The New York herald., 1870-01-12

Omitted States % recognize Cuba AZ an indepen
government entitled ~ admlsa0n into The fanny 0i
nanons or. wlthou. recognizing Its Independence,
70 und thai an organized government, capable of
carrying on war and 10 be held Responsible 10 otaer
nations lor the manner IN which Al carries II on
exsts In tnat Island 1t VIII be the duty OF that
partment To declare and act upon those facts; but
before Buch stale or things Is found TO exist 1t s
nv. , ~ Wy opnlon' competent ior court 70 uDder-
Jake W settle those questions.
Tne JUDICIAL tribunals must follow and conform TO
ne p0ilticai action OF the government IN regard 70
sne existence Oh foreign States and our relations 70
Aeu; and 1t would, ia my opinion, be iHconsistcnt
win the honor and dignity Of the United states W
submit 70 u court, ana allow 10 DC decialea anu
acted upon IN such an indirect manner rights anu
duties toward q foreign nation which tue govern
nent 10 not prepared distinctly ana upon III own
responsibility TO avow and maintain, -.
II has been brought TO my notice, as to yours, by
persons who profess TO rsfsessat Lhe ypbaE lnsaF.
gents, that lfbes have already been filed IN the
c0urtS Of the United States, under the statute VI
1878, to procure the condemnation OF vessels, the
ground That they were being lifted out and armed
scoony. district or people namely, the ..colony,
distrlct or people" Of Cuba, with intent 70 cruise
and commit hostilnies against the subjects
peace; and IT IS urged that this involves
what Ii claimed to be the converse 0f the PROPOSE
ton that, as we assert III those lbcs that Cuba is
'coony, district or people,, capable or c0mmitting
hOsulies against spain, the law equally appcs "
An armament procured or ntted out NY SPAN for tho
purpose OF AOstities against Cuba aud tnat the exc
chtivc government b, hing those llDes, has virtually
recognized the colony dstrlct or people, OF cuoa ~
TINS argument seems to me to involve an errone-
ous legal notion. ana be based upon the idea at
me statute OF HiS being an act to protect and en-
force the neutrality laws OF the United btates, can.
not be applied except where there are independents
parties to contest entitled. 10 equal rights But
thus l think, IL an opinion wholly unsound un- un
oouDtcdly the ordinary application OF the
statute " TO cases where the United States
intends 70 maintain It's neutrality In wars be.
tween Two other nations or where both parties to
contest have been recognized as belgercnis that Is,
~ having sufficiently organized poiLcal existence
not confined In It's termsr nor as 1t seems 10 me, III
AZ scope aud proper effect, to such cases. Under 1t
any persons who are insurgents. or engaged Iii what
would De regarded under our law as ievylng war
against the sovereign power OF the nation, however
lew m number, and occupying however small ter
rtory, might procure the fitting ous ana arrning OF
vessets with intent W cruise or commit hosLliies
against nation With which we were at peace, and
Mith lntem that they should be employed IN the
vice VI . c0lOny, district or peopie not waglng .
recognized war. 1hc statute would apply TO the
case Of an armament prepared IN anticipation OF
MsufTecti0n or revolt In some district or COLONY
which u was intended 70 excite aud before any hos
u1tles existed.
But, on the other hand. when nation with which
we are at peace, or the recognized government
thereof, undertakes to procure armed vessels for the
purpose OF enforcing ta own recognized au thority
within ITS own dolnnons although there may be
evidence satisfactory TO show that They wili au the
governments III the suppression Oi insurrectlon
Deon, III legal view thls does not involve design
10 commit nostiitieS against any body. II the illicit
diBters VI any section OF the UniLed States combine
together TO resist by force the collection ul the
uuc, ouu dEu GucilscIHeS purpose, Win The
intent 10 set aJ defiance permanently and BY force
tne laws OF the United States, tney may be levying
war against the governments; but when the govern
men sendS1ts officers to dlsperse arrest the oteuu
ers, although 1t may find 1t necessary to employ mlli
ary iorce III ala OF its authority " certainly cannot
be considered a5 committing hostilit,cs against the
territory over which such operations extend
The question oil bclligerency between organized
communities Is question OI fact aud may pe one OF
t0e giaveSt facts upon which nation called 10
decide and at. The concession oil Dcl2erent riga $
70 colony, district or people" IN state Of lnsur
rection or revolution necessarily Involves serious
restrictions upon the ordinary rights OF the people
OI IhB country 10 carry on branches OF manufacture
ana trade which are unrestricted IN time OF peace
10 prevent our mechanics aud merchants from build
ing ships OF war and selling them In the markets OF
inc world Is an interference with their private rights
which can only be Justiiled on the ground of para
mount duty IN our international relations; and how
ever mucn We may sympathse with the efforts or
any p0rn0n OF the peopie Of another country to
resist what they consider oppression to achieve
independence, our duties are necessarily dependent
upon the aciuai progress which thcy have made In
reaching these Obecls.
This subject Us you are well aware, is one TO which
long ana careful consideration has been applied and
Iho result which 1 nave thus briefly slatea, and
winch might receive much fuller statement and
1ilustraton, is that upon which the admnist
have acted. trust that 1 have maze my view OF
the law intelgible, anu have the honor to be very
Respectfully, II. IL ltOAR, Attorney General
bon. HAMILTON FISH, Secretary OF State.