Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1897-12-09

insurgents, n the conduct OF the war by
them according to the recognised code Of
war are no less important factors toward
the determination OF the problem Of bel
l%igerency than are the influences and con-
sequences OF the struggle upon the In
formal policy Of the recognizing state.
The u~tterances OF President Grant in
his memorable message on December Z.
1875. are signally relevant to the present
situation In Cuba, and 1t may be whole
some now to recall them. At hat time
q ruinous conflict had for seven years
wasted the ~neighboring island. During
al those years an utter disregard
Of the laws OF civilized warfare and
Of the Just demands OF humanity.
which called forth expressions OF con-
demnation from the nations OF Chris
tendon. continued undated. Desola-
ton and ruin pervaded that productive
region. enormously affecting the COM
merce OF all commercial nations. but that
OF the United States more than n other
by reason OF proximity and larger trade
and intercourse. At that Juncture Grant
uttered these words which now as then
sum up the elements of the problem:
Recognition IL Impracticable.
"A recognition Of the independence OF
Cuba being, In my opinion. impracticable
and indefensible. the question which next
presents itself IL that Of the recognition
OF bellfgerent rights In the parties to the
contest. In q former message to congress
l had occasion to consider this question,
and reached the conclusion that the con-
nict 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 foreign powers. and even acts
OF Spain herself OF this very nature might
be pointed to In defense Of such recog-
milton. But now, as In Its past history.
the United States should carefully avoid
the false lights which might lead 1t into
the mazes o. doubtful law and OF Ques-
tlonable propriety, and adhere rigidly n
sternly to the rule which has been its
guide, OF doing only that which IL right
and honest and Of good report. The ques-
ton OF according or OF Withholding rights
OF belligerency must be judged In every
case. In view of the particular attending
facts.
Unless justified by necessity. it Is al
ways, and Justly, regarded as an unfriend-
ly act and a gratultous demonstration of
moral support to the rebellion. 1t Is nee
essary. and 1t is required. when the inter-
ests and rights Of another government or
Of its people are 30 far Affected by a pend
ing civil conflict as to require q definition
of its relations to the parties thereto. But
this conflict must be ons which is recog-
nized .n the sense or international law as
war.
"Belligerence. too. IL a 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 pubiicists and
writer's on international law. and which
h0vn hAAn nhcnRvAA hr nofinna ~ di0nikv
honesty and power wnen free from ssnsi-
tive or selfah and unwo thy motives. l
fail to ind in the insurrection the exist
ence of such q substantial political organ
ization. real, palpable n manifest to the
world, having the forms n capable OF
the ordinary functions of government to-
wards Its own people and to other states
with courts for the administration OF JUS
tice with q local habitation. possessing
such organization Of force. such material.
such occupation OF territory as to take
the contest out of the category of q mere
rebe1lious instruction or occasional skir-
mishes and place 1t on the terrible foot
ligerency would aim to elevate it.
THE contest. moreover, Is solely on
land: the insurrecticn has not possessed it.
self Of q sin gle seaport whence 1t may send
forth It's nag. nor has 1t any means OF
communication with foreign power except
through the military lines OF Its advenu-
ries. No apprehension Of any OF those sud-
den n dificult complications which a war
upon tho ocean IS apt to precipitate upon
the vessels, both commercial and national
n upon the consular officers OF other
powers, calls for the de1n ition of the rela-
tions to the parties to the contest. Con-
sidered as q question Of expediency, l re-
gard the accordance Of belligerent rights
still to be a. unwise and premature. as I
regard 1t to be, at present. indefensible a.
. measure OF right.
such recognition entails upon the coun-
try. according the rights which dow
from 1t. difficult and complicated duties
n requires the e1action from the con-
tending parties Of the strict observance Of
their rights and obligations. It confers
the right OF search upon the high seas by
vessels Of both parties: 1t would subject
the carrying Of arms and munitions OF war,
which now may be transported freely and
without interruption In vessels Of the
United States, to detention and to possible
seizure: 1t would give rise to countless
vexatious questions, would release the
parent government from, responsibility for
acts done by the insurgents and would in
vest Spain with he right to exercise the
supervision recognized by our treaty Of
1905 over our on the seas, q very
large part Of which. in Its trafac between
the Atlantic and the Gulf states and be-
tWCVA 0lA I tAC1u AL lu0 SLAlcS Ou INC
Pacific. passes through the waters which
wash the shores Of Cuba. The exercise OF
this supervision could scarce fail to lead,
II not to abuses. certainly to collisions
perilous to the peaceful relations of the
" states.
There can be little doubt as to what re-
suit such supervision would before long
draw this nation. It would be unworthy
OF the United States to ~inaugurate the pos
eibilities OF such result, by measures Of
questionable right or expediency, or by any
indirection.
More Humane Methods I'm Cuba.
TIL first acts Of the new government lie
In these honorable paths. The policy Of
cruel rapine and determination that 80
long shocked the universal sentiment of
humanity has been reversed. Under the
new military commander q broad clemency
Is preferred. Measures have already been
set on foot to relieve The horrors Of star
walton. The power Of the Spanish armies,
1t 10 asserted, 10 to be used not to spread
ruin and desolation, but to protect the
resumption Of peaceful agricultural pur-
suits d productive industries. That
past methods are futile to force q peace by
s~ubjugation IL freely admitted and ruin
without Cancellation must inevitably fan
tn win Far Snain thA AAeItv ~ n ~ofnn<od