The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-06-14

must be, above all, a de fdcto political organization
of the insurgents, sufficient in character and re-
sources to constitute tiff left TO itselfa State
among nations, capable of dlscharging the duties
of State and of meeting the just It
may incur as such toward other Powers in the dis
charge of its national duties
Applying the best information which l have
Official sources, including the very exaggerated
statements which each party gives to all that may
prejudice the opposite or give credit to its own
present 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; have no established seat of
government; they have no prize courts; no organi-
Zation for the receiving or collecting of revenue;
no seaport to which a prize may be carried or
through which access can be had by a foreign
power to the limited interior territory and noun
tain fortresses which they occupy.
= The existence of a legislature representing any
popular constituency is more than doubtful. In
the uncertainty that hangs around the entire in
surrecton there is no probable evidence of cleo
tion of any delegated authority or of any govern
ment outside the limits of the camps occupied from
day to day by the moving companies of insurgent
troops. There is no commerce, no trade, either
internal or foreign, no manufactures
The late commander-in-ch chief of the insurgents
having recently come to the United States, pub
licly declared that call commercial intercourse or
trade with the exterior world has been utterly cut
off," and he further added: "To-day we have not
ten thousand arms in Cuba" 1t is a wel-estab-
lished principle of public law that recognition by
a foreign State of belgerent rights to insurgents,
under circumstances such as now exist in Cuba if
not justified by. necessity. is a gratuitous demon
stration of moral support to the rebellion.
Such necessity may yet hereafter arise but 1t has
not yet arisen, is 1t probably clearly to be
If it he war between Spain and Cuba, and be re-
cogniZed, it is our duty to provide for the conse
quences which may ensue in the embarrassment to
nue.. If belligerency be recognized, the CONNER
cial marine of the United States becomes liable to
search and to seizure by the commissioned cruisers
of both partes they become subject to the adjudi-
cation of prize courts.
Our large coastwise trade between the Atlantic
and the Gulf States, and between both the isthmus
of Panama and the States of South America,
gaging the larger part of our commercial marine,
passes of necessity almost in sight of tho island of
Cuba Under the treaty made with Spain, of 1895,
as we'll as by the laws of nations, our vessels
will be liable to visit on the high seas. In case
of belligerency, the carrying of contraband which
is lawful, becomes liable to the risks of seizure
and condemnation. The parent government be-
relieved from responsibility for acts done in
the insurgent territory, and acquires the right to
exercise toward neutral commerce all the powers
of party to maritime war. To what conse-
quences the exercise of these powers may lead is a
question which desire to commend to the serious
consideration of Congress
In view of the gravity of this question, have
deemed it my duty to invite the attention of the
war-makiDg powers of the country to all the re-
ations and bearings of the question in connection
with the declaration of neutrality and granting OF
belligerent rights. There is not de fdcO govern
ment in the island of Cuba sufficient to execute law
and TO maintain just relations with other nations
Spain has not been able to suppress the opposition
to Spanish rule on the island, nor to award speedy
Justice to other nations citizens of other nations
when their rights have been involved.
There are serious complications growing out of
the seizure OF American vessels upon the ngh seas,
executing American citizens without proper trial
and contiscating or embargoing the property OF
American citizens. Solemn protests have been
made against every infracton of the rights either
of individual citizens of the United States of the
rights of flag upon the high seas and all proper
steps have been taken and being pressed for the
proper reparaton of every indignity complained of
The question of belligerency, however, which is
to be decided upon definite principles and accord
ing to ascertaned facts, is entirely different from
and unconnected with the other questions, with the
manner in which the strife is carried on both
sides, and the treatment of citizens entitle to
protection. The questions concern OWE
dignity and responsibility, and they have beer
made, as have said, the subject of repeated COM
mupcations with Spain, and of protests and de-
mands for redress on our part. 1t is hoped that
these will not be disregarded; but should they be
these questions will be made the subject of fur
ther communication to Congress.
u. s. GRANT,
Executive Mansion, June 13, 1870.