The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-12-10


sacrificed TO the tncendinry's torch.
In contests Of this nature, where
u considerable body Of people
who have attempted to free
themselves Of the control OF the SUI
perior government, have reached such
II point In occupation Of territory, In
power and In general organization ms
10 constitute, IN fact, II body polite,
having II government In substance as
well as IN Nance possessed Of The ele-
ments Of stability and equipped with
the machinery for the administration
Of internal policy aud the execution of
It's laws prepared and able 10 admin
lister justice AZ home as We'll as In It's
dealings with other powers, II IL with
In the province of those other powers
to recognize it, exist ence as newland
Independent nation, In such cases
other nations simply deal with an act.
ually existing condition OF things and
recognize Ms one Of the powers of the
earth that body polite which, possess
Ing the necessary elements, has, In
fact become anew power--in word,
! the creation of "a new State In fact.
| 10 establish the condition of things
essential the recognition of this fact
there must be II people occupying u
known territory; united under some
known and defined form of govern
ment, acknowledged by those subject
thereto; in which the functions OF
government are administered by usual
methods competent to mete out justice
TO citizens and strangers, TO afford
remedies for public and for private
wrongs, aud mule to assume the corre-
latlve international obligations, and
capable OF performing the correspond.
Ing International duties, resulting from
Its acquisition Of the rights Of sover-
eighty. A power should exist com
plete in its organization, ready to take,
aud able to maintain, n place among
the nations of the earth.
/ While conscious that the insurrec-
ton in Cuba has shown astrength aud
endurance which make it, ut best,
doubtful whether 1t he the power OF
Spain to subdue 1t, 1t seems unques-
tionable that no such civil organiza.
ton exists, which may he recognized
as an independent government, capa.
BILE Of performing its international Oh
| legations and entitled to be treated as
one of the powers Of the earth. A rec.
ignition under such circumstances
would bp inconsistent with the facts,
and would compel the power granting
II soon to support 10y force the govern.
ment TO which it had really given its
only claim OF existence. In my Iudg.
ment the United States should adhere
to the policy aud the principles which
have heretofore been its sure and
safe guide, in like contests between re.
volted colonies and their mother conn
try; and acting only upon the clearest
evidence, should avoid any possibility
of suspicion or of imputation.
a recognition Of the independence
of Cuba, being in my opinion imprac
ticahle aad indefensihle, the question
which next presents itself is that of
the recognition OF bellRerent rights in
the parties to the contest. In form.
en- message to Congress had occasion
to consider this question, and reached
the conclusion that the conflict in
Cuba, dreadful and devastating as
We're It's incidents, did not rise to the
fearful dignity OF war Regarding ii
now, after this lapse of time, am I'M
able to see that any notable success or
any marked or real advance on the
part of the insurgents has essentially
changed the character of the contest.
II has acquired greater age but not
greater or more formidable pro-
portions. 1t is possible that the acts Of
foreign. powers, aud even acts of Spain
herself, OF this very nature, might be
pointed to in defense of such recogni-
ton, but now as in lis past history, the
United States should carefully avoid
the false lights, which might lead it
into the mazes of doubtful law and OF
questionable propriety, and adhere
rigidly and sternly to the rule which
has been its guide, doing only
that which is right and
honest aud OF good report.
The question Of ,oording. or of with
holding, right of belligerency, must be
Judged I'm every case, in view of the
particular attending facts; unless
justified by necessity, it is always and
justly regarded rs an unfriendly act
and gratuitOus demonstration Of moral
support to the rebellion. 1t is necessary
and it is required when the interest
and rights of another government or
of its people are so far affected by a
pending civil conflict, as to require a
definition Of its relation to the parties
thereto; but this conflict must be one
which will be recognized in the sense
Ofinternational law as war. Belliger-
ency, too, Is in fact the mere existence
of contending armed bodies, and their
occasional conflicts do not constitute
war in the sense referred to. Apply
ing to the existing condition of affairs
in Cuba the tests recognized by pub
licists and writers on international
law, and which have been observed
by nations of dignity, honesty and
power, when free from sensitive or sci.
fish and unworthy motives, | fail to
fine in the instruction the existence
of such u substantial political organiza-
ton, real, palpable and manifest to
the world, having the forms and cap
able of the ordinary functions of gov
eminent towards its own people and
to other States, with courts for the adj
ministration of justice with local
habitation, possessing such organiza-
ton of force, such material, such oc-
cupation of territory, as to take the
contest out of the category of mere
rebellious instruction or occasional
skmirshes, and place it on the terrible
footing of war, to which recognition
of belligerency would aim to elevate
1t. The contest, moreover, is solely on
land. The insurrection has not possess
ed itself of a single seaport, whence it
may send forth It's flag, nor has it any
means of communication with a
foreign power, except through the mill
tary lines of,its adversaries. No APP
prehension ofany ofthese sudden and