Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-06-14
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ures OF national right ss well as OF national
duty; that misguided individual citizens cannot
be tolerated i'm making war according % the r
sss.ens, and lntsrests or foreign
nts, recognized or unrecogniEed, cannot be
permitted 20 abuse our hospitality by uSarping
the laneeons on eniasung or eqqipPing military
Washington tnaugurated ths policy Of neu-
trality and Of absolute abstinence from an
foreign entangiing alliances, which resulted, in
observance OF neutrality.
The duty Of opposition 10 filibustering has
been admitted by every President. Washington
revolutonists John Adams the projects OF Nj
randa; jefferson the schemes % Aaron Burr;
Madison and subsequent Presidents had 90 deal
with the question OF foreign enlistment or equip
ment I'm the United States aud since the .lays OF
John Quincy Adams IL has been one OF the con-
stant cares OF government in the United States
TO prevent ptraticai expeditions against the
cur shores.
In no country are men wanting for any en-
terprtse that holds out promise OF adventure
or gain.
In the early days OF our national existence the
whole continent OF America (Outside OF the
United States1 and all its islands were i'm colo
nial dependence upon European powers.
The yevOlutions which from Isle spread almost
simultaneously through AL the Spanish Amer
lishment Of new States, like ourselves of Eu-
ropean origin, and interested In eNcladng Ea-
ropeah politics and the questions OF dynasty aud
OF balance OF power nom further influence i'm
the new world.
The American policy OF neutrality. important
before became doubly 80 from the fact that a.
became applicable to the new republics as wen
as TO the mother country.
IL then devOlved upon 90 determine the
great international question AZ what time anI
under what circumstances Go recognize a new
power as entitled 70 place among the family
of nations a. well a. the preliminary question OF
the attitude 20 be observed by this Government
toward the insurrectonary party pending the
contest
Mr. Monroe concisely expressed the rule W
has controlled the action of this govern
with reference to revelting colonies pen
ernment assumed such a steady aud cOnsi -
form 20 make the success OF the proviu
probable, the rights 20 which they were ent,i
blythe laws of nations, a. equal PARTIES 20
civil war were extended 90 them.
The strict adherence 20 this rule OF publ.
policy has been one OF the highest hOnOrs Oi
American statesmanship, and has secured 10
this government the confidence OF the peOple
and Powers on tins continent which incliDes
them TO rely upon its friendship aud absence OF
designs OF conquest, and 20 look 70 the United
States for example and moral protection II has
given 20 this government position OF promi
nence and Of influence which IL should not Abdi-
cate, but which imposes upon IL the most deli
cate duties OF right and Of honor regarding
American questions, whether these questions
affect emancipated colonies or colonies stil sub-
ject 70 European dominion.
not 10 be decided by sympathies for or preiu-
dices against either party. The relations be-
tween the parent state and insurgents must
amount in fact 70 war in the sense Of interna-
tional law. Fighting, though fierce and pro-
uacted, does not alone constitute war; there
must be military forces acting i'm accordance
with the rules and customs of war, flags OF truce
cartels, exchange Of prisoners, &c, &c; and to
Justify q recognition Of beIligerency there must
be above all de Jdct0 political organi alton of
the insurgents sufficient I'm character aud re-
sources TO constitute IT, IL left 90 itself state
among nations, capable Of discharging the du-
ties OF state, and Of meeting the Just RESPONSE
bilities IL may incar as such toward other pow
ers I'm the discharge of its national duties
Applying the best information which have
been able 70 gather, whether from oficial OF
nnoffciai sources, including the very exagge-
rated statements, which each party gives 20 all
that may prejudice the opposite or give credit
TO its own side Of the question am unable 10
see, in the present condition of the contest i'm
Cuba, those elements which are requisite 90
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 the receiving
or collection of revenue; no seaport 70 which a
prize may be carried, or through which access
can be mad by foreign Power 70 the limited
interior territory and mountain fastnesses which
they occupy. The existence of Legislature
than doubtful.
In the uncertainty that hangs around the
entire insurrection there is no psipable evidence
OF an election Of any delegated authority, or OF
any government outside the limits OF the camns
occupied from day TO day by the moving com
panies of insurgent troops. There is no COM
merce; no trade, either internal OF foreign; no
manufactures.
The late commander-in-chief OF the insur-
kentr, having recently come 10 the United
States, publicly declared that - all commercial
intercourse or trade with the exterior has been
utterly cut of" and be further added sstO-day
We have not ten thousand arms i'm Cuba"
IL is a well established principle Of public law
that recognition by foreign State of bellige-
rent rights TO insurgents under circumstances
such as now exist in Cuba, IL not justified by
necessity, If gratuitOus demonstration OF moral
support TO the rebellion. Such necessity may
yet hereafter arise, but IL has not yet arrived,
nor is its probability clearly 20 be seen.
IL IL be war between Spain and Cuba, and be
so recognized, il IL our duty 10 provide for the
consequences which may ensue in the embar-
rassment 10 our commerce and interference with
our revenue.
Ifbelligerency be recognized, the commercial
marine of the United States becomes liable to
search and TO seizure by the commissioned crni-
sers OF both parties-they become subject 60 the
adjudication of prize courts.
Our large coastwise trade between the Allan
tic and the Gulf States and between both and
the Isthmus of Panama and the States of South
America, (engaging the larger parts Of our com
mercial marine,) passes OF necessity almost In
sight Of the Island of Cuba Under the treaty
made with Spain Of 1875, as well as BY the laws
OF nations, our vessels viii be liable to visit on
the high seas.
In case Of bellieerency the carving cf contra
risks OF seizure and condemnation. The parent
government becomes released from respOnsi-
bility for acts done In insurgent territory, and
acquires the right TO exercise towards neutral
commerce all the powers of party TO a mari
time war. To what consequences the exercise
OF those powers may lead is a question which 4
desire to commend 70 the serious consideration
of Congress.
In view of the gravity of tins question 4 have
deemed il my duty TO invite the attention OF the
war-making powers of the country TO all the re-
lations and bearings OF the question in cOnnec-
tion with the declaration Of neutrality and
granting Of the belligerent rights.
There Is not de fdct0 government in the Island
OF Cuba sufficient 70 execute law and % main
tain Just relations with other nations. Spain
has not been able 70 suppress the opposition to
Spanish rule on the Island, nor 20 award speedy
justice TO other nations or citizens Of other ma
tons, when their rights have been invaded.
There are serious Complications growing out
OF the seizure of American vessels upon the high
seas, executing American citizens without
proper trial, and connscatiug or embarrassing
the property Of American citizens SSolemn pro-
tests have been made against every infraction of
the rights either 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 being pressed for the proper reparation
Of every indignity complained Of.
The question OF belligerency, however, which