Show I UNTRIED HEASUBES I Quotations Prom Gsn Grant on What I Constitutes War I Of the untried measures there remain re-main only Recognition of the insurgents as belligerents bel-ligerents recognition of the independence i independ-ence of Cuba neutral intervention to I end the war by imposing a rational I compromise between the contestants and intervention In favor of one or the i other party I speak mot of forcible annexation for that cannot be thought I of That by our code of morality would be criminal aggression I BELLIGERENCY I Recognition of the belligerency of I the Cuban Insurgents has often been canvassed a a possible i not inevitable inevit-able step both in regard to the previous ten years struggle and during the present pres-ent war I am not unmindful that the two houses of congress in the spring of lilt expressed the opinion by concurrent I con-current resolution that a condition of public war existed requiring or justifying justi-fying the recognition of a state of I belligerency in CUb and during the extra session the senate voted a joint i resolution of like import which however I how-ever was not brought to a vote in the J house In the presence of these sig I i nificant expressions of the sentiment of I the legislative branch it behooves the i executive to soberly consider the conditions I condi-tions under which so important a measure I meas-ure must needs rest for justification I is to b seriously considered whether I the Cuban insurrection possesses beyond be-yond dispute the attributes of statehood state-hood which alone can demand the recognition of belligerency in its favor I Possession short of the essential qualifications fications of sovereignty by the insurgents insur-gents and the conduct of the war by i them according to the recognized code of a are no less important factors I toward the determination of the tcwad detrminaton problem prob-lem of belligerency than are the influences I fn tr = fluences and consequences of the struggle I strug-gle upon the internal policy of the i recognizing state BACK IN 1S75 I The wise utterances of President I Grant in his memorable message of I Dee 7 1875 are signally relevant tote to-te present situation in Cuba and i may be wholesome now to recall them I At that time u ruinous conflict had for seven years wasted the neighboring island During all those years a uterI disregard of thelaws of civilized warfare war-fare and of the just demands of humanity hu-manity which called forth expressions of condemnation from the nations of Christendcftn continued unabated Desolation Des-olation and ruin pervaded that productive produc-tive region enormously affecting the commerce of all commercial nations but that of fhe United Statesmore than any other by reason of proximity and larger trade and intercourse At that 1 juncture General Grant uttered these words which now as then sum up the j i elements of the problem I GRLtN tle S UTTERANCES II A recognition of the independence of g Cuba beihsni my opinion i impracticable impractic-able and indefensible the question I which next presents itself is that of ten I te-n > of belligerent rights in the I parties to the contest In a former t message t congress I had occasion to consider this question and reached the conclusion that the conflict in Cuba lo J t taWi t dreadful and devastating as wore its j Incidents did not rise to the fearful j j dignity of war I is possible that the acts of foreign j powers and even acts of Spain herself I of this very nature might be pointed I to in defense of such recognition But I now as In its past history the United i States should carefully avoid the false j lights which might lead it into the mazes of doubtful law and of unquestionable unques-tionable propriety and adhere rigidly and sternly to the rule which has been Its guide of 3 > lug only that which is right and honest and of good report J The question of according or withholding withhold-ing rights of belligerency must be judged In every case in view of the particular attending facts Unless justified jus-tified by necesssity it is always and justly regarded as an unfriendly act and a gratuitous demonstration of I moral support to the rebellion I is necessary and it is required when the I Interests and rights of another government govern-ment or of its people are so far affected by 0 pending civilconflict a to require a definition of its relations to the parties par-ties thereto But this conflict must be one hieh will be rerognizid in the I sense of international law as var i WHAT CONSTITUTES WAR BeHiKarence too is a fat Them I The-m existence of x1tel contending armed bodies and their occasional conflicts do i not constitute war in the sense referred j I 1 to Applying to the existing condition I j f nTars tn Cuba the tests recognized I I j by publicists and writer on interna j itina law ntd which have 1 I tiuC havf been obI ob-I served by nations of dignity honesty I I and ower when free from power sensitive or Selfish and unworthy motives I fail t i fi 1 the insurrection the existence j j of sti h a substantial politic ai organi i j zatn rnl palpable and manifest to I I the world having the fortes and capa j j i ble of the ordinary functions of ordinary toward people I nary government its own and to other states with courts for the ours administration of justice with a local I habitation possessing such organization I organiza-tion of force such material such occupation i pation of territory as to take the contest r ief toc ec j test but of the category of a mere rebellious I re-bellious insurrection or occasional skirmishes skir-mishes and place it on the terrible I footing of war to which a recognitipn of belligerency would aim to elevate It Ii MERE INSURRECTION The contsst moreover is solely on land the insurrection ha not poTssess ed itself of a single seaport whence it i I may send forth its flag nor has it any 1 means of communicating with foreign powers except through the military j lines of its adversaries No apprehension apprehen-sion of any of these sudden and dim i cult complications which a war upon the ocean is apt to precipitate upon the t vessels both commercial and national and upon the consular officers of other I powers calls for the definition Or their relations to the parties to the contest I Considered as a question of expediency I I regard the accordance of belligerent rights still to be as unwise and prema tare as I regard i to be at present I indefensible as a measure of right j WHAT RECOGNITION MEANS Such recognition entails upon the recogiton enfail tle I the which country according to thc rights whih flow from it difficult and complicated I duties and requires the exaction from the contending parties of the strict observance I ob-servance of their rights and obligations obliga-tions It confers the right of search tons upon the high seas by vessels of both I parties i would subject the carrying of arms and munitions of war which now may be transported freely and I without interruption in vessels of the I United States to detention and to possible pos-sible seizure i would give rise to countless vexatious auestioris would I ountess yexatous QUEstons rend the present government from responsibility re-sponsibility for acts done by the insurgents in-surgents and would invest Spain with the supervision recognized the right to exercise I cognized by our treaty of 1795 over our commerce on the high seas a very large part of which is engaged in traffic between t the Atlantic and the gulf I states and between all of them and the states of the Pacific and through the waters which wash the shores of Cuba The exercise of this supervision could scarce fail to lead if not to abuses certainly to collisions perilous to the i peaceful relations of the two stales i There can be little doubt as to What I I result such supervision would before long draw this nation It would be unworthy = i3slt worthy I of the United States to inaugurate < inaugu-rate the possibilities of such result by is measures of questionable I right or ex I pediency or by any indirection |