Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-12-07

gard of the laws OF civilized warfa =.
and of the just demands of humanity
which called forth expressions of con.
demnation from the nations of christen.
dom. continued unabated. Desolation
and ruin pervaded that productive re-.
gion. enormously Affecting the commerce
of all commercial nations, but that NJ
the United States more than any Other
by reason of proximity and larger trade
intercourse. At that juncture, General
Grant uttered these words, which now
as then. sum up the elements of the
problem: "A recognition of the indepen-
dence of Cuba being In my opinion. i'm
practicable and indefensible the question
which next presents itself is that of the
recognition Of belligerent rights in the
parties to the contest. In former mes
sage to congress I had occasion to con.
slider this question, and reached the con-
clusion that the conflict in Cuba, dread
ful and devastating as were its Incl
of war. It is possible THAT the acts Of
foreign powers. and even acts Of
Spain herself. of this very nature
might be pointed to In defence OF
such recognition, but now, as in
Its past history. the United States shoulc
carefully avoid the false lights which
might lead 1t into the mazes of doubtful
mere r1gidly and sternly to the rule which
mas teen its guide-of doing only that
which is right and honest and Of good
report The question of according or of
withholding rights of belligerency must
DC judged in every case. in view of the
particular attending facts. Unless justi-
ned by necessity. Is always, and, justly
regarded as an unfriendly act and a
gratultous demonstration of moral sup
port to he rebellion. 1t ID necessary and
1t Is required, when the interests and
rights or another government or of its
people are SO far affected by pending
civil conflict as to require u definition Of
It's relations to the parties thereto. But
this conflict must be ono which will be
recognized in the sense Of national law
as war
"Belligerency, too. Is fact The mere
existence of contending armed bodies and
their occasional conflict do not constitute
war IN the sense referred to. Applying
10 the existing condition of affairs in
Cupa the tests recognized by publicists
ana writers on international law. and
which have been observed by nations of
dignity, honesty and power when free
from sensitive or selfish and unworthy
motives. l fail to find In the Instruction
the existence of such a substantial politi-
cal organization. real, palpable and mani
Test to the world. having the forms and
capable OF the ordinary functions of gov
eminent towards its own people and to
other states. with courts for the admin
istration of justice. with a local habita-
ton. possessing such organization of
force. such material. such occupation Of
territory as to take the contest out Of
the category of a mere rebellious insur-
rection or occasional skirmishes, and
place it on the terrible footing of war;
to which recognition of belligerency
would aim to elevate it.
THE contest, moreover, Is solely on
land; the instruction has not possessed
itelf of single seaport whence 1t may
send forth Its flag. nor has it any means
OF communication with foreign powers
except through the military lines of its
adversaries. No apprehension of any of
those sudden and difficult complications
which war upon the ocean is apt to
precipitate upon the vessels, both COM
mercial and national and upon the consul
lar officers of other powers. calls for the
definition of their relations to the parties
to the contest. Considered as question
OF expediency, l regard the accordance Of
belligerent rights still to be as unwise and
premature as 1 regard 1t to be, at pres
ent indefensible as a measure of right.
Such recognition entails upon the country
according the rights which flow from it
difficult and complicated wolaf,and requires
the exaction from the contending 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 carry
ing of arms and munitions of war which
now may be transported freely and with
out interruption in vessels of the United
States. to detention and to possible seiz-
ure: 1t would give rise to countless vexa-
tious 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
1875 over our commerce on the high seas.
very large part of which in its traffic
between th3 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 Eerlous to the peaceful re-
lat!ors of the two states. There can be
little doubt as to what result such super
vision would before long draw this ma
ton. 1t would be unworthy of the United
States to inaugurate the possibilities of
such results by measures Of question: BILE
right or eXpediency. or by any indirec-
ton
Turning to the practicable aspects of
recognition of belligerency and review
ing its Inconvenience and positive dam
gers. still further pertinent considera-
tions appear. In the code of nations
there is no such thing as naked recog-
milton of beligerency unaccompanied by
the assumption of international neutral
ity. Such recognition without more will
not confer upon either party to domes-
tic conflict status not heretofore ac-
tually possessed, or affect the relation
of either party to other states. The act
of recognition usually takes the form of
solemn proclamation Of neutrality,
which recites the de\ facto condition of
belligerency as its motive. 1t announces
domestic law Of neutrality in the de.
claring state. 1t assumes the internal
tional obligations of neutral in the
presence of a public state of war. 1t
warns all citizens and others within the
jurisdiction of the proclaimant that
they violate those rigorous obligations
at their own peril, and cannot expect to
be shielded from the consequences. The
right of visit and search on the seas and
seizure of vessels and cargoes as con-
traband of war, under admiralty law,
must. under international law, be ad-
mitted as legitimate consequence of a
proclamation of belligerency.
While according the equal belligerent
rights defined by public law to each party
in our ports. disfavors would be imposed
on both, which. while nominally equal.
would weigh heavily in behalf of Spain
herself. Possessing navy and control
ling the ports of Cuba, her maritime
rights could be asserted not only for the
How fpVy 1T fe1av Ht,t