The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1897-12-07

Import, which, however, was not brought
ITO a vote i'm the house. In the presence
of these significant expressions of sem
tin1ent of the legislative branch 1t be-
hooves the executive to properly consider
the conditions under which so important
measure must rest for justification.
1t is necessary to seriously consider
whether the Cuban insurrection possess
tho essentials of statehood Possession,
I'm shorg, of the essential qualities of
sovereignty by the insurgents and the
conduct of the war by them as regards
the code of war are no less to be con-
sidered in the problem of bslligereney
than the consequences or usages upon
the international policy of recognizing
state.
Quotes Grant On Belligerency.
The wise u terances of President
Grant in his memorable message of Dec.
7, 1876 are significantly relevant to the
present situation in Cuba and it may be
wholesome now to recall them. At that
time a ruineus conflict had for seven
years devastated the island. During all
that time an utter disregard for laws of
civilized warfare and the just demands
of humanity which called forth express
slons of condemnation from the nations
of Christendom continued unabated.
Spoilation and ruin prevailed in The pro-
ductlve regions, with enormous prostra-
ton of commerce of all commercial ma
tions butt that of the United States more
than any other by reason of proximity
and extensive arade and intercourse. At
that juncture Gen. Grant uttered the
words which now will sum up the ele-
ments Of the problem
"a recognition of the independence of
Cuba being in my opinion impracticable
and indefens,ble the question which nsxt
presens itself is that of the recognition
Of belhgerent rights to the parties to the
contest. In a former message to CON
gress l had discussed the question and
reached the conclusion that the conflict
in Cuba, dreadful and devas, ating as
were its incidents. did not rise to the
fearful dignity of war 1t is pos
s.ble that the actions of foreign power
and even acts of Spain herself of this
very nature might be pointed to in de-
fence of such recognf. ion. But now, as
in its past history the United States
should carefully avoid the false lights
which might lead 1T into the mazes of
doubtful law and of questionable pro-
pretty anu euneIe TlSluiy anu SleIlllS ~
the rule which has been it's guide, of
doing only that which Us right and hon
est and of good report. The question of
acceeding OF Withholding rights of bel
lgerency must be Judged in every case
in view of the particular attending fac s.
Unless justified by necessity, it is al
ways and justly regarded as an un-
friendly act and a gratbtuous giving of
- fI.0 -1aJl IL.
necessary and is required when the in
terest or rights of another government
or it's people are so far affected by a con-
fiict as to require a definition of its rela-
lions Ito the parties thereto. But this
conflict must be one which recognized in
The sense of International law as war.
"Belgersncy too, is a fact. Mere ex-
iltence Of contending bodies and their
occasional conflicts do not constitute war
in the sense referred to. Applying to
the existing condition of affairs in Cuba
the. tests recognized by the public is
this and according to writers on inter-
national laws governments which have
been observed by national dignity and
honest power when free from selfish or
unworthy motives, fail to find in the
insurrection the existence of such SUBJ
s.antial political organization, real, pal
pable and manifest to the world, exer-
cfsing the capable and ordinary func-
tions of the government in it's own states
with courts of administration and JUS
tioe, with a local government possess
ing such force and such organization as
to take the, contest out of the category
of a. mere insurrection and place it on
the terrible footing of war, 10 which
recognition of beligerency would adm to
elevate it.
"The contest moreover Is solely on
land, the insurrection has not possess ID
itself of single seaport, whence DIT may
send forth lis flag, nor has it any means
of communicating with foreign powers,
except through the military lines of it's
adveTsaries.
mo expression Of any of the sudden
and difficult complications which war
upon the ocean is apt to precipitare upon
the vessels, both commercial and nation
al and upon the commerce of other pow
ers calls for definition of their rela-
tons to the parties to the contest. If
1T is regarded as a question of expedi-
ency, 1 regard the recognition of bellga
eren, rights to be still premature and
immature, as regard DIT to be indefensi-
Die anu UNJUST. pidCcS
upon the country from which 1t flows
difficult and important duties and i'm
poses upon each of the parties a strict
recognition of their rights and obliga-
tfons. A recognition of both parties
would be significant in the carrying of
munitions of war and arms, which may
now be transported freely and without
interruption in vessels of the United
States subjecting them to detention and
possible seizure. 1t would give rise
TO countless vexations. 1t would release
the parent government from responsible
ity for acts dome by the insurgents and
would invest Spain with the rights to
exercise the supervision recognized by
our treaty of 1879 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