The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-12-09

! such material, such occupation of terri
'ory us 10 take the contest cut of the
eaegory OF q mere rebellious insurrection
M yr occasional sklrmishes, and place it ON
the terrible footing of war. TO which n
recognition of belligerency would aim 10
elevate il. "i' W
The contest, moreover. il SOLELY n,
land. The insurrecton has not nos.
sessed itself of single seaport whence II
may send forth its flag nor has II any
means OF communication with foreign
powers except through the military lines
OF ITS adversaries. No apprehension of
any OF those sudden and difficult compli-
cations whlch war upon .he ocean Is
apt to precipitate upon the vessels. both
commercial and national, and upon the
consular officers of other powers, calls
ior the definition of their relations 10
the parties to the contest. Considered
as question of expediency, | regard the
accordance of belligerent rights still TO be
hhwlse and premature, as | regard IL TO
of right
such recognition entails upon the
country according the rights which will
now from II difficult and complicated du-
ties and requires the exacton from tho
contending parties of the strict obsery-
ance OF their rights and obligations. IL
confers the right of search upon the high
seas over the vessels of both parties; it
would subject the carrying of arms and
ammunition of war, which may now bc
transported freely and without nterrup.
tlon IN vessels Of the United States, 10
detention and possible seizure; Il would
give rise to countless and vexatious uues-
tions, would release the parent govern
ment from responsibility for acts done
ny the Insurgents and would invest
spain with the right to exercise the super
ky -
oyer our commerce on the high seas, Il
very large part Of which, in its traffic be-
tween the Atlantic and gulf states ana
between all of them and the states on the
Pacific, passed 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 rela
tlons of the two states. There can be
little doubt as to what result such super
vision would before long draw ON this
nation. 1t would he unworthy of the
United States to inaugurate the pcssibili-
ties of such results by measures of ques-
tionable right or expediency, or by any
indiscretiOn."
EnInrges on Grants Views.
Turning to the practical aspects of
recognition of belligerency and reviewing
It's inconvenicnces and positive dangers.
still further and pertinent considerations
appear. In the code of nations there Is
no such thing as n naked recognition OF
belligcrency unaccompanied by the as
sumption Of international neutrality. Such
recognition will not confer upon either
party to domestic conflict u status not
actually possessed or affect the relation
Of either party to other states.
The act of recognition usually takes the
form of n solemn proclamation of neutral
ty which recites the de facto condition of
belligerency as its motives. II announces
n domestic law OF neutrality In the declar-
ing state. " assumes the international
obligation Of n presence of n public state
Of war. II warns all citizens and others
who live in the jurisdiction of the pro-
claimant that they violate those rigorous
obligation n [ their own peril aud can not
expect TO be shielded from the consc-
quence. The right Of visit and search
on the seas and seizures Of vessels and
carg0es and contrnband Of war under ad-
miralry law, must, under international
law, be admitted as u legitimate conse-
duence of proclamation of belligerency.
While according the equal belligerent
right defined by public law to each party
In our ports disfnvors would be imposed
on both. which, while nominally equal.
would weigh heavily in both for Spain
herself Possessing IL navy and c0ntrolI-
ing the ports Of Cuba. her maritime rights
could be asserted not only for the mill
tnry 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 par
alel while its creation through aid or