The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1897-12-07

'iS'H aCCorulng TO the received coue OIL
war are no less important factors to-
ward the determination Of the problem
OF oelligerency than are the consequence
es OF the struggle upon the Internal
pollcy OF the recognizing state.
line wise utteranees Of President
Grant in his memorable message Of
1870 are signally reVelant to the pres
ent situation in Cuba and it 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 dis
regard of the laws of civilized warfare
ana OF the just demands of humanity
called forth expressions of condemna-
ton from the nations, Of Christendom,
continued undated. Desolation and
ruin pervaded that productive region,
enormously affecting the commerce of.
all commercial nations, but that of the
United States more than any other by
reason of proximity and larger trade
intercourse. At that juncture General
Grant uttered these words, which now
as then, sum up the elements of the
problem:,
Fearful Dignity of War.
"A recognition of the independence Of
Cuba being in my opinion, impractical
Bile and indefensible, the question which
next presents itself is that of the recog-
milton of belligerent rights in the par
Ties to the contest, In a former mes
sage to congress 1 had occasion to con-
slider this question and reached the con-
clusion that the conflict In Cuba, dread
full and devastating as were its Incl
dents did not rise to the fearful dignity
of war.
The question of according or Of with
holding rights of belligerency must be
judged In every case in view Of the
particular attending facts. Unless JUS
titled by necessity it is always, and
justly, regarded as an unfriendly act
and a gratuitous demonstration of
moral support to the rebellion. 1t is
necessary and it is required, when the
interests and rights of another gov
eminent or of it's people are so far af
fected by pending civil conflict as
to require 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
"BelligerencyS 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 writer's on interna-
tional law, and which have been OBJ
served by nations Of dignity, honesty
and power, when free from sensitive or
selfish and unworthy motives, I fail
to find in the insurrection the existence
of such substantial political organiza-
ton, real, palpable and manifest to the
world having the forms and capable of
| the ordinary functions of government
towards it's own people and to other
| states, with courts for the administra-
ton of justice with local habltation
possessing such organization of force,
such material, such occupation of terri
tory as to take the contest out of the
| category of a mere rebellious insurrec-
ton or occasional skrmishes and place
1T on the terrible footing of war, to
which a recognition of belligerency
would aim to elevate It,
'The contest moreover is solely on
land; the instruction has not possessed
itself of a single seaport whence it may
send forth it's flag nor has it any means
of communication with foreign powers
| C1NSCpl IllIouSI Tic HllllldIy lilies VI us
adversaries. No apprehension of any of
those sudden and difficult complications
which war upon the ocean is apt to
! precipita e upon the vessels both COM
mercial and national and upon the con-
suiar officers of other powers calls for
| the definition of their relations to the
parties to the contest. Considered as a
| question of expediency, I regard the
accordance of belligerent rights still to
be as unwise and premature as / re-
| gard it to be, at present, indefensible
as a measure of right
| Here the message deals with the diff
cult and complicated questions which
such a recognition would entail upon
the government and then continues
For these reasons I regard the recogni-
ton of the belligerency of the Cuban
insurgents as now unwise and therefore
inadmissable. Should this step hereaf-
ter be deemed wise as a measure OF
right and duty, the executive will take
it.
Intervention.
Intervention upon humanitarian
grounds has been suggested and has not
failed to receive my earnest considera-
ton. But should such l. step be now
| taken when 1t is apparent that a hope
full change has supervened in the policy
of Spain toward Cuba and new gov
eminent has taken office in the mother
country?
The first acts of the new government
lie in the honorable paths. The policy
of cruel rapine and determination that
so long shocked the universal sentiment
of humanity has been reversed. Under
the new military commander broader
clemency is proffered Measures, have
already been set on foot to relieve the
horrors Of starvation. The power of the
Spanish armies, it is asserted, is to be
used not to spread ruin and desolation
but to protect the resumption of peace
fut agricultural pursuits and produc
tive industries. That past methods are
futile to force a peace by subjugation is
freely admitted and that ruin without
Cancellation must inevitably fail to wiz
for Spain the fidelity of a contente6
pendancy.
DEGREES in application of the fore
Swallowed reforms have already beer
promulgated. The full text of these de
crees has not been received, but as fur
nished in Geographic summary from
our minister are: All civil and cleo
tora1 rights of peninsular Spaniard'
are, in virtue of existing constitutional