The Portland daily press., 1897-12-07

our shores IN violation of our laws would
seem to be sufficient answer. But of
this aspect OF the Spanish note it is not
necessary to speak further now. Firm in
the conviction of wholly performed OBJ
legation, due response to this charge has
been made in diplomatic course.
Throughout all these horrors and dam
gers to our own peace this government
has never IN any way abrogated its sover-
eign prerogative of resefving to itself the
determination of its policy and course ao-
cording to its own high sense of right
and In eonsonance with the dearest inter-
ests and convictions of our own people
should the proloDgation Of the strife SO
demand.
OF the untried measures there remain
only: Recognition of the insurgents as
belligerents; recognition of the inuepend-
ence of Cuba; neutral intervention to END
the war by imposing rational compro-
mise between the contestants, and inter
yention In favor of one or the other party.
speak not of foroible annexation, for
that cannot be thought Of. That by our
code Of morality would be criminal ag-
gression.
Recognition of the belligerency Of the
Cuban insurgents has often been can
vassed as a possible, ii 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 1896 expressed
uhe opinion by concurrent resolution that
a condition of public war existed requir-
ing or iustifying the recognition OF q
state Of belligerency in Cuba, and during
the extra session the Senate voted Joint
resolution of like import, which, how.
ever was not brought to vote in the
House of Representatives. In the pres
ence of these significant expressions of
the sentiment Of the legislative branch, it
behooves the executive to soberly consider,
the conditions under which SO important
a measure must needs rest for justitica-
ton. 1t Is to be seriously considered
whether the Cuban insurrection possesses,
beyond dispute, the attributes of state
hood which alone can demand the recoQ-
milton of belligerency in it's favor. Pos
session in short, of the essential oualifl
cations of sovereignty by the insurgents
and the conduct of the war by them ao-
cording to the received code Of war are
no less important factors toward the de.
termination of the problem of belliperen-
oy than are the Influences and eonse-
quences of the struggle upon the internal
policy of the recognizing state.
PRESIDENT GRANT AND CUBA.
The wise utterances OF President Grant
in his memorable meassage of Decem be1
", 1875, are signally relevant to the pres.
ent situation in Cuba and it may be
wholesome now to recall them. At that
time ruinous conflict had Tor 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 condemnation from
the nations of Christendom, continued
unabated. DesoIation and ruin peryaded
that productive region, enormously affect
ing the commence of all commercial ma.
tions, but that of the United States more
than any other by reason of proximity
and larger trade Intercourse. At that
juncture General Grant uttered these
words, which now as then, sum up the
elements of the problem:
Z A recognition of the independence OF
Cuba being, in my opinion, impraoticable
and indefensible, the question which
tion of belligerent rights in the parties
to the contest. In former message to
Congress l had occasion to consider this
question and reached the conclusion that
the conflict in Cuba, dreadful and devas
tating as were it's incidents. did not rise
to the fearful dignity Of war. 1t Is pos
sible thai the acts of foreign powers an6
even AoGS OIL Spaln uoFsell Oh UnlS F6Ty ma
ture. might be pointed to in defense oi
such recognition. hut now, as In Its
past history, the United States should
carefully avoid the false lights which
might lead It into the maZes of doubtful
law and of questionable propriety and
adhere rigidly and sternly to the rult
which has been it's guide, of doing only
that which is right and honest and oi
good report. The question of according Oh
.,E %lI I, IL II - IL
must be judged in every case, in view Of
the particular attending facts. Unless
justified by necessity, it is always. ane
justly, regarded as an unfriendly act anu
d gratuitouS demonstration of moral sup
port to the rebellion. 1t if necessary and
it is required, when the interests anC
rights of another government or Of its
people are so far affected by a pending
civil conflict as to require definition oi
its relations to the parties thereto. But
this conflict must be one which will be
recognized in the sense Of international
law as war.
g Belligerency, too, is fact. The mere
existence Of contepding, armed bodie.
and their occs ssional conflict do not con
stitute war in the sense referred to. Ap
plying to the existing condition of affairs
in Cuba the tests recognized by publicistt
and writer's on international law anc
dignity, honesty and power when fret
from sensitive or selfish and unworthy
motives, l fail to find in the insurrectiof
the existence of such substantial politi
cal organization, real, palpab1e and mani
fest to the world, having the forms an6
capable of the ordinary functions of gov
ernment towards it's own people and te
other States, with courts for the admins
tration OF justice, with local ha bitation
possessing such organization of force
such material, such occupation of terri
tory as to take the contest out of the cat
egory of mere rebellious insurreotion OF
occasional skirmishes and place it on the
terrible footing of war, to which q rec
ognition of belligerency would aim to ell
evate it.
1.-THE contest, moreover, is solely or
land; the insurrection has not possessed
itself of a single seaport whence it may
send forth its flag, nor has it any meant
of communication with foreign powers
except through the military lines of it,
adversaries. No apprehension of any o.
those sudden and difficult complication
which war upon the ocean is apt to pre-
cipitate upon the vessels both CONNER
cial and national, and upon the consular
officers of other powers calls for the def
milton of their relations to the parties tt
the contest. Considered as question O
expediency, I regard the accordance O