The San Francisco call., 1897-12-07

Cuban insurrection possesses beyond dispute
| the attributes of statehood which alone can
demand the recognition of belligereucy in its
favor. Possession, short of the essential oualifi-
cations of sovereignty. by the insurgents. and
the conduct of the war by them according 10
the recognized code of war, are no less impor-
tant factors toward the determination OF the
pro blem of ofbelligerency than are the influences
and consequences of the struggle upon the
internal policy OF the recognizing state.
The utterances of
General Grants Words President Grant in
Fit the Situation. his memorable mes
sage OF December z,
1875, 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 neigh
boring island. During all those years an utter
disregard of the laws OF civilized warfare and
of the just demands of humanity, which called
forth expressions of condemnation from
the nations of Christendom, continued un-
abated. Desolation and ruin pervaded that
productive region, enormously affecting the
commerce of all productive nations, but that
of the United States more than any other. by
reason OF proximity ana larger trade and in
tercourse. At that junc.ure General Grant
uttered these words, which now as then sum
up the ele ements of the PRO blem:
"A recognition OF the independence of Cuba
being in my opinion, i'm practicable and inde-
fensible the question which next presents
itself is that of the recognition of Delligerent
righ Is in the parties to the contest. In for
mer message TO Congress l had occasion 10
consider this question and reached the con-
clusion that the conflict ln.Cuba, dreadful and
devastating as were its incidents did not rise
to the fearful dignity OF war.
at 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 his
! tory, the United States should carefully avoid
! the false lights which might lead it into the
mazeS of doubtful law and of unquestionable
| proprieIy, and adhere rigidly and sternly 10
| the rule which has been lis guide, OF doing
! only that which is. right ana honest and OF
! good report The question of according or OF
Withholding rights Of bellIgerency must be
judged. in every case, in view of the particular
! attending facts. Unless justified by necessity
! it is always. and justly, regarded as an un-
! friendly act and graluitous demonstration
| of moral support TO The re bellion. 1t is neces-
| sary and il is required when the interests
! and rights of another Government or of its
/ people are so Tar affected by q pending civil
| conflict as TO require definition of its rela-
! tiOns 10 the parties thereto. But this conflict
! must be one mich will be recogu zed Ill the
sense of international law as war.
! "Belligerence, too, is a fact The mere ex-
! their
| occasional conflicts 90 not constitute war in
the sense referred to. Applying to the exist
| ing condition of affairs in Cuba the tests
! recognized by publicists and writer's on inter
/ national law, and which have been observed
/ by nations of dignity, honesty and power
when free from sensitive CT selfish and un-
! worthy motives, l fail 10 fl nd in the insur-
! rection the existence of such a substanti
political organization, real, aipab!e and
IN n In q world ha
! capable cf the ordinary functions of ordinary
! government toward its own people and to
! other states. with courts for the admins
tration of justice WI tn a local habitatiou, DOS
| sessing such organization of force. such
! material, such occupation OF territory as 10
| take the contest out OF the category of mere
] rebe.lious inSurrecuon, or occasional skrm-
is hes, and place it on the terrible footing OF
war, to which recognition of be!igerercy
| would aim to elevate il.
| The contest, moreover, is solely on land (;
! the insurrection has not possessed itself OF a
| seaport whence ii may send forth its flag nor
! has it any means Of communication with
foreign powers except through the military
! lines of its adve-saries. No apprehension Of
any of these sudden and difficult compLca-
| tions. which war upon the ocean is apt 10
precipitaie upon the vessels, both CONNIE rcial
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 question of ex pediency, l re-
| gard the accordance OF belligerent rights still
! to be as unwise and premature l regard it
TO be at present indefensible as measure of
/ right.
"such recognition entails upon the country
! according the rights which flow from il diff
! cult and complicated duties and requires the
! exaction from the contending parties of the
strict Observance of their rights ana obIiga-
/ fnr,u Il g. 81.
| high seas by vessels of both parties; it would
! subject the carrying of arms and munitions of
war, which now may be trans ported freely
! and without interruption in vessels of the
United States, to detention and TO posi- BIZ
! seizure; it would give rise to countless yexa-
| tous questions; would release the parent Gov.
| ernment from responsibility for acts done by
| the tnsurgent and would invest Spain with
! the right to exercise the supervision recog-
| nized by our treaty of 1895 over our commerce
! on the high seas a very large part of which,
in its traffic between the Atlantic and 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 supervision could scarce fail to lead. il
| not to abuses, certainly to collisions perilous
! 10 the peaceful relations of the two states
! There can be little doubt as to what result
such supervision would before long drew this
nation. 1t would be unworthy of the United
/ States to inaugurate the possibilities of such
result by measure of questionable right or ex-
| pediency or by any indirection'
Turning to the
| Recognition of practical aspects OF
Belligerency Not recognition of
TO Be Accorded. belligerency and
reviewing its in
| cOnveniences and positive dangers, still fur
| ther pertinent considerations appear In the
code of nations there is no such thing as a
naked recognition of bellIge rency unaccom-
panied by the assumption of international
neutrality. Such recognition without more
Will not confer upon either party to a domes-
tic conflict status not Heretofore sctua!ly
possessed or affect the relations of either party
TO other states. The act of recognition usually
takes the form of a solemn proclamation OF
neutrality which reciies the de facto condi-
tion Of belligerency es its motives.
Itnnnounces domestic law OF neutrality in
the declaring state. 1t assumes the interna-
tionaI obligations of aneutral in the presence
OF public state of war. 1t warns all citizens
and others within the jurisdiction of the pre-
claimant that they violate those rigorous OBJ
! liga tions their own peril and cam OF expect
TO be shielded from the consequences The