Omaha daily bee., 1897-12-07

B uNSI ouE on the nlSu seas n Nciy
large part Of which. In Its traffic between
the Atlantic and 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, II not to
abuses, certainly to collisions perilous to the
peaceful relations OF the two states. There
can bo little doubt as to what result such
supervision would before long draw this ma
! tton 1t would be unworthy of the United
states to inauggrals the possibilities OF such
result, by measures Of questionable right or
eNpediency, or by any indirection."
PRACTICAL EFFECT OF RECOGNITION.
Turning to the practical aspects of a recog-
milton OF belisereney and reviewing its In.
! conveniences and positive dangers, still
further pertinent considerations appear
| In the code Of nations there is no such thing
as naked recognition of belligerency un-
accompanied by the assumption Of interna-
| tional neutrality. Such recognition without
more will confer upon neither party to
domestic conflict status not heretofore
actually possessed nor affect the relation
OF either party to other states. The act OF
recognition usually takes the form of a
solemn proclamation of neutrality which re-
| cites the de facto condition OF belligerency
as its motives, 1t announces a domestic law
OF neutrality In the declaring state 1t as
sumes the international obligations OF a
neutral In the presence of a public state OF
lwar. 1t warns all citizens and others within
tho jurisdiction of the proclaimant that they
violate those rigorous obligations at their
own peril and cannot expect to be
| shielded from tho consequences. The right
! of visit and search on the seas and seizure OF
| vessels and cargoes and contraband OF war
| and good prize under admiralty law must
under international law, be admitted as a
| legitimate consequence OF proclamation OF
| belligerency. While according the equal bel
lgerent rights defined by public law to each
| party in our ports dsfayors would be i'm
| posed on both which, while nominally equal
would weigh heavily in behalf of Spain her
| SELF. Possessing navy ana controlling the
| ports of Cuba, her maritime rights could be
asserted not only for the military invest
ment of the islunl, but up to the margin of
| our own territorial waters, and a condition of
things would exist for which the Cubans
| witnin their own domain could not hope to
| create parallel, while its creation Of aid or
| sympathy from within our domain would be
even moro impossible than now with the
| additional obligations of international neu-
| trality we would perforce assume,
! The enforcement of this enlarged and on
erous code of neutrality woMd only be in
huential within our own jurisdiction by land
and sci and applicable by our own instru-
mentalites. 1t could lmpart to the United
States no jurisdiction between Spain and
tho insurgents. 1t would give the United
| Shites no right of intervention to enforce
the conduct of the strife within the para
| mount authority of Spain according to the
| international eodo of war.
For these reasons l regard the recognition
of the bslligerency of the Cubans as now
| unwise and therefore inadmissible. Should
that step hereafter be deemed wise as a
measure of right and duty the executive will
take it.
| DISCUSSES INTERVENTION.
Intervention upon humanitarian grounds
has been frequently suggested and has not
| failed to receive my most anxious and earnest
elp g,,ph ctor hD
now taken, when 1t is apparent that a nope
full change has supervened in the policy OF
Spain toward Cuba? new government
has taken Office in the mother country. 1t rs
pledged in advance to the declaration that
all tho effort in the world cannot suffice Ito
maintain peace in Cuba by the bayonet;
that vague promises of reform after subjuga-
tion afford no solution of the insular prob
lem; that with a substitution Of commanders
must come a change of tle past system OF
warfare for one i'll harmony with a new
policy which shall no longer aim to drive
the Cutans to the horrible alternative Of
taking to the thcket or succumbing in
Misery" that reforms must be instituted in
accordance with the needs and circum-
| stances OF time, and that these reforms
while designed to give full autonomy to the
colony and to create a virtual entity and self
| controlled administration shall yet conserve
and affirm the sovereignty of Sp1in by a
just distribution Of powers and burdens upon
} methods of selfish eXpediency.
The first acts of the new government lie
in these honorable paths The policy OF
cruel rapine and eXtermination that so long
shocked the universal sentiment of humanity
has been reversed. Under the new military
commander a broad clemency is proffered
Measures have already been set afoot to re-
lieve the horrors of starvation. The power
Of the Spanish armies it is asserted, is tc
be used not to spread ruin and desolaton
. hut tba tipn nf fn
| agricultural pursuits and productive indus
tries That past methods futile to force
a peace by subjugation is freely admitted
{ and that ruin without conciliation must in
evitably fail to win for Spain the fidelity
1 of a contented dependency.
APPLICATION OF REFORMS.
t DEGREES in application of the foreshadowed
4 reforms have already been promulgated
0 The full text OF these DEGREES has not beer
= received, but as furnished in teegraphiC
| summary from our minipter are: All civ
4 and electoral rights of peninsular Spaniardf
are, in virtue OF existing constitutional au
n thority forthwith extended to colonial Span
s ards A scheme of autonomy has beer
g proclaimed by decree to become effectiv;
t upon ratification by the Cortes. 1t create!
y p Cusar parliament, which, with the insulal
o executive, can consider and vote upon al
e subjects affecting LEGAL order and interests
o possessing unlimited powers save as to mat
z ters of state, war and navy as to which the
+ governor general acts by his own authort!
r as the delegate of the central government
e Thh, parliament receives the oath of the
= governor general to preserve faithfully tht
y liberties and privileges Of the colony and Il
| 1t the colonial secretaries are responsible
= 1t has the right to propose to the centra
. government, through the governor general
e notifications OF the rational charter and Il
/ invite new projects of law or executive
a measures in the interest of the colCny.
a Besides itp local powers it Is competent
: first, TO regulate electoral registration anC
procedure and prescribe the qualification
s of electors and the manner of exercising
suffrage; second. to organize courts Of jus
tice with native judges from members OF
the local tdr; third, to frame the !nsulal
: | budget both as to expenditures and revenues
to meet the Cuban share of the national
! | budget which latter Will be voted by the
> national Cortes, with the assistance of Cuban
senator's and deputies; fourth, to institute
! ! or take part in the negotiations of the ma
tiOnal government for commercial treaties
! ! which may affect Cuban interests; Gfth, tc
accept or reject commercial treaties which
| the national government may have concluded
without the participation of the Cuban gov
ernment sixth, to frame lhe colonial tariff
acting in accord with the pen!rsular govern
, ment in scheduling articles of mutual COM