Holbrook argus. (Holbrook, Ariz.) 1900-1913, 1901-12-07

QnMiSG.

Turning to the practical aspects Of a
h9gnition of belligerency and review
IT'S neea%eniences and positive dan
still further pertinent considera-
appear. In the code of nations
is no such thing as a naked re-
ton of belligerency unaccompan-
the assumption of international
lily. Such recognition without
ill not confer upon either part
4 domestic conflict a status not
fore actually possessed or AFFECT
lation of either party to other
.,-es The act of recognition usually
takes t1aaferu.ef e snlaran proclama-'
ton of neutrality which recites the de
Tactic condition of belligerency as its
motives. 1t announces domestic law
of neutrality in the declaring state. 1t
assumes the international obligations
of a nuertal in the presence OF public
state of war. 1t warns all citizens and
others within the jurisdiction of the
proclaimant that they violate those
rigorous obligations at their own peril
and cannot expect to be shielded from
the consequences. The right of visit
and search on the seas and seizure OF
vessels and cargoes and contraband of
war and good prize under admiralty
law must, under international law, be
admitted as a legitimate consequence
of proclamation of belligerency. While
. according equal belligerent rights
. defined by public law to each party in
our ports disfavors would be imposed
on both which, while nominaly equal,
would weigh heavily in behalf of Spain
herself. Possessing a navy and claim
ing the ports of Cuba her maritime
rights could be asserted not only for the
military investment of the island, but
mp to the margin of our own territorial
waters. and a condition of things would
exist for which the Cubans within their
own domain could not hope to create a
parallel while its creation through aid
or sympathy from within our domain
would be even more impossible than
now. with the additional Obligations of
International neutrality we would per-
force assume.
The enforcement of this enlarged and
onerous code of neutrality would only
be influential within our own jurisdic-
ton by land and sea, and applicable by
our own instrumentalities. 1t could i'm
gDart-~s-the United States no jurisdic-
tion between Spain and the insurgents.
1t would give the United States no right
of Intervention to enforce the conduct
of the strife within the paramount au-
thority of Spain according to the in
ternational code of war.
For these reasons 1 regard the recOg-
milton of the belligerency of the Cuban
insurgents as now unwise and there
fore inadmissible. Should that step
hereafter be deemed wise as a measure
of right and duty, the executive will
take it.
grounds has been frequently suggested.
and has not failed to receive my most
anxious and earnest consideration. But
should such a step be now taken when
IL is apparent that a hopeful change has
Supervened in the policy of Spain
toward Cuba? A new government has
taken office in the mother country. II
is pledged to advance the declaration
that all the effort in the world cannot
suffice to maintain peace in Cuba by
the bayonet; that vague promises of re-
form after subjugation afford no solu-
ton of the insular problem; that with
a substitution of commanders must
come a change of the past system of
warfare for one in harmony with a new
policy (which shall no longer aim to
1-i-e the Cubans "to the horrible al
formative of taking to the thicket or
succumbing in misery; that reforms
must be instituted in accordance with
the needs and circumstances of time
and that these reforms, while designed
10 give full autonomy to create virtual
entity and self-controlled 'administra-
ton, shall yet conserve and affirm the
sovereignty of Spain by a just distribu-
tion of powers and burdens upon basis
of mutual interest untainted by meth.
DDS of selfish expediency.
The first acts of the new Government
lie in these honorable paths. The pol.
icy of cruel rapine and determination
that so long shocked the universal sen.
%iment of humanity has been reversed
Under the new military commander {
broad clemency is proffered. Measure:
have already been set on foot to relieve
4he horrors of starvation. The power o.
the Spanish armies, it is asserted, i.
to be used, not TO spread ruin and desc
lation, but to protect the resumption O
peaceful agricultural pursuits and pro
ductive industries. That part methods
are futile to force a peace by subjuga
tior is freely admitted, and that ruiz
without Cancellation must inevitably
fail TO win for Spain the fidelity of
contented dependency.
DEGREES in application of the fore
Swallowed reforms have already beel
promulgated. The full text of these de
crees has not been received, but, a
furnished, in a Geographic summar,
from our Minister, are:
p 0RNrnG