Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-09

ogntion Of state Of belligerency in Cuba,
and during the extra session the Senate
yoted joint resolution of like import.
which, however. was not brought 10 a vote
in the House of Representatives. In the
presence of these significant expressions
Of the sentiment of the legislative branch
II behooves the executive to aoberly con-
slider the conditions under which so Import
ant measure must needs rest for just-
fication. 1t Is to Ike seriously considered
whether the Cuban insurgents possesses
beyond dispute the attributes of statehood
which alone can demand the recognition
Of be0igerency In its favor. Possession, in
short, Of the essential qualifications Of sew
ercignty by the insurgents and the conduct
Of the war by them according to the re-
cognized code of war are no less important
factors toward the determination OF the
problem of bellEercncy than are the intlu-
cnces and consequences Of the struggle upon
the Internal policy of the recognizing state.
! The wise utterances Of President Grant
in his memorable message of December T.
1873, are signaly relevant to the present
situation In Cuba and II may be wholesome
now to recall them. AT that time a ruin
GUS conflict had for seven years wasted
the neighborinE island. During all these
years an utter disregard of the laws of civ
ili2ed warfare and Of the just demands Of
humanity which called forth expressions
Of condemnation from the nations OF Chris
tendon, continued unabated. Desolation
and ruin prevailed that productive region,
enormously affecting the commerce of all
commercial nations, but that Of the United
States more than any ether by reason Of
proximity and larger trade and intercourse.
hat t,.,n - - .Nta a
these words, which now. as then, sum up
the elements of the problem;
"a recognition of the independence of
Cuba being, in my opinion impracticabla
and ndofensible. the question which next
presents itself is that of the recognition Of
bellgerent rights IN the parties to the CON
test In former message to Congress |
had occasion TO consider this question, and
reached the conclusion that the conflict in
Cuba, dreadful and devastating as were its
Incidents, did not rise to the fearful dignity
Of war. 1t is possible that the acts of fer
cign powers and even acts Of Spain her.
self Of this very nature, might be pointed
TO ndefencc of such recognition. But now
as in its past history, the United States
should carefully avoid the false lights
which might lead II into the mazes 81
doubtful law and OF questionable proprety
and adhere rigidly and sternly to the rule
which has been its guide, of doing only that
which Is right and honest and of good re-
port. The question Of according or of with
holding rights of bclligerency must be
judged in every case, In view of the par
tiGular attending facts. Unless justified by
necessity, 1t is always, and justly, regarded
as an unfrlendly act and gratuitous dem.
. unstration of moral support to the rebel
lion, II is necessary, and 1t is required
when the interests and rights of another
government or OF its people are so far af-
fected by pending civil conflict as to re.
quirc definition Of its relations to the
parties thereto. But this conflict must BIZ
one which will be recognized In the sense
of International law as war.
"Belligerence too. is 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 the tests recognized by publiclsls ant
writers Of international law. and which
have been observed by nations Of dignity
honesty and power, when free from sensi
/, tive or selfish and unworthy motives.
fail to find in the insurrection the exist,
ence OF such a substantial political or
gani3ation, real, palpable and manifest I,
the world, having the forms and capabl,
of the ordinary functions Of government
: toward its own people and TO other states
, with courts for the administration of jus
! tice with local habtaton. possessing
= such organization of force, such material
such occupation Of territory as to take th
contest out Of the category of a mere re
beliOus instruction or occasional Skin
mishes and place 1t on the terrible foot
, ing of war. to which a recognition of bel
= lgerency would aim TO elevate it.
"The contest. moreover is solely Of
!, land; the insurrection has not pussesse
!. itself Of a single seaport whence 1t ma
a send forth its flag nor has it any mean
of communication with foreign powers ex
cept through the military lines Of Its ad
:, versarles. No apprehension of any 0
~ those sudden and difficult complication
= which a war upon the ocean is apt to pre-
clpitate upon the vessels both commercial
and national, and upon the consular off
4 GERS of other powers calls for the defini
y ton of their relations to the parties to III
contest. Considered as a question OF eXpe
diency, | regard the accordance OF bel
e lgorent rights still to be as unwise in
o premature as | regard it to be. at prescn
q indefensible as a measure of right
o such recognition entails upon the coun
> try according the rights which flow fror
u It difficult and complicated duties and re
70 nulres tho CNaction from the contondin
$ parties of tho strict observance Of ihci
y rights and obligations. 1t confeis tn
y right Of search upon the high seas b
!, , vessels Of 10th parties; il would suhjet
= the carrying of arms and munitions
y war, which now may be transported freel
and without interruption, In vessels Of ii
United States, to detention and to possibl
! seizure; II would give rise to counties
vexatious questions. would release III
* parent country from responsibility for ac
Of done by the insurgents and would inve.
al Spain with the right to exercise the super
" vision recognized by our treaty of l7g
I'd over our commerce on the high seas,
n very large part of which in its traffic bt
of tween the Atlantic and Gulf states and b,
Us tween all of them and the states of u
IN Pacific passes through the waters whiC
d. wash the shores of Cuba. The exercise
It. this supervision could scarce fail to lea
n IL not to abuses, certainly TO collision
lis perilous to the peaceful relations of Il
IL two states. There can be little doubt
n TO what result such supervision would b,
nd fore long draw this nation. 1t would |
he unworthy of the United States to inaugt
y rate the possibilities of such result, /
'e- measures of questionable right or eNpcd
in ency, or by any indirection."
Turning to the political aspects Of
oi recognition Of beligerency and reviewir
AK its Inconvenience and positive danger
a still further pertinent considerations al
Sc pear. In the code of nations there is i