The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-07

Pisaees. = National ssstirssrt An
Asninst such an EstanGieu,eut "

posed treaty Win SPAN Is a most timely ana
~. uI",s- 49, 70 nv
.ioistnnn ho"sLsi opisaelons IN inc pohu-
lnR convess ooSwoon Spain anu ouoe- Freeioent
mcfAinIoI mas oeoiareo IN ms message 10 Con-
erosb tnet tnoro WAT IN Cupe. Ihero arc
buttwo kinds OF war; public war" and . war
between two factions OF tho Same nation. IL
we are not willing to regard the present con-
met as . puDno war ana the CUBAN republic as
an ineoponuon' ne.,on' 70 must ~ ieast Iroetis
10 SoaN'i war Nessoi s"Js'
AciVh war breaks tho bonds OF society and gov.
sinmont or ie@st suspends ther FORCE and enect.
proauces IN 'ne nation sWo independents parties
VINO consider each other a. enemies and acknowledge
-S-No..-n- H parties ~
. a.. s.ss...s 49,. -.
HAVING no common srnsr,or 80 80 h",~..n 49,.
thew .t.nd in nrec,so,v Az. ..ms nrsI,o.msnt 800
nation. who engage I'm . con,o., "a 49, raoorr.. 80
arms.
~ this be trp. thu, ,. .u.o r,.h nx
,ro,,v vv,,h g. '" ."A.S ~
80. "n pam Il ooparato oony' IL reter-
body; for any treaty. with Snain re.noc,jnv Cpha
would be a denial Of the aenarate exisrence of
tho Cuban republic. That wou,d bo In take
sides with Spain aeainst tho Cubon patriots.
In tho case of the United states va. palmer.
decided in 1918. Chief Jpstice Marshall. dcliv,n
ing the opinion NJ Tho srnr.no Count ..td.
NAV hs .,,a n.,o..u. ..., !. A.. o.-.-u...
r,ma,ns noptr,, 40 rs.c...... s-..a. 80
civil war. II. courts canno, oon,,dor .s crIm,n.i tho,.
acts of hostility which war authorizes ana which tho
new Government may direct against its enemies. To
decide otherwise would be to determine that the
war prosecuted by one of the parties was unlawful.
and would be to array the nation to which the court
belongs against that party:
Upon the Same principle. for tho Executive To
recognize by treaty the right of Spain to leeis-
late for Cuba would be to recognize the soye-
reignty Of Spain over Cuba, Il would be TO de-
termine that the war prosecuted by the Cubans
was unlawful and to array this nation against
them.
In 1922. when our neutrality laws were pre-
cisely what they are now. President Monroe. In
his message of March 8, said in reference to the
struggle between Spain and the revolving prov
inces of South America.
Tbrouoh N. v,o,. -, ..,.
have remained neutral. and have fuIs,Ied v,,h IN.
utmost impartiaiity all the obligations incident 70
that character.
That % what v. orrh. -
the whole NJ tb. crhon oont.., 80
tainlv opcbt 10 do now IT, -
with snnin n, IN III. ro,riotions -. I'll
govern our tr,de nth CIR g. :, 80. ~.
Cuban rennhlic md IN r,o,ot. Ill ~. .s,,H.s.o
fnCidanf m nh ~ N fral Ia a.aHto,
So far 7 have cons,aar.d ~.
question of internotionoI ,a,, d.,
had the Ieo,, r,aht 20 r,.n. -
,ra,E ~ 'u'n 'teaIs'it
to place our trade with Cuba nm M advantac.or.
terms as nossibIe conan ,ho mo,,o,. - Co.
this country and tbose NJ mi. oorn,ru. - C,,h"
Opr nroxin;,r 30 -,
tooo o,or iii tLs.as.,,
-, "" 'nn. HG'ofuins 10 'ne
'""o "a tRauo "Oulu cNCluue vi
~. po'toie, nu' "ceoroine 10 the omcial test
VI Ii royeI oecree under winch this sham au-
so"ouioue government mas oeen set up In
havana spain reserves TO herself q diherentfal
DUTY OF 30 per cent. on all Cuban imports.
While the Cuban republic would gladly enter
into a reciprocity treaty which would insure
FREQ imports into Cuba from this country we
: invited pS spain 10 make q treaty with her
"nioh would oblige us to submit TO o duty Of So
per cent In ner FAVOR.
Ii there wore no sentiment In the matter. our
own proverbial astuteness ought to protect us
rum such Jolly. why should we tie our hands
1 u ADVANCE Win spain when by waiting n short
tiHne. even II we take no active steps in favor of
the Ouoans. we Shall be able to make a treaty
with the republic that will at least put us on an
equality with the most favored nations and re-
hove US OF THIS 30 per cent. in favor of Spainf
But there Is another reason why this Admin
istratioh cannot tor one moment consider any
such treaty with Spain. The Republican party
Is pledged against 1t. The platform on which
Nr. mckinley was elected contains the following
declaration:
From the hour OF achieving their own indepen-
dence the people Of the United States have regarded
with sympathy the struggles of other American peo-
pies to free themselves from European domination.
We atch win deep ana abiding interest the heroic
nra..,on - pAa.os gains cruelty ana OPP
cc.s Of their dstern,nad 80. ~ -, p ~ u sue
eminent Of spa,n having los. cor,ro, -, cnn. >.
being unable to protect the nronsr,v NJ rvs. ., ra.t
dent American citizens. or to comply with Ira tre.tr
obligations, we believe that the Government n, ,s
United States should actively use its influence and
good offces to secure peace and give Independence to
the island.
In the light of such a declaration how o.,
Republican Administrator enter into : 49,
which ia predicated upon the soveroiontv =,
Spain over Cuba , To do On would no 80