The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1897-12-10

Its authority and restore peace and o,cs.
WITHIN the borders of the island: that we could
not contemplate an indefinite period for the
accomplishment of this result. No solution
was proposed to which the slichtas. ida, ~
humiliation to Spain could attach and indeed
precise proposals were withheld to avoid er,-
barrassment to that government All that was
asked or expected was that some safe wav
might De speedlly provided and permanent
peace restored.
Reply to Our Note.
The reply 10 our note was received on the
23d day of October 1t is in the direction Of a
better understanding. 1t appreciates the friend
ly purposes OF this government 1t admits
that our country is deeply affected by the war
in Cuba and that its desires for peace are lust
1t declares that the present Spanish govern
ment is bound by every consideration to
change of policy that should satisfy the United
States and pacify Cuba within a reasonable
time To this end Spain has decided to put into
effect the political reforms heretofore advocat-
ed by the present premier, without hating for
any consideration in the path which in its judg-
ment leads 70 peace The military operations,
it is said win continue but will be humane and
conductedfwith all regards for private rights.
being accotppanied by political action leading
to the autonomy of Cuba while guarding Span
ish sovereignsy. This. it is claimed will result
in investing Cuba with distinct personality:
the island to be governed by an executive and
by local council or chamber. reServing to
Spain the control of the foreign relations. the
army and navy and judicial administration To
accomplish this the present government pro-
poses modify legislation by decree leaving
the Spanish corteS- with the aid OF Cuban SEN
ators and deputies, to solve the economic
problem and properly distribute the existing
debt.
In the absence Of a declaration OF the meas
ures that the government proposes to take in
carrying out its proffer of good offices it SUg
gests that Spain be left free to conduct militia
~ operations and grant political reforms.
while the United States for it's part shall en-
force it's neutral obligations and cut off the
sistance which it is asserted the Insurgents re-
ceive from this country. The SuppoSiton of
an indefinite prOlongation OF the war is denied.
1t is asserted that the western provinces are
already well nigh reclaimed; that the planting
of cane and tobacco therein has been resumed.
and that by force of arms and new and ample re-
forms very early and complete pacification is
hoped for. The immediate amelieration of eX-
listing conditions under the new administration
of Cuban affairs is predicted. and therewithal
the diStur bance and all occasion for any change
of attitude on the part of the United States
Discussion of the question of international
duties and responsibilities OF the United
States Spain understands them, is pre-
Sented with apparent disposition to charge
with failure in this regard. This charge is
without any basis in fact. 1t could not have
been made if Spain had been cogniZant of the
constant efforts this government has made at
the cost of millions and by the employment of
command to perform it's full duty according to
| the law of nations. That it has successfully
prevented the departure Of single military
expedition or armed vessel from our shores in
| violation of our laws. would seem to be a suf-
ticient answer. But Of this aspect of the Span
iSh note it is not necessary to speak further
now.
Recognition OF Bellieerency.
Recognition OF the belligerency OF the Cuban
| insurgents has often been canvaSSed as a pos
| Sible if not inevitable step both in regard to
| the previous ten years struggle and during the
present war. am not unmindful that the two
| houses Of congress in the spring Of 1895
pressed the opinion by concurrent resolution
| that condition of public war existed requiring
or juStifying the recognition Of state of bellig
erency in Cuba and during the extra session the
senate voted joint resolution of like import,
which, however, was not brought to a vote in
the house. In the presence Of these significant
expressions of the sentiment of the legislative
branch it behooveS the executive to Soberly
consider the conditions under which impor-
| tant measure must needs rest for justitica-
| ton. 1t is to be seriously consd-
| cred whether the Cuban instruction pos
sesses beyond dispute the attributes OF
| statehood which alone can demand the recog-
milton of beligerency in its favor. Possession.
in short, of the essential qualifications of SOW
ereignty by the insurgents and the conduct Of
| the war by them according to the received code
! of war are no less important factors toward the
determination of the problem of belligerency
| than are the influences and consequences Of the
| struggle upon the internal policy Of the recOg-
| niZng state.
Turning to the practical aspects of q recOgni-
| ton Of belligerency and reviewing It's lncon-
veniences and positive dangers, still further
| pertinent considerations appear. In the code
| Of nations there is such thing a naked
| recognition of bellgerency unaccompanied by
| the assumption of international neutrality.
/ Such recognition without more will not con-
| fer upon either party to a domestic conflict a
| status not heretofore actually possessed or af-
feet the relation of either party to other states
| The act OF recognition usually takes the
| form Of a solemn proclamation Of neutrality
which recites the de facto condition Of belliger-
| ency as it's motives. 1t announces domestic
| law of neutrality in the declaring state 1t as
SumeS the international obligations Of a neu-
| trail in the presence Of public state of war.
| 1t warns all citizens and others within the
| jurisdiction OF the proclaimant that they vio-
| late 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
and contraband of and good prize under
admiralty law must under international
| law be admitted as legitimate con-
sequence of proclamation of bel
| ligerency While according the equal
| belligerent rights defined by public law to
| each party in our ports diSfavorS would be i'm
| posed on both which. while nominally equal
would weigh heavily in behalf of Spain herself.
| Possessing navy and controlling the ports
| of Cuba her maritime rights could be asserted
| not only for the military investment Of the
| island, but up to the margin of our own terri
| torial waters, and condition Of things would
| exist for W hich the Cubans within their own
| domain could not hope to create a parallel:
/ while its creation through aid or sympathy
| from within our domain would be even more
| impossible than now. with the additional