Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1897-12-17

insurgents. and the conduct Of the war by
them according to the recognized code OF
war are no less important factors toward
the determination OF the problem Of bel
li%gerency than are the Influences and CON
sequences Of the struggle upon the in
ternal policy Of the recognizing state.
The utterances of President Grant in
his memorable message on December z,
1875. are signally relevant to the present
situation in Cuba. and it may be whole
q ruinous conflict had for seven years
wasted the neighboring island. During
all those years an utter disregard
Of the laws Of civilized warfare and
OF b just demands Of humanity,
which called forth expressions of COZ
domination from the nations OF Chris
tendon. continued undated. Desola-
region, enormously affecting the COM
merce OF all commercial nations. but that
OF the United States more than any other
by reason OF proximity n larger trade
n intercourse. At hat j%uncture Grant
uttered these words which now as then
sum up the elements Of the problem:
Recognition IL Impracticable.
"a recognition of the independence of
Cuba being. In my opinion, impracticable
n tndefensible. the question which next
presents itself is that of the recognition
OF belligerent rights in the parties to the
contest. In a former message to congress
l had occasion to consider this question,
mi reached the conclusion that the con-
hict In Cuba, dreadful and devastating as
were Its Incidents. did not rise to the
fearful dignity of war. 1t is possible that
the acts Of foreign powers. and even acts
OF Spain herself of his very nature might
De pointed to in defense Of such recog-
milton. 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 Ques-
tionable propriety. 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 Ques-
ton 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. 1t is al
ways. and justly, regarded as an unfriend-
ly act and a gratuitous demonstration Of
moral support to the rebellion. 1t is nec-
essary, and 1t Is required. when the inter-
ests and rights of another government or
OF its people are so far affected by a pend
ing civil conflict as to require a definition
OF Its relations to the parties thereto. But
this conflict must be one which is recog-
nized IN the sense or international law as
war.
"Belligerence, too, is a fact. The mere
existence of c%ontending 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 publicists and
writer's on International law. and which
have been observed by nations of dignity.
honesty and power when free from sensi-
tive or selfish and unworthy motives. l
fail to find in the instruction the exist
ence of such a substantial political organ
~ization, real, palpable n manifest to the
world. having the forms and capable of
the ordinary functions of government to-
wards its w people and to other states
with courts for the administration of JUS
tice with a local habitation, possessing
such organization of force. such material.
such occupation of territory as to take
the contest out of the category of a mere
rebellious insurrection or occasional skir-
mishes n place it en- the terrible foot
ing of war, to which a recognition of bel
l%igerency would aim to elevate 1t.
The contest, moreover, is solely on
land; the insurrection has not possessed it.
self Of a single seaport whence it may send
forth its flag, nor has 1t n means Of
communication with foreign powers except
through the military lines Of its adveria-
ries. No apprehension of any of those sud-
den and difficult complications which q war
upon the ocean IS apt to precipitate upon
the vessels. both commercial and national
and upon the consular officers of other
powers calls for the definition of the rela-
tions to the parties to the contest. Con-
sidered as a question of e%Xpediency, I re-
gard the accordance of belligerent rights
still to be as unwise and premature, as 1
raura r1 ~ fo ho of nroeopf {r1aFcn ci61o oS
a measure of right.
such recognition entails upon the coun-
try, according the rights which flow
from it, difficult and complicated duties
and requires the exaction from the con-
tending parties of the strict Observance OF
their rights and obligations. 1t confers
the right Of search upon the high seas by
vessels of both parties; it would subject
the carrying Of arms and munitions of war,
which now may be transported freely n
without interruption in vessels Of the
United States, to detention and to possible
seizure; 1t would give rise to countless
vexatious questions, would release the
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 on the seas, a very
large part Of which, in its traffic between
the Atlantic and the Gulf states n be-
tween ali Oh Inem ana tue states on 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
perilous to the peaceful relations of the
two states.
There can be little doubt as to what re-
suit such supervision would before long
draw this nation. 1t would be unworthy
Of tho United States to %inaugurate the pos
eibilities Of such result. by measures Of
questionable right or expediency, or by any
indirection.
ore Humane Methods In Cubs.
The first acts of the new government lie
IN these honorable paths. The policy Of
cruel rapine and determination that go
long shocked the universal sentiment Of
humanity has been reversed. Under the
new military commander a broad clemency
Is preferred. Measures have already been
set on foot to relieve the horrors of star
walton. The power Of the Spanish armies,
it is asserted, is to be used not to spread
ruin and desolation. but to protect the
resumption Of peaceful agricultural pur-
suits and productive industries. That
past methods are futile to force a peace by
~subjugation is freely admitted and ruin