The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1870-06-17


fierce and protfactsd, docs not alone constitute
war. There must be military forces acting In
accordance with the ruler and customs Of war.
flags OF truce, cartels. exchange Of prisoners,
&c, &c. And to justify the recognition OF bel
leercncy there must be above all . de Jaefo po-
ltical organization OF the insurgents sufficient in
character and resources 10 constitute, II let to
itself, q State among nations capable OF dischafg-
ing the duties Of State and meeting the just
RESPONSIBILITIES Il may incur As such toward 9TH
or powers in the discharge Of Its national duties.
Applying the best information have been able
10 Gather, whether from official or unofficial
sources, including the very exaggerated state
ments which each party gives to all that may
prejudice the opposite or give credit 10 Its own
side Of the question, am unable to see, in the
prcsent condition 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, and have no established
seat of government. They have no prize courts
no organization for receiving or collecting OF re
venue, no seaport to which prize may be car
ried, or through which access can be had by o
foreign power to the limited interior territory
and the mountain Businesses which they occupy.
The existence Of . Legislature representing any
popular constituency Is more than doubtful, and
The uncertainty that hangs around the entire
insurreciion Is no probable evidence Of the cleo
ton Of any delegated authority or any govern
mcnt outside Of the limits Of the camps occupied
from day to day by the moving companies OF the
insurgent troops. II has no commerce, no trade,
either internal or foreign and no manufactures.
The late Commando Chief Of the insurgents
having recently come to the United States, pub
licly declared that all the commercial intercourse
or trade with the exterior world had been Ut
terly cut of, and he further added, "to-day We
have not 10000 arms In Cuba"
II well established principle Of the public
law that the recognition IN foreign State OF the
belligerent rights Of the insurgents under cir
cumstances such as now exist In Cuba, II not
justified by necessity, is gratuitous demonstra-
ton Of moral support to rebellion. Such ne
cessity may yet hereafter arise, but 1t has not
vet arisen, nor Is II, probably. clearly to be
seen. If there be war between Spain and Gu
ba, and II be recognized, II is our duty to pro-
vide for the consequences which may ensue In
the embarrassment Of our commerce and inter-
ference with our revenue. II belligerency be
recognized, the commercial marine Of the United
States becomes liable to search and seizure by
the commissioned cruisers Of both parties, and
they become subject TO the adjudication OF prize
courts. Our large coastwisc trade between the
Atlantic AMI Gulf States and between both and
the Isthmus Of Panama and the States Of South
America, engaging q large part Of our CONNER
cial mari ne, passes Of necessity almost In sight
of the Island Of Cuba. Under the treaty with
Spain, of 1896, as well rs by the laws Of ma
tions, our vessels will be liable to visits on the
high seas. In the case Of belligerency, the car
rying of contra6and, which now is lawful, be-
comes liable to the risks Of seizure and condem-
nation; the parent government becomes relieved
from the responsibility for acts done In the in
surgent territory. and acquire the right to ex-
ercise toward neutral commerce all the powers
Of party to maintain war. To what conse-
auence the exercise Of these powers may lead is
a question which desire to commend 10 the Sc
rious consideration Of Congress.
In view Of the gravity Of this question,
have deemed Il my duty to invite the attention
Of the war-making powers OF that country to
all the relations and bearings Of the question In
connection with the declaration Of neutrality
and the granting Of belligerent rights. There
II no de facto government In the island OF Gu
ba sufficient TO execute laws, or maintain just
relations with other nations. Spain has not
Dttu bDtc W FupprVso tuc oPPo'it'oh
rule on the Island, nor to award speedy justice
to nations, or citizens Of other nations, when
their rights have been invaded. There arc Sc
rious complications growing out Of the seizure
Of American vessels upon the high seas, e1ecut-
ing American citizens without q proper trial,
and confscating or embargoing the property OF
American citizens. Solemn protests have been
made against every infraction Of the rights OF
individual citizens Of the United States. or the
rights Of our flag upon the high seas. and all
proper steps have been taken and are pressed
for the proper rcparstion Of every indignity
complained Of The question Of bellgercncy,
however, which Is to be decided upon definite
principles and according to ascertained facts, is
entirely different from and unconnected with
other questions Of the manner In which strife
Is carried on. On both sides our citizens arc
entitled to our protection. These questions
concern our own dignity and responsibility and
they have been made, as have said, n subject
Of repeated communications with Spain, and Of
protests and demands for redress on our part
II Is hoped that these win not be disrcgardcd,
but should they be, these questions will be made
the subject Of further communication to Con-
grcss. (Signed)
U. 8. GRANT.
Executive Mansion. June 10, 1870.
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