The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-12-09

tiDns, but that Cf the United States more
than any OthNr by reason of prONimil "
and larger trade and Intercourse. Al that
juncturc General Grant uttered these
words, which now rs then sum up the Gle
ments of the problem.
what Grant Said on Cuba.
"a recognition of the Independence Of
Cuba being. in my opinion. impracticablc
and indcfcnsive, the question which next
presents itself Is that of the recognition
of bcliigercnt rights TO the parties to the
contest. In former measureto congress
| had occasion to consider this question
and reached the conclusion that the con
nict in Cuba, dreadful and devastating as
were its incidents, did not rise to the fear
full dignity OF war. II Is pos
siblc that the acts of foreign powers and
even acts Of Spain herself of this very
nature, might he pointed to in defense Ot
such recognition. But now, as in its past
history, the United States should care
fully avoid the false light which might
lead 1t into the mazcs of doubtful law aud
of questionable proprlety, 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 of withhold
ing rights of bClligenoy must be judged
in every case, In view of the particular
attending facts. Unless justified by ncccs.
sity, IT Is always, and justly. regarded a.
an unfricndly act and n gratuitous demon
stration Of moral support TO the rebellion.
1t Is necessary, and IL Is required, when
the interests and rights OF another gov.
ernment or of its people are so far affected
bya pending civil conflict as to require n
definition of its relations to the parties
thereto. But this conflict must be one
which will be recognized In the sense of
intSrpat2nnal lay o1 IS y w4r 4 fact The mere
existence of COntCnding armed bodies, and
their occasional conflicts do not cOnsti.
tutc war in the sense referred to. Apply.
ing to the existing condition of affairs In
Cuba the tests recognized by publiCists
and writers on international law, and
which have been observed by nations of
dignity, honesty and power, when free
from sensitive or selfish and unworthy
motive: fail to find in the insurrection
the existence of such IA substantial pOliti
cal organization, real Talpablc and mani
| fest to The world, having the forms and
capable Of the ordinary functions of gov.
ernmCnt toward its own people ana tu
| other states, with courts for the admins
tratiOn Of Justice, with local habitatiOn,
possessing such organization of force, such
| material, such occupation of territory as
| to take the contest out of the category of
mere rcbcllious insurrcctiOn, or Occa
| siOnql skirminshCs, and place IL on the
| terrible footing of war, to which a rCCOg
milton of bclligCrcncy would aim to clc
| vate II.
The contest moreover, is solely on land;
| the insurTeCtion has not possessed itscli
| of a single seaport whence 1t may send
| forth its flag, nor has IL any means OF
| communication with foreign powers eX
| cept through the military lines of its ad
| versariCs. No apprehension of any OF
| those sudden and difficult complications
| which war upon the ocean Is apt to pre-
| cDitate upon the vessels, both commercial
| and national and upon the consular
officers of other powers, calls for the deh.
| milton Of their relations to the parties tC
the contest.
Against Granting Belligerent Rights.
Considered as Il question of eXpediency
regard the accordance of belligerent
| rights still to be as unwise and premature
| rs regard it to be, at present, indefensi
BILE as u measure OF right.
Such recognition entails upon the
country according the rights which flow
from it difficult and complicated duties
and requires the eXaction from the con
tending D irtics of the strict Observance ol
their rights and obligations. IL confers
the right of search upon the high seas by
vessels of both parties; it would subject
the carrying of arms and munitions Oi
war, which now may be transported freely
and without interruption in vessels of the
United States, to detention and to pos
siblG seizure; it would give rise to count
less veXatiOus questions, would release the
parent government from responsibility
for acts done by the insurgents and woulC
invest Spain with the right to exercise the
supervision recognized by the treaty O
1898 over our commerce on the high seas
very large part of which, in its traffic
between the Atlantic and gulf states, ant
I..tx oil q hon ln tnfn la
Pacific, passes through the waters whicl
wash the shores of Cuba. The exercise o
this supervision could scarce fail to lead
If not to abuses, certainly to collisions
pCruOuS'tO the ucaceful relations of thl
! two nations. There can be little doubt ~
20 what result such supervision would be
ore long draw this nation. 1t would b
unworthy of the United States to inaug
urate the possibilities of such IA result b.,
measures Of questionable right or eXpc
dicncy, or by any indiscrction.
Turning TO the practical aspects of I
recognition of be!ligcrcnCy and reviewing
It's iucorveniencies and possible dangers
Sill further pertinent considerations ap
pear. In the code of nations there is nc
such thing as u naked recognition of bel
ligcrCncy unaccompaniCd by the assump
ton of international neutrality. such
recognition will not confer upon either
party 10 u domestic conflict u status not
|
relations of either party to other states
The act of recognition usually takes the
| form of n solemn proclamation CT neu
trality, which re- ates the de faCto Condl
ton of bcligcr- ncy as its motive. 1t an
nounceS a domestic law of neutrality II
the declaring state 1t assumes the inter
national obligations of IA neutral in th'
| presence of u public state of war. i
warns all citizens and others within tn
jurisdiction of the proclaimant that the!
violate those rigorous obligations at thei
own peril and cannot expect to he shlelde'
from the consequences. The right OF visi
and search on the seas and seizure OF yes
selS and cargOes and cOntHaband OF wa
and good prize under admiralty law mus
under international law be admitted as
legitimate consequence OF proclamation
of belligerenGy. While according tn
} equal belligcrrnt rights defined by publ
law 10 each party in our ports disfayor
would be imposed on both which Will
nominally equal, would weigh heavily II
J behalf Of Spain herself. Possessing.
, navy and controlling the ports of Cuba
her maritime rights could be asserted no
, only for the military investment of TN
island, but up to the margin of our owj
territorial waters and "a condition @
: things would exist for which the Cuban
+ within their own domain could not hop
? to create a parallels; while its creatlo
{ through aid or sympathy from within on
| domain would be even more impossibl
than now, with the additional obligation
of international neutrality we would pei
u force assume.
n Recognition Now Universe.
t The enforcement of this enlarged an
0 Onerous code Of neutrality would only b
b influential within our own jurisdictO
= by land and sea and applicable by on