Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-06-15

question of the attitude to be observed b
this Government towards the insurrectior
ary party pending the contest Mr.. Mon
roe concisely expressed the rule which ha
controlled the action of this GOvernmen
with reference to a country pending it
struggle, by saying that as soon as the Gov
eminent assumed such steady and consis
tent form as to make the success of the pro
vince probable, that the rights to which
they were entitled by the laws of nations a
equal parties to civil war were extended
to them. The strict adherence to this rule
of public policy has been one Of the high.
est honors of American statesmanship, and
has secured to this Government the conf.
dence of the feeble powers of this conti-
nent, and which inclines them to rely upon
Its friendship in the absence of all signs Of
conquest; and to look to the United States
for an example and moral protection. 1t
has given to this Government position of
prominence and Of influence which il
should not abdicate, but which imposes
upon it the most delicate duties of right
and honor regarding new question wheth-
er those questions affect emancipated colo
MES still subject to European dominion.
| The question OF belligerency is one of
fact, not to be denied by sympathies for or
prejudice against either party. The rela-
tons between the present state of the in
surgents must amount in fact to war. In
close international law, fighting, though
| fierce and protracted, does not alone con-
stitute war. There must be military forces
acting in accordance with the rules and
customs Of war, flags of truce, cartels, ex-
Change OF prisoners, etc., ETC., and to JUS
tify recognition of beligerency there
must be above all de fseto political or
ganization Of the insurgents sufficient in
character and resources to constitute, if
LETT to itself, State among the nations,
capable Of discharging the duties of State
and nesting the just responsibilities it may
incur as such toward other powers In the
discharge of its national duties.
Applying the best information which 1
have been able to gather, whether from off
ciai or unofficial sources, including the very
exaggerated statements which each party
gives to all that may prejudice the oppo-
site or give credit to its own side of the
question, am unable to see in the condi-
ton of the contest in Cuba those elements
which are requisite to constitute war in the
sense of international law. The insurgents
hold no town or city, have no established
seat of government They have no
prize courts, no organization for receiving
or collecting revenue, no sea port to which
prize may be carried or through which
access can be had by foreign power to
the limited interior of their country and
mountain fastnesses which they occupy.
The existence of Legislaturere presenting
any popular constituency, is more than
doubtful in its uncertainty. There is no
probable evidence of an election of any
delegated authorities of any Government
outside the limits of the camps occupied
from day 70 day by the moving companies
OF the Insurgents. There is no
commerce, no trade, either internal or
foreign, no manufactures.
The late Commander-in-Ch Chief of the in
surgents, having recently come to the
United States, publicly declared that all
commercial intercourse and trade with the
exterior world has been utterly cut of, and
he further added. To-day we have not TO-
600 arms in Cuba.
It is a well established principle of
public law, that recognition by a for
eign state Of belligerent rights of insurgents
under circumstances such as now exist
IN Cuba, if not justified by necessity, is a
demonstration of moral support to the
rebellion. Such necessity may hereafter
appear, but it has not yet appeared nor
is its probability clearly to be seen.
1t it be q war between Spain and
Cuba, and be recognized, it is our duty
tc provide for the consequence which
may ensue in the embarrassment of our
commerce and the interference with our
marine. If belligerency be recognized,
the commercial marine of the United
States become liable TO search and seizure
by the commissioned cruisers of both
parties. -.-....
They have subject to the adjudication of
their prize courts our large cosstWise
trade between the Atlantic and the Gulf
States, and between both and the Ishmus
of Panama and other States of South
America, engaging the larger part of our
commercial marine forces of necessity
almost within sight of the Island OF Cuba.
Under the treaty with Spain of 1875, as
well as by the laws of nations, our YES
sells will be liable to visits on the high seas.
In case of belligerency the carrying of
conlraband goods, which now is lawful,
becomes liable to risks and condemnation.
In view of the gravity of this question,
| have deemed it my duty to invite the
attention of the law-making power of
the country to all the relations and bear
ings of the question in connection with
the declaration of neutrality and grant
ing of belligerent rights. There is not
de fdctO Government in Cuba sufficient
to execute the laws or maintain the Just
relations with other nations. .--
Spain has not been able to suppress the
opposition to the Spanish on the island
nor to award speedy justice to other ma
tions, or citizens of other nations, when
their rights have been involved.
There are serious complications grow
ing out of the seizure of American vessels
upon the high seas, executing American
citizens without proper trial, and confis-
eating or embargoing the property of
American citizens. Solemn protests have
been made against every invasion of the
rights of citizens of the United States or
our flag upon the high seas, and all proper
steps have been taken and are pressed for
reparation for every iudignity complained
of. ..---
The question of belligerency, however,
which is to be decided upon definite prin-
ciples, and referring to ascertained facts, is
entirely different from and unconnected
with other questions of the manner in
which the strife is carried on by both sides
and treatment of our citizens entitled to
our protection.
These questions concern our own Dig
nifty and responsibility, and they have
been made, as have said, the subject of
repeated communications with Spain and
of protests and demands for redress on
our part. @ &
1t is hoped that these will not be disre-
garded, but should they be, these ques-
tions will be made the subject of further
communication to Congress.
U. S. GRANT,
EXECUTIVE MANSION, June Is, 1870.
IMPORTATION WANTED.
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