any other by reason OF proX-
unity and larger trade and intercourse.
At that juncturc General Grant uttered
these words, which now, as then, sum
up the elements of the problems
GRANTS WORDS RECALLED.
"a recognition of the independence of
Cuba being in my opinion, impractical
bic and indefensIblc, the question which
next presents itself is that of the rec
ognitlon of belligerent rights In the
parties to the contest. In former
message to Congress he had occasion
to consider this question and reached
the conclusion that the conflict in Cuba,
dreadful and devastating as were Its in
Cidonts did not rise to the fearful dig
nifty OF war 1t is possible that the
acts of foreign powers, and even acts
of Spain herself. of this very nature,
might he pointed to IN defense Of such
recognition. But now, as in its past
history. the United States should care
fully avoid the false lights which
might lead 1t into the mazcs Of doubt
full law and of questionable proprlety.
and adhere rigldly and stcrnly to the
rule, which has been its guide of doing
only that which Is right and honest and
of good report The question Of ac-
cordinS o. Of Withholding rights OF bel
ligerencv must be judged in every
case, In the viewof the particular attend
Ing facts. Unless justified by neces-
sity, 1t Is always and justly, regarded
as an unfricndlF act and n gratuitous
demonstration of moral support to the
rebellion. II Is necessary, and II Is re-
qulred when the interests and rights of
another government or of It's people are
50 far affected by pending civil con-
flict as to require definition OF It's
relations to the parties thereto But
this conflict must be one which will be
recognized in the sense Of international
law as war.
"BelliCcrencc, tco. Is a fact, The mere
existence os contendnE armed bodies.
and thoir occasional conflicts. do not
constitute war in the sense referred to
Applying to the existing condition Of
affairs In Cuba the tests recognized bv
publicists and writers on international
law. and which have been observed by
nations OF dignity, honesty and power.
when free from sensitive or selfish and
unworthy motives fail to find In the
instruction the existence Of such
substantial political organization, real.
palpable and manifest TO the world
having the forms and capable Of the
ordinary functions OF government to-
ward It's own people, and to other
states, with courts for the adminlstra-
ton OF justice. with a local habltltIon,
possessing such organization Of force
sucE material. such occupation OF ter
rltOry rs to take the contest out Of the
category of mere rebclllous insurrec-
ton or occasional skrmishCs, and place
II on the terrible footing Of war To-.
which recognition " belllgerency
would aim to elevate IT,
RECOGNITION OF BELLtGERENCY
t'NWISE
"Thc contest, moreover, is solely on
land; the lnsurrccslon has moi posRcss-
cd Itself If single seaport whence II
may rcnd forth no nnp nor has n any