The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1897-12-10

dixDutc the attributes OF statehood which +
alone can demand the recognition Of bel
ligrrency In It's favor. Possession short
OF the essential qualifications Of fover-
eighty by the insurgents. and lte conduct /
Of the war BY them according 20 the rec
ognizcd code Of war. are no less important I
factors toward the Dissemination 81 the
problem Of beliigereucy Than are the IN
upon the internal policy Of the recoHriz-
ing nation The uttcrancrs Of President
Grant IN his memorable message OF 1913
are slrnaIly relevant 70 the present fitu1-
ton IN Cuba. and IL may Be- Unoiefomr
now 70 recall them A. that time a
serious conflict had for seven years wasted
the nclEhborIng island During All those
years an utter disregard Of the laws Of
civilized warfare and 81 the just demands
OF humanity. which called forth expires
sions OF condemnation from the nations
OF Chrisferdofn continued unan4tet-
Desolaflon and ruin pervalled thai pro-
d1ctive region. enormously affecting the
commerce Of all commercial nations. hat
that Of the United States more than any
other. BY reason Of proximity and larger
trade and Intercourse
General Grants Words
At that juncture General Grant uttered
these words. which now. as then. sum ~
the elements OF The problem:
a recognition OF the Independence OF
Cuba being In my opinion ImpractIcable
ana lNlNIEN.IUlrs the question NNI|I next
presents itself II that OF the recognition
OF heilieerenr rights In the parties 10 the
contest In a former message TO congress
1 had occasion TO consider this question
and reached the conclusion that the con-
nlct in Cuba. dreadful and devastating as
were its incidents. Old not rise 10 the
fearful dignity Of war Il 1. pos
sible that the acts Of foreign powers and
even acts OF Spain herself OF this very
nature might be pointed 10 IN defense OF
such recoEuitlon. But now. as In us
past history. the United States should
carefully avoid the false lights which
might lead Il into the mazes Of doubt
ful law and OF questionable propriery
and adhere 10 the rule which has been
its guide. OF doing only that which Is
right and honest and o. good report
The question OF according or Of with
holding rights OF beIiigerercy must be
judged IN every case m view OF the par
ticuiar attending facts. Unless 1ustined
by necessity. IL Is always. and Justly. re-
Earded as an uufrierdly act and as a
gratuitous demonstration OF moral sup
port 10 the rebellion Il Is necessary and
u Is required when the interests and
rights Of another government, or It's peo-
pie are so far affected BY pending civil
conflict as 10 require a definition o. rs
relations to the parties thereto But this
conflict must be one which VIII be recog-
nized in the sense OF international law as
war.
..Beiiieerencv. too f. a fact The mere
existence OF conrending armed bodies and
their occasional conflicts DO not corsti-
tute war In the sense referred TO Apply
iug TO the existing condition OF Affairs In
Cuba the tests recognized By publicists
and writers on International law. and
which have been observed BY nations OF
dignity honesty and power when fre'
from sensitive OF selfish and unworthy
motives. I fail to ind IN the insurrectioI
the existence OF such a substantial polit
zeal. organization. real. paipable and mani
fest 10 the world. as having the form'
and capable OF organization the func-ior'
OF ordinary government toward its Owl
people and TO other states. with court
for the administration Of justice. with
local habitation. possessing such oreaniza
ton OF force. such material. such occura
ton OF territory as TO take the conies
out OF the category Of a mere rebellion
instruction. or occasional sklrmishes. en
place Il on the terrible footing Of wal
TO which a recognition or oellserenc.
would aim 10 elevate H.
The contest. moreover. IS solely o.
land. the insurrectlon has not po=sessc
itself OF a single seaport whence i ma
send forth its flag. nor has Il any mean
OF communication with foreign powers
except through the military lines Of x
adversar.cs. No apprehension OF any q
these sudden and difficult complication
which a war upon the ocean T. apt 20 pre-
cfpitate upon the vessels. both CONNER
cial and naval. and upon the consula
officers OF other powers. calls for IN
definition Of their relations TO the partie
TO the contest Considered as a qre~-io
OF exnediency. I regard the accordance q
5 belligerent rights still 10 De as unwi-
! and premature a. I regard Il 20 be. q
e present. indefensible as measure
Z right
I. such recognition entails upon the cour
= try according the rights diricult and con
. / plicated duties. and requires the eNlctil
q from the contending parties OF the stri'
= observance OF their rights and onAs'
- tfons IL confers the rigrt OF search rl
n on the hi.h seas by vessels or both pa
= ties u would subject the carrying Of arm
q and munitions OF war. which now may
q transported freely and without interru
. ton in vessels OF the United States.
l. detention and possible seizure. Il Won
give rise TO countless vexatious question
z Il would relieve the present government
"a responsibility for acts done By the insu
= gents. and would invest spain with q
n right 70 exercise the supervision reco
u nized By our treaty Of i7>5 over our col
rnerce on the high seas. a very lar
l. part Of which. IN It's traffic between q
"a Atlantic and the Gulf states and betwe'
d an OF them and the states on the Pacif
M passes through the waters which wa
q the shores OF Cuba. The exercise OF q
I supervision could scarce fail TO lead
"A not TO abuses certainly 10 collisions. %
i ilous TO the peaceful relations OF the ~
Il states There can be little doubt as
J. what result such supervision would
,i fore long draw this nation. Il wor
y be unworthy o. the United States %
u augurate the possibility OF such result
a a measure Of questionable right OF e
u pediency. or by any indiscretlon-'
Is Not n Time for Recognition.
n. Turning 70 the practical aspects OF
Il recocnition OF beiilgcrency and reviewi
a. its Inconvenience and possible dang
r further pertinent considerations arpe
rs In the code OF nations. there - no 81
s. thing as a naked recognition OF BELLS
"a ency unacconparied by the assumrtl
n OF national neutrality. such recognlt'
Is without neutrality viii not confer ~
IL either party 20 a domestic conflict a stat
"a not therefore actually possessed. or
OF feet the relation Of either party 20 OF
81 states The act o. recognition usua
O. takes the form % a solemn prociaratl
Re OF neutrality which rccites the De Ca
condition OF beilgcrency as Its motive
in announces a domestic Jaw o. neutral
in the declaring state Il assumes the
g. ternatlonal obligation OF a neutral In
OF presence OF a public state Of war.
ar warns an citizens and others within
,e- jurisdiction OF the claimant that they y
on LATE thnz.. rigorous OBLIGATIONS AZ IN