Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1897-12-07

were its incidents, did not rise to the fear
full dignity of war. 1t Is pos.
sible that the acts of foreign powers, and
even acts of Spain herself, of this very
nature, might be pointed to in defense OF
such recognition. But now, as in its past
history. the United States should care
fully avoid the false light which might
lead it into the mazes of doubtful law and
of questionable propriety, and adhere
rigidly and >uernly to the rule, which has
been its guide, Of doing only that which
is right and honest and of good report.
The Question of according or of withhold.
ing ii ghts of belligency must be judged
in every case, in view of the particular
attending facts. Unless justified by neces-
sity, 1t is always, and justly. regarded as
an unfriendly act and a gratuitous demon.
stration Of moral support TO the rebellion.
1t Is necessary, and it is required, when
the interests and rights of another gov
eminent or of its people are so far affected
by II pending civil conflict as to require
definition of its relations to the parties
thereto. But this conflict must be one
which will be recognized III the sense Of
international law as war"
Bc!ligerenJc, too, is n fact. The mere
existence of contending armed bodies, and
their occasional conflicts, do not eonsti-
tute war in he sense referred to. Apply
ing to the existing condition OF affairs in
Cuba tire tests recognized by publicists
which have keen observed by nations of
dignity, honesty and power, when free
from sensitive or selfish and unworthy
motive; fail to find in the instruction
the existence of such Il substantial politi-
cal organization, real, Eaipable and mani
fest 10 II ord, having the forms and
capable Of the ordinary functions OK gov
ernmeui toward its own people and to
other states, with courts for the admins
tration OF justice, with q local habitation,
possessing such organization of force, such
material. such occupation of territory as
to take the contest out OF the category of
o mere rebellious instruction, or occa
sion4l skirminishes, and place it on the
terrible footing of war; TO which a recog
milton of belligerency would aim to ele
vatc1t.
The contest, moreover, is solely on land;
the insurrection has not possessed itself
of a single seaport whence it may send
forth its flag, nor has 1t any means of
communication with foreign powers ex-
cept through the military lines of its adj
versaries No apprehension of any of
those sudden and difficult complications
which war upon the ocean Is apt to pre-
cipitate upon the vessels, both commercial
and national and upon the consular
officers of other powers. calls for the def
milton of their relations to the parties to
the contest.
Considered as question of expediency,
/ regard the accordance of belligerent
rights still to be as unwise and premature
as l regard 1t to be, at present, indefensi-
BILE as a measure of right.
Such recognition entails upon the
country according the rights which flow
from it difficult and complicated duties,
and requires the exaction from the con-
tending parties of the strict observance of
their rights and obligations. 1t confers
the right of search upon the high seas by
vessels of both parties; it would subject
the carrying of arms and munitions of
war, which now may be transported freely
and without interruption in vessels of the
United States, to detention and to pos
sible seizure; it would give rise to count
less vexatious questions, would release the
parent government from responsibility
for acts done by the insurgents and would
invest Spain with the right to exercise the
supervision recognized by the treaty of
1895 over our commerce on the high seas,
a very large part of which. in its traffic
between the Atlantic and gulf states, and
between all of them and the states on the
Pacific, passes through the waters which
wash the shores of Cuba. The exercise of
this supervision could scarce fail to lead,
If not to abuses certainly to collisions
perilouS to the peaceful relations of the
two nations. There can be little doubt as
20 what result such supervision would be-
fore long draw this nation. 1t would be
unworthy of the United States to inaug-
urate the possibilities of such result by
measures of questionable right or eXpe-
diency, or by any indiscretion,
Turning to the practical aspects of a
recognition of belligerency and reviewing
its inconveniencies and possible dangers,
still further pertinent considerations ap-
pear. In the code of nations there is nc
such thing as a naked recognition of bel
unaccompanied by the aSsump-
ton of international neutrality. Such
will not confer upon either
party to a domestic conflict status not
heretofore actually possessed or affect the
relations of either party to other states.
The act of recognition usually takes the
form of a solemn proclamation of neu-
trality, which relates the de facto condi-
ton of belligerency as its motive. 1t an
nounces n domestic law of neutrality in
the declaring state. 1t assumes the inter
national obligations of a neutral in the
presence of II public state of war. 1t
warns all citizens and others within the
jurisdiction of the proclaimant that they
violate those rigorous obligations at their
own peril and cannot expect to be shielded
from the consequences. The right of visit
and search on the seas ana seizure of YES
sells and cargoes and contraband of war
and good prize under admiralty law must
under international law be admitted as
legitimate consequence of IA proclamation
of belligerency. While according the
equal belligerent rights defined by public
law to each party in our ports disfavors
would be imposed on both, which while
nominally equal would weigh heavily in
behalf of Spain herself. Possessing a
navy and controlling the ports of Cuba,
her maritime rights could be asserted not
only for the military investment of tho
island, but up to the margin of our own