Daily capital journal. (Salem, Or.) 1896-1899, 1897-12-07


transported freely and wfthout inter
ruptiOn In vessels Of the United State
20 detention and 10 possible seizure. :
rouid give rise - c0asItiess aeN1tio "a
I 1ue.stions. i would rend the present
! government Of responsI bility for aets
done Dy the insurgents and would in
.est spain with the right to exercise
I the supervision recognized by oui
| treaty Of 1873 over our commerce OF
/ he high seas a very large part OF
which in its traff1c between the At
I ante and the gulf states and between
All Of them and the states on the Pa
oihc is through the waters which
wash the shores Of Cuba. The exer-
else of this supervision could scarce
fail TO lead. IL not to abuses. certainly
to collisions. perilous to the peaceful
relations of the two states There can
be little doubt as to what result such
supervision would be before long draw
to this nation. 1t would be unworthy
Of the United States TO inaugurate the
possibility OF such results BY a measure
Of Questionable right OF expediency, or
by any indirection.'
Turning to the practical aspects Of
a recognition Of belligerency and re-
viewing its conveniences and possible
danger are further pertinent consider
atoms to appear In the code Of ma
tiOns there is no such a thing as a
naked recognition Of belhgerency unac,
companied by the assumption Of na-
tiOnal neutrality. Such recognition
without more viii not confer upon
either party to a domestic conflict a
status not therefore actually possessed
or affect the relation OF either party
-. ~
usually takes the form of a solemn
proclamation Of neutrality. which re-
cites the de facto condition of beliig-
erency as its motive. 1t announces a
domestic law OF neutrality in the de-
claring state. 1t assumes the interna-
tsOnal obligations of a neutral in the
presence Of a public state of war. 1t
warns all citizens and others within
the jur, sdictiOn Of claimant that they
violate those rigorous obligations at
their own peril and cannot expect to be
shielded from the consequence. The
right Of visit and search and seizure of
vessels and cargoes and contra band Of
war, under admiralty law, must, un-
der international law, be admitted as a
legitimate consequence of a prOclama-
tion Of belligerency. While according
to equal belligerent rights, defined by
public law, TO each party in our ports
disfavor would be impossible to both,
which, while nominally equal, would
weigh heavily in behalf of Spain her
self. Possessing a navy and claiming
the ports of Cuba, her maritime rights
could be asserted, not only for the mill
itary investment of the island, but up
to the margin of our own territorial
waters, and condition of things would
exist for which the Cubans could not
hope to create a parallel; while it's Gre
alton through sympathy from within
our domain would be even more impos-
sible than now with an additional OBJ
Il gation of international neutrality We
would perforce assume.
THE enforcement of this en-
larged and onerous code of
fiuentiai within our own Jurisdiction of
neutrality would only be in
land and sea and applicable by our own
1t could impart to
the United States no jurisdiction be-
tween Spain and the insurgents. 1t
would give the United States no right
Of intel yention to enforce the conduct
Of the strife within the paramount au-
thOrity of Spain, according to the ir
code of war.
For these reasons L regard the rec
ognition of the belligerency of the Gu
ban insurgents as now unwise, and
therefore inadmissable. Should that
step hereafter be deemed wise, as a
measure of right and duty, the execu-
tive will take 1t.
Intervention upon humane grounds
mas been frequently suggested
and it has not failed to receive my most
anxious and earnest consideration.
But should such a step be now taken
when it is apparent that a hopeful
shange has supervened in the policy of
spain toward Cuba?
"A new government has taken office
n the mother country. 1t is pledged in
advance to the declaration that all
he effort in the world cannot suffice to
peace in Cuba by the bayo-
let; that vague promises of re'orm af-
er subjlgation afford no solution of
he insular problem; that with a sub
;utution of commanders must come a
,hange of the past system of warfare
,or one in harmony with a new policy
which shall no longer aim to drive the
Cubans to the horrible alternative of
taking to the thicket or sueeumbing in
misery that reforms must be insti-
tuted in accordance with the needs and
tances of the time and that
these reforms will be designed to give
full autonomy to the colony and to
create a virtual entity and self-con-
trolled administration, shall yet con-
serve and affirm the sovereignty of
Spain by just distribution of powers
and burdens upon a basis of mutual
interest, untainted by methods of sell
fish expedlency.
THE first acts of the new govern
ment lie in these honorable paths.
The policy of cruel rapine and exter
that so long shocked the uni
versal sentiment of humanity, has been
reversed. Under the new military
commander a broad clemency is prof
ferred. Measures have already been
set on foot to relieve the horrors of