The age-herald., 1898-04-06
THEY FAVOR INTERVENTION
But Say the Existing Form of Govern
 ment Might Not Be Capable
OF BRINGING STABILITY OF POWER
America Should Be Free to Dictate Form of Gov ernment Suited to the lsanders-Const tufional Law Leaves Such Decis-
 ion to Executive.

ion to Executive.
 Washington, April 5.-The following are substantially the views of prominent sena- tors who think that it is expedient at this time to acknowledge the independence of Cuba:
 '"rhe recognition of the independence of a new government is the recognition of a fact, not the expression of sympathy. As Gen. Grant said, the question is not one to be decided by sympathy for or prejudfcial against either party. When a nation is recognized as having a separate and inde- pendent existence the recognizing nation might assume. toward the new power all the duties and relations that it bears to any other friendly power the face of the earth. It admits the right to govern itself and its rights to make such allow ances and treaties with other nations as 1t might see fit.
 From the days of President Jackson. to the present time every president of the United States who has had occasion to con- slider the subject has taken this view of the public law governing the recognition of new power. During the war of the rebel lion the southern confederacy may be said to have had completely organized form of governmental president, congress, states with separate autonomy, civil law admins- tered by courts-yet this government pro- tested with the utmost yigor against the rights of other nations to recognize it as a separate and independent nation and suc- cessfully.
 Cuba Has No Government
 "No one will pretend to say that the status of the republic of Cuba has ever approached anything like a condition of perfection in the way of the government p0nfp6grarN ha m seaports; no United States consul or sular agent has ever come in public con- tact with a single member of this govern ment; 1t has not as matter of fact con- trolled the island of Cuba; 1t does not pos sess authority in a single city of any im- portance it has no seaport nor a ship; it lacks the possession of almost every ee- ment that -is~necessary to constitute an Independent state, that of independence.
 Gen Jackson refused to recognize the. independence of Texas so long as there was doubt of such reconquest of Mexico although the. Mexican forces had entirely withdrawn from it's territory.
 "Then there is the element of expediency. If the United States recognizes the inde- pendence of the Cuban republic, it confers upon it all the rights of an independent na- tion so far as we are concerned and re- quires all who have operations in Cuba to subject ourselves to the wishes and control of the republic and of those who control it. On the other hand. it might be possible that the government now alleged to exist under the name of the republic of Cuba is not such a government is capable of bringing stability and power to the island of Cuba, and that there ought to be set mp another form of government that would have the consent of the people OfCuba who would guarantee to the United States the tranquility and security which we are seeking
 should Be Free-Handed
 'If the United States is to intervene for the pacifcation of Cuba it should be free handed; it should not tie itself fast to form of government which afterwards may prove impeachment to those reforms which ought to be effected in the island
 'The United States ought to be free to insist upon such government as will be of practical advantage to the United States not by way of annexation, but in those matters of commercial advantages which from the location of the island and the re- lations of this country to it,, we ought to expect. If we recognize the independence Of this government now 1t Is free to grant us those privileges or to deny them to us.
 ''If it denies them when we think we are entitled to them we can only get them by the assertion of force which certainly would be embarrassing. Looking at it : from the standpoint of our own interests and not from the standpoint of the inter- ests of those who are supporting the Cuban republic every argument and every consid- eration favors Q course which will leave this government free to deal with the fu- ture of the island as it's interests may dic- tate when the time comes. Of course there will be independence in the island q The retention of the Spanish sovereignty there is not to be thought of. All that the people of the United States should sider is that 1t should go into the subject from the best vantage ground and without being handicapped and embarrassed by recognition of that which is premature and may prove embarrassing.
 To the Executive Power
 "As a matter of constitutional law. the right of recognition of a foreign govern ment pertains to the executive power who must receive ministers and other foreign agents who can make treaities and who can nominate representatives of this govern ment at foreign ports. The executive has 1t in his power at any tme-when the facts justify 1t and the interests of the United States require 1t to recognize the indepen- dence of the Cuban republic or any other nation which may set itself up and estab- fish itself firmly. To acknowledge now the independence Of Cuba would as a matter of fact, elicit from Us the sympathy of every European power The diplomats of the governments of Europe are we'll &C., quadnted with the principles of interna- . tonal law and know a matter of public law that the facts do not jusufy at present such recognition It is not enough to of theirgovernment. We should care for their opinion when 1t convicts us of vio- lating the rule of international conduct.
 Without Justification Tt Is not pleasant to be put in position where Americans cannot justify public acts of their government, and yet If this recog- milton takes place there is not a lawyer in this country who has any knowledge of in- ternational law who can defend 1t. Why do It? What is to be accomplished by it? Whom will 1t serve? It will not assist in the work of intervention, nor in the pacif- cation of the Island, nor in the obtaining of any just satisfaction which this gov srnment has right to demand from Spain. It will not make our task easier, but more difficult Of course, the immediate repre- sentatives of the present Cuban government will be gratifed They ought to be. It ought not to be done on the ground that every people struggling for Independence