as a measure of right. Such recognition entails
upon the country according the rights which flow from
it difficult and complicated duties, and requires the
exaction from the contending parties of the strict
observance of their rights and obligations. It
confers the right of search upon the high seas by vessels
of both parties; it would subject the carrying of arms
and munitions of war, which now may be transported
freely and without interruption in the vessels of
the United States, to detention and to possible seizure;
it would give rise to countless vexatious questions,
would release the parent Government from responsibility
for acts done by the insurgents, and would invest
Spain with the right to exercise the supervision recognized
by our treaty of 1795 over our commerce on the high
seas, a very large part of which, in its traffic between
the Atlantic and the Gulf States and between all of
them and the States on the Pacific, passes 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 peaceful relations of the two States.
There can be little doubt to what result such supervision
would before long draw this nation. It would be
unworthy of the United States to inaugurate the possibilities
of such result by measures of questionable right or
expediency or by any indirection. Turning to the
practical aspects of a recognition of belligerency
and reviewing its inconveniences and positive dangers,
still further pertinent considerations appear.
In the code of nations there is no such thing as a
naked recognition of belligerency, unaccompanied by
the assumption of international neutrality. Such
recognition, without more, will not confer upon either
party to a domestic conflict a status not theretofore
actually possessed or affect the relation of either
party to other states. The act of recognition
usually takes the form of a solemn proclamation of
neutrality, which recites the de facto condition of
belligerency as its motive. It announces a domestic
law of neutrality in the declaring state. It
assumes the international obligations of a neutral
in the presence of a public state of war. It
warns all citizens and others within the jurisdiction
of the proclaimant that they violate those rigorous
obligations at their own peril and can not 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 a proclamation of belligerency.
While according the equal belligerent rights defined
by public law to each party in our ports disfavors
would be imposed on both, which, while nominally equal,
would weigh heavily in behalf of Spain herself.
Possessing a navy and controlling 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
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 perforce assume.