Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-07
SOME OBLIGATIONS
Which a Recognition of BelIigerency and
] celia alton of Neutrality Would Entail.

! celia alton of Neutrality Would Entail
Turning to the political aspects of
recognition of belligerency and re-
viewing its inconvenience and posi-
tive dangers, still further pertinent
considerations appear. In the code of
nations there is no such thing as a
naked recognition of beiiigerency I'M
accompanied by the assumption Of III
ternational neutrality. Such recogni-
ton without more will not confer upon
either party to a domestic conflict a
status not therefore actually posses
sed or affect the relation of either par
ty to other states. The act Of recog-
milton usually takes the form CT
solemn proclamation OF neutrality
which relates the de facto condition of
belligerency as its motive. 1t an
nouLcss a domestic law of neutrality
in the declaring state. 1t assumes the
international obligations of a neutral
in the presence of puhljr 6tatA pfrsirn-
II warns all citJ7fUf the proclamation
that they violate those rigorous obll-
cations at their own peril ana Cannot
EXPECT to be shielded from the conoe-
auences. The right o. visit and search
on the seas and seizure OF vessels anu
cargoes and contrabdha OF war ana
good prize under ddEira'Fy law must
under International law ne admitled
as q legitimate consequence OF procia-
nation of belligerency Whlle accord
ing the equal bellisorent rights de-
fined by public law to eacn party III
our ports disfavors wo'lll lie imposed
on both. which whli; nominally equal
would weigh heavily
IN BEHALF OF SPAIN.
Possessing navy and controlling the
ports of Cuba, her maratime rights
could be asserted, not only for military
investment of the island. but up TO the
margin of our own territorial waters,
and a condition of things would exist
for which the Cubans, within their own
domains. could not hope to create a
parallel: while it's creation, through AID
or sypathy from within our domain,
would be even more impossible than
now. with the additional obligations oil
| international neutrality we would per-
| force assume.
The enforcement of this enlarged and
| onerous code of neutrality would only
he influential within our own jurisdic-
| ton by land and sea and applicable by
| her own instrumentalities. II could inn
| part to the United States no jurisdiction
| between Spain and the insurgents. II
| would give the United States no rights
| of intervention to enforce the conduct
! of the strife within the paramount au-
tboritv of Spain, according to the inter
| ational code Of war.
| For these reasons, | regard the recog'
| milton of the belligerency OF the Cuban
Insurgents as now unwise and therefore
| inadmissable Should that step hereaf
ter be deemed wise as measure Of
| right and duty, the executive vii
take il.
| INTERVENTION
| upon humanitarian grounds mas peer
| frequently suggested and has not fall
ed to receive my most anxious ant
earnest consideration. But should
step be now taken, when 1t is apparen
that a hopeful change has superyeneC
in the policy of Spain toward Cuba
new government has taken Office II
the mother country. II is pledged II
advance to the declaration that all tn
effort in the world cannot suffice q
maintain peace in Cuba by the bayo
net: that vague promises Of reform. at
ter subiugation, afford no solution 4
the ingular problem; that with sub
stitution of commanders must come
change Of the past system OF warfar
for one in harmony with new policy
shall no longer aim 10 drive the Cuban
to the horrible alternative Of takin
to the thicket or succumbing in mis-
cry" that reforms must be institute
in accordance with the needs and cir
cumstances of the times, and that thea
|. reforms. while designed to give fu
autonomy 10 the colony and to Great
a virtual entity and self-controled ad
| ministration, shall yet conserve an
affirm the sovereignty OF Spain by
just distribution Of powers and burden
upon a basis OF mutual interest untaini
ed by methods Of selfish expediency.
y The first acts of the new governmer
lie in these honorable paths. The pol
CIV of cruel rapine and exterminatio
that SO long shocked the universal ser
timent of humanity has been reyerse'
,, Under the new military commander
broad clemency is proffered. Measure
| have already been BET on foot to reflex
. the horrors of starvation. The pows
OF the Spanish armies, it Is asserted,
to be used not TO spread
Il RUIN AND DESOLATION.
{ but to prdect the resumption Of peac'