Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1870-06-25


cy Of neutrality, important before, be-
came )ubly 50 from the fact that it be-
came applicable to the new republics as
well as TO the mother country. II then
deyolved upon us TO determine the great !
international question at what time and |
under what circumstances to recognize u |
new power as entitled TO place in the |
family Of nations, as well as the prelmi. |
nary question of attitude TO be observed |
by this government towards the iusur. |
rectionary party in the pending contest I.
MIR Monroe concisely expressed the rule /
which has controlled the action of this
government with reference to revolving
country pending its struggle, by saying
"As soon as the movement assumed such
a steady and consistent form as to make
the success of the provinces probable,
the rights to which they were entitled
by the laws OF nations as equal parties to
q civil war were extended to them"
Strict adherence TO the rule Of public
policy has been one OF the highest honors
of American Craftsmanship and has Sc
cured to this government the confidence
Of the feeble powers of this CONT.
nent and which inclines them TO rely
npon its friendship in the absence Of all
signs OF conquest and to look to the
United States for example and moral
protection. 1t has given to this govern
~nent n portion of prominence and influ
ence which it should not abdicate, 5ut
which imposes upon it most delicate
duties Of right and lonor regarding
American questions, whether those ques-
tions affect emancipated colonies or
colonies still subject to European domin-
ion. The question Of belligerency is
one of fact, not to be decided by sympa
thies for. or prejudice against either
party. The relations between a State
and insurgents against it must amount
in fact to war in sense OF international
law. Fighting, though fierce and pro-
tracted, does not alone constitute war.
There must he military forces acting in
accordance with the rules and customs
of war, flags of truce, cartels of exchange
of prise ncrs, &C., &c. And to justify
recognition of belligerency there must be
above al, a de tdcto political organization
Of the insurgents sufficient in character
and resources to constitute, II left To
itself, State among nations, capable Of
dscharging the duties Of a State and OF
meeting the just responsibilities it may
incur rs such toward other powers III
the discharge of its national duties
Applying the best information which !
have been able to gather, whether from
official or unofficial sources, including
the very exaggerated statements which
each party gives to all that may pre-
judice the opposite or give credit TO its
own side of the question, am unable to
see, in the present condition of the con
test 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 establish
el seat of government-they have no
prize court-no organization for the re-
ceiving or collecting of revenue-no
seaport to which prize may be carried
or through which access can be had by
foreign power to the limited interior
of territory and existence of a Legsla-
ture representing the fortresses which
they occupy. Then any popular con-
stituency is more than doubtful. In the
uncertainty that hangs around the entire
insurrection there is no probable evidence
of an election of any delegated authority
of any government outside the limits of
the camp occupied from day to day by
the moving companies OF insurgent
troops. There is nc commerce, no trade,
either internal or foreign; no manutac-
lures. The late commandments of
the insurgents having recently come to
the United State publicly declared that
sail commercial intercourse or trade
with the exterior world has been utterly
cut off "-and he further added : "Io-
day we lave not 10000 stand OF arms
in Cuba" 1t is well established prin-
ciple of public law that recog' ition by
foreign state of belligcrent rights of
insurgents under circumstances such as
now exist in Cuba, if not justified by
necessity, is gratuitous demonstration
of moral support 10 the rebellion. such
necessity may yet hereafter arise, but 1t
has not vet arisen, nor is its probability
clear to be seen. II it he war between
Spain and Cuba and Cuba be recognized,
it is our duty to provide foc the conse-
ouences which may ensuc in the embar-
rasment of our commerce and interfer-
ence with our revenue. If belligerency
be recognized the commercial marine OF
the United States becomes liable to
search and to seizure by the commission
ell cruisers of both parties. They
become subject to the adjudication OF
prize courts. Our large coastwise trade,
between the Atlantic and the Gulf States,
and between both and the lsthmus OF
Panama and the States of South
America, engaging the larger part of
our commercial marine, passes, OF ne.
cessity, almost in sight of the island of
Cuba. Under the treaty with Spain OF
1875. as we'll as by the laws of nations,
our vessels will be liable to visits OH the
high seas. In case of belligerency, the
CARRYING of contraband, which now is
lawful, becomes liable to the risks of
seizure and condemnation. The parent
government becomes relieved from
responsibility for acts done in the insur-
gent territory, and acquires the right
to exercise towards neutral commerce all
the powers of party to maritime war.
To what consequences the exercise OF
those powers may lead is question
which desire to commend to the serious
consideration of Congress. ln view OF
the gravity of this question l have
| daon,ad - ~ dutv tO invite the atten-