The evening times., 1897-12-06

and 1t H. required, when the interests and
rights OF another government or OF its
people are SD far affected bv pending
civil conflict as to require definition OF
its relations to the parties thereto. But
| this conflict must be one which will be
recognized fn the sense OF international
law war.
What Constitutes War.
"Pelligerence, too, is a fact. The mare
existence Of contending armed bodies, and
their occasional conflicts, do not cons T.
tute war in the sense referred to. ApplT-
ing to the existing condition Of affairs in
Cuba the tests recognized by publicists
and writer's On internationa ! law, n nd which
have been nbserved by nations of dignity
honesty nd power, when free from SEN
sitive or selfish and unworthy motives.
fail to find III the insurrection the exist
ence Of such substantial political Organi-
zatiou. real, pa!pable and manifest to the
world, Laying the forms and capable Of
the ordinary functions of governm INT to-
ward its own people and to other states,
with courts for the administration OF
justice with local la abitation, possessing
such organizati ion OF force, such material
such occupation of territory, as to take
the contest ont of the category of mere
rebeiliuus insurrection, or occasional skir-
mishes, and place it ON the terrible footing
Of war. &c which recognition Of belliger-
enc would aim to elevate it,
"The contest, moreover, Is solely on land:
the snsurrection has not possessed itself of
a single seaport whence IL may send forth
its flag, no, has It any meaus of cOmmuni-
cation with foreign powers except through
the military lines of its adversaries. No
apprehension of any OF those sudden and
difficult Complications which war upoa
tile ocean is apt to precipitate up;.n :he
vessels, both commercial and national,
and upon the consular officers OF other pow
ers, calls for the definition OF their rela
tions Ia the parties to the contest. Con-
sidered as question of expediency, re-
gard the accordance OF belligerent rights
still to be as unwise and premature, as
regard IL to he, at present. indefeusible is
q measure OF right.
''Sucn recognition entails upon the coun
try according the rights which flow from
it difficult and complicated duties and re-
qnires the exaction from the contending
parties Of tie strict observance of their
rights and obligations. 1t cOnfers the right
of search upon the high seas by v,sseIs If
both rarties; it would subject tne carrying
OF arms and munitions of war, which now
may be transported freely and without in
terruption, IN vessels OF the Tinted States
to detertion and TO possible seizure; 1t
would give rise to Countless vcSatious
questions, would rele;.se the parent gov
ernment from responsibility for acts lone
by th.. insurgents and would invest spain
with the right to exercise the supervision
recognized by our treaty Of 1875 over our
commerce on the high seas, a very large
part OF which, i'll its traffic between the
Atlantic anG the Gulf States, and betw
all OF them and the States on the Pacific,
passes through the waters which Gesh the
shores of Cuba. The exercise IF this
supervision Could scarce fail to lead, ii
not to abuses, certainly to collisions perilous
to the peaceful relations OF the two States.
There can be little doubt as Co what result
such supervision would before long draw
this nation. II would be unworthy OF the
United States to inaugurate the possibilities
Of ST u result. by measures OF questionable
right % eyrediency, or by any indirection.'
As to Belligerency.
Turning to the practical aspects Of
recognition OF belligerency and reviewing
its inounveniences and positive dangers,
stin fu.theI pertinent consider atoms ap-
pea. In the cole of nations there is no
such hing as naked recognition OF bel
Iigerency unaccompanied by the assump-
ton OF International neutrality. Such rec
ogni,ion without more viii not confer upon
either party to d domestic conflict a status
not Heretofore actually possessed OF AFFECT
the relation of either party TO other States.
The act of recognition usually takes the
form OF solenn proclamation OF Deu-
tralitv which recites the de facto condition
Of be!tigerency as its motive. 1t announces
q domestic law OF neutrality in the 'le-
claring State. II assumes the International
obligations of a neutral in the presence Of
public state of war 1t warns al. citizens
and others within. the Jurisdiction of the
procia;mant thatthey violate those rigorous
obligations at their own peril and cannot
expect tc be shielded from the consequences.
The right of visit and search on the seas
and seizure of vessels and cargoes and cO'l-
traband of wal and good prize under as-
miralty law must under international law
be adrIitred as a legitimate consequence Jf
a proclamation OF belligerency. While ac-
cor,ins the equal belligerent rights defined
by public law to each party in our ports
disfavors would be imposed on both, which
while non.inally equal would weigh heavily
in behalf OF Spain herself. Possessing a
navy and controlling the ports OF cuba
her maritime rights could be asser ted not
only for the military investment Of the
Island but up to the margin of our own
territorial waters, and condition OF things
would exist :or which the Cubans within
their own domain could not hope to create
of sympathy from within our dOpinin w0 Id
be even more impossible than now with the
additicncl obligations of international ned
trality We would perforce assume.
The enforcement of this enlarged and
onerous code of neutrality would only be
influential within our own jurisdiction by
land ana sea and applicable by our own in
strumcutaiities. 1t could impart To the
United States no jurisdiction between
Spain and the insurgents. II would sise
the United States no right of interven.inn
to enforce the conduct CT the strife within
the paramount authority of Spain ac-
cording to the international code of war.
Recognition Is Inadmissible.
For these reasons l regard the rect gni-
tion of the belligerency Of the Cuban IN
surgents as nOw unwise and therefore in
admissible. Should that step hereafter
be deemed wise as measure of right and
duty the Executive will take it.
Intervention upon humanitarian .roun Is
has been frequently suggested and has not
failed TO receive my most anxious and
earnest consideration But should such a
step be now taken when it is apparent that
a hopeful Change has supervened in the pol-
icy of Spain toward Cuba? A new govern
meut has taken office in the rlother coun
try. Itispledeed in advance to cdec,arl-