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

port, which however was not brought to a
vote in the House of Representatives. In
the presence of these significant express
sions of the sentiment of the Legislative
branch it behooves the Executive to soberly
consider the conditions under which so i'm
portant 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 its 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
upon the internal polity of the recognizing
State
The wise utterances of President Grant
in his memorable message of December Z.
1919. are signally relevant to the present
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
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 undated. 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, impracticable,
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
1 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 its past history, the United
States should carefully avoid the false
lights. which might lead it into the mazes of
doubtful law and of questionable propriety,
and adhere rigidly and sternly to the rule,
which has been it's guide, of doing only that
WHICH Is TiSHl anu honest ana OIL SOOu re-
port The question of according or of with
holding rights of belligerency must be
judged in every case. in view of the par
ticular attending facts. Unless justified by
necessity. it is always, and justly, regarded
as an unfriendly act and gratutous
demonstration of moral support to the re-
bellion. 1t is necessary, and it is required.
when the interests and rights of another
government of IFS peOpl,s ia al
fected by pending civil conflict as to re-
qure a definition of its relations to the
parties thereto. But this conflict must be
one which will be recognized in the sense
of international law as war
''Eelligerence. 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 publcsts 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, 1 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 u
local habitation, possessing such organiZa-
ton of force, such material. such occupa-
ton of territory as to take the contest out
of the category of mere rebellious insur-
rection, or occasional skirmishes, and place
it 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
d single seaport whence it may send forth
its flag, nor has it any means of commune
cation with foreign powers except through
the military lines of it's adversaries. No
apprehension of any of those sudden and
difficult complications which a war upon
vessels. both commercial and national, and
upon the consular officers of other powers,
calls for the definition of their relations
to the parties to the contest. Considered
as a question of eXpediency, / regard the
accordance of belligerent rights still to be
as unwlse and premature, as / regard it
to be, al present, indefensible as n measure
of right.
such recognition entails upon the coIn-
try according the rights which flow from
it difficult and complicated duties, and re-
quires the eXaction from the contending
parties Of the strict observance of their
rights and obligations. 1t confers The right
of search upon the high seas by vessels of
both parties; it would subject the carrying
of arms and munitions of war; which now
may be transported freely ami without in
terruptiOn. in vessels of the United States,
TO detention and to possible seizure; it
would give rise to countless veXatiOuS
questions. would release the parent govern
rnent from responsibility for acts done by
the insurgents, and would invest Spain
with the right to exercise the supervision
recognized by our treaty of 1875 over Our
commerce on the high seas, 4 very large
part of which, in its traffic between the
Atlantic anG the Gulf States, and between
all of them and the States on the Pacific,
passes through the waters which wash the
shores of Cuba. The exercise of this super
vision could scarce fail to lead. If not to
abuses. certainly to collisions perilous to
the peaceful relations of the TWO States.
There can he little doubt as to what result
such supervision would before long draw
this nation. 1t would be unworthy of the