Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-06


Of the international duties and RESPONSE
bilities of the United States as Spain under
stands them is presented with an apparent
disposition to charge us with failure in
this regard. This charge is without any
basis In fact 1t could not have been made
| If Spain had been cognizant of the con-
slant efforts this govefnment has made at
the cost of millions and by the employment
of the administrative machinery of the
ration at command to perform its full duty
according to the law of nations. That it
has successfully prevented the departure
of a single military expedition or armed
vessel from our shores in violation of our
| laws would seem to be sufficient answer
But of this aspect of the Spanish note it is
not necessary to speak further now Firm
in the conviction of a wholly performed OBJ
legation, due response to this charge has
been made III diplomatic course
Throughout all these horrors and dangers
to our own peace this government has
never in any way abrogated its sovereign
prerogatiye of reserviEg to itself the de-
termination of its policy and course ac-
cording to its own high sense of right and
in consonance with the dearest interests
| and convictions of our own people should
the prolongation of the strife so demand
OF the untried measures there remain
only, RecoSnltlOn OF the insurgents as
belllgerects; recognition of the independ-
ence of Cuba; neutral intervention to end
the war by imposing rational compromise
between the contestants, and Intervention
in favor of one or the ether party. 1 speak
rot of forcible annexation, for that can
| not be thought Of That by our code Of
morality would be criminal aggression
On the Recognition of BelIigerency.
Recognition of the bellgerency of the Gu
ban insurgents has often been canvassed
as a possible if not inevitable step both in
regard to the previous ten years struggle
and during the present war. l am not I'M
! mindful that the two Houses of Congress in
| the spring of 1896 expressed the opinion by
concurrent resolution that a condition of
public war existed requiring or justifying
| the recognition of state of belligerency in
Cuba, and during the extra session the
| Senate voted a joint resolution of like i'm
| port, which however was not brought to a
| vote in the House of Representa- In
| the presence of these significant express
sions of the sentiment of the Legislative
| branch it behooves the Executive to sobery
consider the conditions under which so I'M
portsnt a measure must needs rest for JUS
| LITIGATION. 1t is to be seriously considered
whether the Cuban insurrection possesses
| beyond dispute the attributes of Statehood
which alone can demand the recognition of
belligerency in it's favor Possession, in
| short, of the essential qualifications of
| sovereignty by the insurgents and the con-
| duct of the war by them according to the
| received code of war are no less important
| factors toward the determination of the
problem of belligerency than are the influ-
ences and consequences of the struggle
the internal poltv of he pi1ip
State
The wise utterances Of President Grant
in his memorable message of December Z,
| 1915, are signally relevant to the present
| situation in Cuba and 1t may be wholesome
| now to recall them. At that time ruinous
| conflict had for seven years wasted the
| neighboring Island. During all those years
| an utter disregard of the laws of civilized
| warfare and of the Just demands of hui
| mainly, which called forth expressions OF
| condemnation from the nations of Christen-
| dom, continued unabated. Desolation and
| ruin pervaded that productive region, enor-
| mously affecting the commerce of all COM
| mercial nations, but that of the United
| States more than any other by reason of
| proximity and larger trade and intercourse
| AT that juncture General Grant uttered
| these words, which now as then sum UP
the elements of the problem
| "a recognition of the independence of
| Cuba being, in my opinion, impra ctica ble
| and indefensible, the question which next
| presents itself is that of the recognition
| of belligerent rights in the parties to the
| contest. In former message to Congress
| l had occasion to consider this question.
and reached the conclusion that the conflict
| in Cuba, dreadful and devastating as were
| its incidents, 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 be
| pointed to in defense of such recognition
But now, as In it's past history, the United
States should carefully avoid the false
| lights which might lead 1t into the mazes Of
and adhere rigidly and sternly to the rule
| which has been it's guide, of doing only that
which is right and honest and Of good re-
port. The question Of according or of with
holding rights of belligerency must be
judged in every CASE in view of the par
| tcular attending facts. Unless justified by
necessity, it is always, and justly, regarded
as an unfriendly act and a gratuitous
demonstration of moral support to the re-
| bell1on. 1t is necessary, and it Is required
| when the interests and rights of another
government or of its people are so far af
| fected by pending civil conflict as to re-
quire 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;
"Belligerence. too, is a fact. The mere
| existence Of contending armed 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 publicists and writ
ers on international law, and which have
! been observed by nations of dignity, hon
esty and power. when free from sensitive
| or selfish and unworthy motives, fail to
| find in the insurrection the existence of
such substantial political organization,
real. palpable and manifest to the world
| having the forms and capable Of the ordi-
| nary functions Of government toward its
own people and to other states, with courts
for the administration of justice. with
| local habitation. possessing such organiza-
ton OF force, such material, such occupa-
ton of territory as to take the contest out
n krrr~