The citizen. (Frederick City, Md.) 1895-1923, 1897-12-10

/ dreadful and devastating as were its
Incidents did not rise to the fearful
/ dignity of war. I" 3" 1t is possible that
| the acts of foreign powers and even
acts of Spain herself of this very ma
turei 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 right and honest and of
| good report.
/ UNFRIENDLY IF UNNECESSARY
THE questioned according or of with
holding rights of belligerency must he
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 govern
ment or of its people are so far af-
/ fected by a pending civil conflict as to
require a definition of it's relations to
/
! must be one which will be recognized
in the sense of International law as war.
"Belligerency, 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
| publcists and writer's on international
| lou nheprva5
nations of dignity, honesty and power
when free from sensitive or selfish and
unworthy motives, | fail to find in the
| instruction the existence of such sub
stantial political organization. real, pail
pable and manifest to the world, having
the forms and capable of the ordinary
| functions of government toward its own
people and to other states, with courts
| for the administration of justice with
local habitation. possessing such organ
/ ization of force, such material such oc-
! cupation of territory as to take the con-
/ test out of the category of mere re-
1 bellious instruction or occasional skir-
mish and place it on the terrible foot
i ing of war. to which recognition OF
/ belligerency would aim to elevate it.
! INSURGENTS HAVE NO SEAPORT.
1.-THE contest, moreover, is solely on
land. The instruction has not possessed
itself of a single seaport whence it may
send forth its flag, nor has it any means
| of communication 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 the ocean is apt to
precipitate upon the vessels, both COM
mercial and national. and upon the con-
sular officers of other powers calls for
! the definition of their relations to the
parties to the contest. Considered as
/ question of eXpediency. 1 regard the ac>
cordance of belligerent rights still to be
as unwise and premature as | regard it
to be, at present, indefensible as a
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 contending parties of the strict OBJ
ssrvance of their rights and obligations.
1t confers the right of search upon the
! high seas by vessels of both parties ii
would subject the carrying of arms and
munitions of war which now may be
transported freely and without inter-
ruption in vessels of the United States
to detention and to possible seizure. it
would give rise to countless vexatious
questions, would release the parent
government from responsibility for acts
done by the insurgents and would in
vest Spain with the right to exercise
the supervision recognized by our treaty
of 1895 over our commerce on the high
seas, veryearge part Of which. in it's
traffic between the Atlantic and the
gulf states and between all of them and
the states of the Pacific, passes through
the waters which wash the shores of
Cuba. The exercise of this supervision
could scarce fail to lead if not to
abuses, certainly to collisions perious
to the peaceful relations of the two
states"
Turning to the practical aspects of a
recognition of bellgerency and review
ing it's inconvenience and positive dan
gers, still further pertinent considera-
tions appear.
WHAT RECOGNITION IMPLIES.
In the code of nations there is no such
thing as a naked recognition of bellig-
erency unaccompanied by the assump-
ton of international neutrality. Such
recognition without more will not con-
fer upon either party to domestic con-
hict a status not heretofore actually
possessed or affect the relation of either
party to other states. 50"
The enforcement of the enlarged and
onerous code of neutrality would only
be influential within our own jurisdic-
ton by land and sea and applicable by
our own instrumentalites. 1t could i'm
part to the United States no jurisdic-
ton between Spain and the insurgents.
1t would give the United States no right
of Intervention to enforce the conduct
of the strife within the paramount au-
thority of Spain according to the inter-
national code of war
For these reasons regard the recog-
milton of the belligerency of the Cuban
insurgents as now unwise and there
fore inadmissible. Should that step
hereafter be deemed wise as a measure
of right and duty, the executive will
take it.
Intervention upon humanitarian
grounds has been frequently suggested
and has not failed to receive my most
anxious and earnest consideration, but
should such a step be now taken when
it is apparent that a hopeful change
has supervened IN the policy of Spain
toward Cuba? A new government 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