Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-07-28

lOI pSd(G-
1t can be stated en- the authority of the
State Department and of the embassies
here that there were no overtures in behalf
of Spain for peace or a cessation of hos
tlities until the French ambassador Tues
day afternoon presented his note to the
President.
This statement .is made with full knowl-
edge of European denials and must be
accepted as that of the government of The
United States. Therefore all of the talk
about bad faith shown by our government
in pressing; the Porto Rican campaign dur
ing the last few days is absolutely without
foundation. Our government has done
nothing that can subject It to criticism on
this score In addition to the representa-
tives of the United States government, the
persons qualified to speak for the govern
ment of Spain in this country make an ex-
actly similar statement. and the alleged
charges of bad faith against the United
States attributed to Premier Sagasta are
ciscredited inventions designed to pref
Udice the successful progress of the pres
ent peace movement. 1t could not for a
moment be contemplated that any mere
personal exchange of views between per-
sons in Europe could be construed as an
overture for peace, and, although there
may have been some of this 'back-door
gossip IT is denOminated at the State
Department, 1t can be again affirmed that
the United States government has not ben
a party to 1t. Moreover, as far as Am
bassadOr Cambon Is concerned, it can be
stated positively that he made no overture,
direct or Indirect. official or unofficial. re-
lating to peace or to any phase OF the
peace prior to o'clock last Tuesday after
noon
SaEasta's Surprising Statement.
But even supposing for moment that
there had been overtures, which there
have not. the military authorities regard
Premier Sagasta's statement that peace
oyertures operate to stay the course of
military operations little short of amaz-
irg- Such assertion is seid to be di-
rectly contrary not only to the military law
CT the United States, but to the whole
recognized principles of international law.
In general the international law writers
egree that military operations stop only
when d truce or an armstice IS actually
concluded, and that this truce or armis-
tice must be in writing. Until then the
mere preliminary overture toward a sus-
pension Of hostilities is not regarded as any
warrant for stopping the war. This is ex-
pressed in the United States instructions
ACl tLlt gov cilillt OF armies IN lhe uelU
as follows:
Article 147-B4lligerents sometimes con-
clude an armistice while their plenipoten-
tiaries are met TO discuss the conditions of
treaty of peace; but penipotentiaries
may meet without a preliminary armistice;
in the latter case the war Is carried on
without any abatement"
Another section of the regulations is as
follows
Article 142- An armistice is not partial
OF temporary peace; it is only the suspen-
sion Of military operations to the extent
agreed Upon by the parties"
Right to Continne HostiIities.
The military authorities. as well as the
specific regulations of the United States,
hold that there is 10 suspension of hostili-
ties prior to the agreement to suspend mill
tary operations. Even then, the agreement
is binding on military commanders only
frt m the time they receive actual notice
Of 1t. In the meantime military command
ers have the right to push forward and
hold such territory as they occupy The
need for limiting this cessation of hostili-
ties is obvious. for until a signed agree
m,nt is made there Is no knowledge of the
extent of the armistice. 1t may be general.
covering all fields of military opera tions or
II may be restricted to certain localities
All this is a matter of mutual agreement
between the two belligerents, and until the
agreement is finally reached each belliger-
ent is free to proceed with military opera
tions.
Obligations of BeIIigerents.
In the present case an armistice might
include on exclude the Philippines or Porto
Rico as the two parties might elect, bu;
until they agree there will be no obliga ton
to abate military activities in any field o
operations. After the signing of the armis-
tice preliminary 10 peace q status quo is
established and all military operations
como to a halt at the points designated. ant
at points not designated the military opera
tlOns proceed. In the present case IL tbs