Show CUBAN ELLIGERENCY Recognition I Unwise and Therefore Inadniissaole Turning to the practical aspects of a belligerency and reviewing recognition of belgerency recogniton viewing its inconveniences and positive posi-tive dangers still further pertinent sti considerations appear In the code of considertons nations is no such thing as a natons unaccompanied of belligerency naked recognition belgerency recogniton accompanied by the assumption of international in-ternational neutrality Such recognition recogni-tion without further expression in its terms will not confer upon either party tens domestic conflict a status not to a confct theretofore actually possessed nor affect to fect the relation of either party other states WHAT RECOGNITION MEANS The act of recognition usually takes of solemn proclamation the form of a proclamaton neutrality which recites the de facto condition of belligerency as its motives conditon It announces a domestic law of neutrality neu-trality In the declaring state I assumes tralty of sumes the international obligations a neutral in the presence of a public state of war It warns all citizens and of the others within the jurisdiction claimant that they violate those rigorous rigor-ous obligations at their own peril and cannot expect to be shielded from the consequence The right of visit and search on the seas and seizure of vessels ves-sels searh and cargoes and contraband of war goods as prize under admiralty law must under international law be admitted as a legitimate consequence of a proclamation of belligerency while according to equal belligerent whie rights defined by public law to each party in our ports disfavors would be impossibli on both which while nom inallv equal would weigh heavily in behalf of Spain herself Possessing a navy and claiming the ports of Cuba her maritime rights could be asserted not only for the military investment of the island but up to the margin of our own territorial waters and a condition con-dition of things would exist for which the Cubans within their own domain I could not hope to create a parallel I while its creation through aid or sympathy sym-pathy from within our domain would be even more impossible than now with the additional obligations of international in-ternational neutrality we would perforce per-force assume ITS DISADVANTAGES The enforcement of this enlarged and I onerous code of neutrality would only be influential within our own jurisdiction I jurisdic-tion of land and sea and applicable by our own instrumentalities I could I impart to the United States no jurisdiction I juris-diction between Spain and the insurgents i insur-gents I would give the United States I no right of intervention to enforce the conduct of the strife within the paramount mount authority of Spain according to the international code of war For these reasons I regard the recognition recog-nition of the belligerency of the Cuban insurgents as now unwise and therefore there-fore inadmissible Should that step hereafter be deemed wise as a measure of right and duty the executive will take it |