The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1897-12-09

OPINION oy concurrent resolution that
or ,tustifying the recognition Of the state Of
belligerency in Cuba, and during the ex-
ira ton Session es the senate y9ted joint resolu,
not brought to a vote in the house of repre-
sentatives In the presence Of these sig
iaSant expressions OF the sentiment Of the
I'VE to soberly consider the conditions UNI
der which lch. SO Important measure must
seriously. considered whether the Cuban
lnsurrection possesses beyond dispute the
at srd ties OF statehood. which alone de-
avor of in its
sential qualifications OF soVereignty by the
tthhs sq1 and the conduct Of the war by
war are no less important factors toward
the determination Of the problem of bel
seouencss t M b are the influences and con-
pollcy or the recoe nizing state
Quotes President Grant,
The utterances of President Grant in his
memorable message of December Z, 1875
are are yig1ally relevant to the present situa,
to t the and %aY that he s now
conflict had for seven wears wasted the
n n island. During all those years
warfare and Of the just demands of hu-
mainly, which called forth expressions of
tsnSaar from the nations of chris
that pegom
enormously affecting the commerce. of ali
commercial nations, but that of the United
proximity and larger trade and intercourse.
At that ,juncture Grant uttered these
words which now as then sum up the ele-
the Independence Of Cuba being, in my
opinion, 1mpracticable and indefensible. the
question d9 th which next presents itself is
IN the parties to the contest. In a former
message to congress had occasion to con-
slider slider this question, and reached the con
clusion that the conflict in Cuba, dreadful
anu devastating as were its incidents, did
not not rise to the fearful dignity of war
Mt is possible oo that the acts Of foreign
this very nature might be pointed to in de-
tense Of such recognition. But now, as in
its past st, history, the United States should
lead 1t in ito the mazes Of doubtful law and
Of questionable propriety and adhere rig
idly and sternly to the rule which has been
its guide of doing only that which Is
right and honest and Of good report. The
rights of belligerency must be judged in
every case, in view Of the particular at
tending facts Unless justified by necessity
it is always and justly regarded as an I'M
friendly act and gratuitous demonstra-
ton OF moral support to the rebellion. 1t
is necessary, and 1t is required, when the
interests and rights of another government
or Of Its people are so far affected by
definition of its relations to the parties
thereto. But this conflict must be one
which Is recognized in the sense OF in
ternational law as war.
Recognition Not Justified.
".Belligerence, 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
ers on International law, and which have
been observed by nations of dignity, hon
esty and power. when free from sensitive or
find in the insurrection the existence Of
such a substantial political organization,
real, palpable and manifest ns 10 to h,a the ne
the ordinary functions of government
toward it's own people and to other states
with courts for the administration itdir OF 1ns
such organization Of force, such material.
such occupation of territory as to take the
out of the category Of mere s re-
ing of war to which a recognition Of bel
w1nd aim to eevats soev
land: the insurrection has not possessed
Itself Of single seaport whence 1t may y
Standardization conn tic With foreign powers ex-
versaries.- No apprehension Of any of
cipitate upon the vessels, both commercial
and national, and upon consular officers of
other powers. calls for the definition Of
their relations to the parties to the contest.
Considered as question Of eXpediency,
regard the accordance Of belligerent rights
still to be as unWtse and premature. as re-
gard 1t to be at present. fndefensible as a
measure Of right
try according the rights which flow from it
difficult and complicated duties, and re-
quires the eNaction from the contending
rights and Ohlir9 ions IT cONfprl q RIGHT
Of search upon the high seas by vessels Of
both parties: it would subject the carrying
may be transported freely and without In
terruption, in vessels of the United States
to detention and to possible seizure; it
would give rise to countless vexatious ques-
tions, would release the parent government
from responsibility for acts done by the in
surgents. and would invest Spain with the
by our treaty of 1905 over our commerce on
the seas. a very large part Of which, in it's
traffic between the Atlantic and the gulf
states on the Pacific, passes through the
waters which wash the shores of Cuba.
The exercise Of this supervision could
tainly to collisions perilous to the peaceful
relations of the two states There can be
little doubt as to what result such super
1t would be unworthy Of the United States
suit. by measures Of questionable right or
SApSAAS"Sy' Va NY oily AANAAC StAOA.
What Recognition Would Mean.
Turning to the practical aspects of a rec
ognition of belligerency and reviewing it's
inconveniences and positive dangers, still
further pertinent considerations appear.
In the code of nations there is no such thing
| accompanied by the assumption Of interna-
| tlonal neutrality. Such recognition will
eoe no TO sotssS
possessed or effect the relation of either
party to other states The act Of recogni-
proclamation of neutrality which recites
the de facto condition of belligerency as
it's motive: It announces a domestic law
the International obligations Of a neutral
in the presence of public state of war. 1t
warns all citizens and others within the
violate those righteous obligations at their
own peril and cannot expect to be shielded
from the consequences. The right of visit
sells and cargoes and contraband of war
and good prize under admiralty law must
under international law be admitted as
Of of b s While according the equal
belligerent rights defined by public law to
pt on IN bo %bch ha 9
equal would weigh heavily in behalf of
Spain herself. Possessing a navy and con-
eng the ports %a Of c9b not her
military investment of the island but up to
the margin of our own territorial waters,
and condition Of things would exist for
which the Cubans within their own domain
could not hope to create a parallel; while
it's creation through aid or sympathy from
within our domain would be even more i'm
possible than now, with the additional OBJ
legations of international neutrality we
would pertorce assume
Regarded, ut Present, AS Unwise.
The enforcement Of this enlarged and on
erous code Of neutrality would only be
tjo1 TN w
land and sea, and applicable by our own
inst rl1menta lities 1t could imnart to the