The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-07
BELLIGERENCY.


the Cuban insurgents has often been
canVassed as a possible if not newt
able step, both in regard to the previous
ten years struggle and during the pres
ent war. l am not unmindful that the
two houses Of congress. in the spring
OF 1875, expressed the opinion by con-
current resolution, that condition Of
public war existed requiring or iusti-
fyIng the recognition of d state of
belhgerencS in Cuba, and during the
extra session the senate voted a Joint
resolution of ike import, which, how
ever, was not brought to d vote in the
house. In The presence of these sig
nlflcant expressions of the sentiment of
the legislative branch, it behoOVes the
executive to soberly consider the condi-
tons under which so important 4 meas
ure must needs rest for justification. 1t
IS 10 be seriously considered whether
the CUBAN lnSurrecuon possesses be-
yond dispute the attributes OF state
hood. which alone can demand the
recognition of belligerency in its favor
Possession. short OF the essential quail
ficatio2s OF sovereignty, by the insur-
gents, and the conduct of the war by
them according TO the recognized code
Of war. are no less important factors
toward the determination Of the prob
lem Of beligerency than are the in
Huences and consequences of the strug-
gle uDon the internal policy of the
recognizing state.
BACK IN 1873
The wise utterances of President
Grant in his memorable message of
Dec. Z. 1873. are signally relevant to
the present situation in Cuba, and it
may be wholesome now to recall them
At that time a ruinous conflict had for
seven Years wasted the neighboring
island. During all these years an utter
disregard of the laws Of civilized war
fare and Of the Just demands of hui
manity, which called forth expressions
OF condemnation from the nations Of
ChriStendOm. continued undated. DeS-
olation and ruin pervaded that produc-
tive region, enormously affecting the
commerce oe all commercial 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:
GRANTS UTTERANCEs.
"A recognition of the independence of
Cuba being. IL my opinion, !mpractie-
able and indefensible, the question
which next presents itself is that OF the
recognition a. belligerent rights in the
parties TO the contest In q former
message to congress 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
dignity 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 its past history. the U2ited
States should carefully avoid the false
lights which might lead it into the
mazes OF doubtful law and OF unQues-
tionable Droprtety, and adhere rigidly
and sternly to the rule. which has been
its guide, Of doing only that which is
right and honest and of good report
The question of according or withhold
ing rights Of belligerency. must
be judged in every case. in view of the
particular attending facts. Unless JUS
tilted by necessity, it is always, and
justly regarded as an unfriendly act
and 4 gratuitous demonstration of
moral supporr to the rebellion. 1t is
necessary, and it is required, when the
interests and rights of another govern
ment or Of its people are So far affected
by a pending ciVil-confiict as to require
y definition of its relations to the par
ties thereto. But this conflict must be
one Which VIII be recognized in the
sense Of International law as war.
WHAT CONSTITUTES WAR.
'.Belligerenee, too, Is a. fact. The
mere eNistence Of contending armed
bodies and their occasional conflicts do
not constitute war in the sense. referred
10. applying to the existing condition
of affairs in Cuba, the tests recognized
By publicists and writers on internal
tianal law, and which have been OBJ
served BY nations Of dignity honesty
and power, when free from sensitive or
selfish and unworthy motives. 1 fail to
drd int the insurrection the existence
Of such q substantial political organi-
"a s4, is' ,.ie Ia. re f il ia I'M to