Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1897-12-11

of the essential qualifications of Sover-
eighty by the insurgents, and the conduct
of the war by them, according to the
recognized code of war, are no less i'm
portant factors toward the determina-
ton of the problem of belligerency than
are the influences and consequences of the
struggle upon the internal policy of rec
ognizing the state.
in his memorable message of December
Z, 1873, are signally relevant to the present
situation in Cuba ana II may be whole if
a 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 the just
demands of humanity, which called forth
expressions of concentrations from the
nations of Chrstendom, continued un-
abated Desolation and ruin pervaded
that productive region, enormously af
fecting the commerce of all commercial
! more than any other by reason of prox-
unity and larger trade and intercourse.
At that juncture General Grant uttered
these words, which now, as then, sum up
the elements of the problem:
"a recognition of the independence of
Cuba being in my opinion impracticable
and indefensible, the question which next
presents itself is that of the recognition
of belligerent rights in the parties to the
contest. In former message to con
gress l had occasion to consider this ques-
ton and reached the conclusion that the
conflict in Cuba. decadent and deVastat-
ing as were its incidents, did not rise to
the fearful dignity 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
as in its past history, the United States
should carefully avoid the false lights
which might lead 1t into the mazes of
doubtful law and of questionable propr
etv, and adhere rigidly and sternlY to the
rule which has been its guide. of doing
only that which is right ana honest ana
Insurrection Not War
The question of according or of with
holding rights of bellgerency, must be
Judged in every case in view of the par
ticular attending facts. Unless justified
by necessity, it is always and justly re-
garded as an unfriendly act and gratu-
itous demonstration of moral support to
the rebellion. 1t is necessary and it is re-
quired, when the interests and rights of
another government, or OF its people are
so far affected by a civil conflict to
REQUIRE a definition of its relations to the
parties thereto But this conflict must
be one which will be recognized in the
sense of international law as war. Bellig-
erence too, is a fact. The mere existence
of contending armed bodies and their oc-
casonal conflicts do not constitute war in
Nppiying to the existing condition of af-
fairs in Cuba the tests recognized by pub
lcsts and writer's on international law,
which have been observed by nations of
dignity, honesty and Dow9r, when free
from: sensitive or selfish and unworthy
motives, l fail to find in the insurrecJion
the existence of'such substantial! politi-
cal organization, real, palpable and mani
fest to the world, having me forms and and
ordinary government toward its
own people and to other states, with
courts for the administration Of justice,
with a local habtaton possessing such
organi2ati ton of force such material, such
occupation of territory, as to take ne con-
test out Of the category OF mere rebel-
iious Instruction or occasional sk.r-
mishes and place it on the Terrible foot
ing of war, to which recognition OF pei
1fcrfy no al i'm ali y
The contest, moreover, is solely on LAND
the instruction has not possessed Itself
of a single seaport, whence 1t may send
forth its flag. nor has 1t any means OF
communication with foreign powers eX-
cept through the military lines Of its adS
Versaries. No apprehension Of any Of
these sudden and difficult complications,
which a war upon the ocean is apt to pre-,
and national, and upon the consular OIL
GERS of other nations, calls for the den
milton of their relations as parties 10 the
Considered as a question Of expediency
I regard the accordance OF beIli&2tent
rights still to be as unwise AMI premature
as / regard II 20 De, at PIe9eI! :, II!uSI en-
sible as measure Of right. Such reCog-
milton entails upon the country according
i the rights which flow from Its dlihcuIF
and complicated duties. and requires the
eXaction from the cOntending parties OF
obligations. 1t COnfers the riEnt Of search
upon the high seas, by vessels OF both par
ties. 1t would subject the carrying OF
may be transported freely al1 without in
terruption in vessels Of the United States,
u detention and possible seizure; i YOU'D
give rise to countless VeHauouS quesllohSi
would rend the present government from
responsibility for acts done by the insur-
gents and would invest Spain with the
right to exercise the superv sion recogniz-
ed by our treaty of 1875 over our COM
merce on the high seas, very large part
of which in its traffic between the Allan
tic and Gulf states and between all OF
them and the states on the Pacific, passes
through the waters which wash the shores
The exercise of this supervision mead
scarce fail to lead, if not TO abuse. Ger
tainy to collisions perilous to the peace
full relations of the two states. There can
be little doubt as to what result such su-
pervision would before lang draw upon
this nation. 1t would be unworthy of
the United States to naugurate the posi-
biities of such result, by measure of ques-
tionable right or eXpediency or by any
Cuba Would Suffer.
Turning to the practical aspects of a
recognition of belligerency and reviewing
it's inconvenience and positive dangers
still further pertinent considerations dp-
In the code of nations there is no such
thing as a naked recognition of belliger-
ency unaccompanied by the assumption
of international neutrality. Such recOE
milton, without more, will not confer upon
either party 20 domestic conflict a status
not Heretofore actually poss assed, or af
feet the relation Of either party TO other
states.
The act of recognition usually takes the
form of a solemn proclamation of neu-
trality, which recites the de facto condi-
ton Of belhgerency as its motives. 1t ah-
nounces a domestic law of neutrality in
the declaring state. 1t assumes the in
ternational obligations of a neutral in the
} presence of a public state OF war. 1t
warns all citizens and others within the
jurisdiction of the claimant that they vio-
late those rigorous obligations at their
own peril and can not expect to be shield
ed from the consequence The right of
visit and search on the seas and seizure
of vessels and cargoes and contra band of
war, under admiralty law, must, under
international law be admitted as a leglti-
= mate consequence of a proclamation of