The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1875-12-10

establish the condition Of things. Es-
sential to the recognition of this fact
there must he a people occupying
known territory, united under some
known and defined form of govern
ment, acknowledged by those subject
thereto,jn which the functions Of gov
ernment are administered by the usual
methods competent TO mete out justice
TO citizens and strangers, TO afford REM
elies for public and for private wrongs,
and able TO assume their relative inter
national obligations, and capable OF
performing the corresponding interna-
tional duties resulting from the acquI-
sitiOn OF the rights Of sovereignty. y
power should exist complete i'm the or
ganization ready to take and able to
maintain its place among the nations
of the earth. While conscious that
the ii,surrecIiOE in Cuba has shown a
strength and endurance which make 1t
at least doubtful whether il be in the
power of Spain to subdue il, ii seems
unquestiOnable that no such civil Of
ganiZation exists which may be recog-
mized as an independent government
capable of performing its obligations
and entitled to be treated as one of the
powers of the earth. y recognition
under such circumstances would be in
consistent with the facts, and would
compel the power to give it soon 20
support by force the Government to
which it had given its only real claim
Of existence. In my judgment, the
United States should adhere to the pol
icy and the principles which have
heretofore been its sure and safe guides
in like contests between revolted colo
nies and their mother country, and
acting only upon the clearest evidence,
should avoid any probability of suspic-
ion of imputatiOn, recognition of the
independence of Cuba being in my
opinion impracticable and indefenci-
BILE.
The question which next presents
itself is that of the recognition of bill
ligerent rights in the parties to the
contests. In former message to Con-
gress / had occG on to consider this
question, and reached the conclusion
That the conflict in Cuba, dreadful and
devastating as were its incidents, did
not rise to the fearful dignity of war.
Regarding ii now, after this lapse Of
time, i am unable to see that any nota-
ble success of any marked or real ad-
vance on the part of the Insurgents has
essentially changed the character of
the contest. 1t has acquired greater
age but not greater nor more formida-
BILE proportions. Ii is possible that the
acts of foreign powers, and even the
acts of Spain herself of this very ma
ture, might be pointed to in defence of
this, but now, as in its 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 in her rigid
enforcement of the rule that has been
its guard, and doing that which is right
and honest and of good report. The
question of according or Withholding
the rights of beligerency must be
Judged in every case in view of the
particular attending facts. Unless Just
flied by necessity Ii is always just
ly regarded as an unfriendly act,
and a gratuitous demonstration of
moral support to the rebellion. 1t is
necessary, andit is required, when the
interests and right of another govern
ment or of its people are so far affected
by pending civil conflict as to re-
quire an explanation of its relations to
the parties thereto; but this conflict
must be one which will be recognized in
the sense of international law as war:
The mere existence of cGntending arm
ed bodies and their occasional conflicts
do not constitute war in the sense re-
ferred to. Applying to the existing
condition of affairs in Cuba the tests
recognized by publicists and writers on
international law, and which have
been observed by nations of dignity,
honesty and power, when free from
sensitive or selfish and unworthy mo-
tiTes, fail to find in the instruction
the existence of such a substatial rOlit-
ical organization, real paipable and
manifest to the world, having the
forms and capable of the ordinary
functions of governments toward its
own people, and the other states, with
courts for the administration of justice,
with a local habi:ation, possessing such
organization Of forces and material,
such occupation of territory, as to take
the contest out of the category of a
mere rebellious insurrection or Gcca-
sional skirmishes, and place it on the
terrible footing Of war, to which a re-
cogniti0n OF beiligerency would aim to
elevate it. The contest, moreover, is
solely on land. The insgrrection has
not possessed itself of a siugia seaport
whence il may send forth its flag; nor
has it any means of communication
with foreign powers, except through
the military lines of its adycFsaries.
No apprehension of any of those sud-
den and difficult complications which
a war upon the ocean is apt to precipi-
tate upon the vessels, both CONNER
cial and national, and upon the consul
lar officers of other powers, calls for the
definition of their relations = the
parties to the contest. Considered as
question of eXpediency. ] regard the
accordance of belligerent rights still to
be unwise and premature as / regard it
to be at present indefensitle as meas
of right. Such recognition entails up
on the country according to the rights
which fiow from it, difficult and COM
plicated duties, and requires the action
from the contending parties of the
strict observance of their rig:l:g and
obligations. 1t confers the right OF
search upon the high se9s hv vessels of
both parties. IT wniii;i s,,: -. The
carrying of guns anu ammunition Of
war, which may noN he transported
freely and without interruption in the
:
ton and possible sei1Irc. 1t would
give rise TO countless veXatiols cues
tions, would release the parent Gov
ernment from responsibility for acts
done by the insurgents, and would in
vest Spain with the right to exercise
TIE supervision recognized by our
treaty of l7J5 over our commerce on
the high seas, very large part of
which, ir its traffic between the At
lantic end Gulf States, and between
all of them and the States upon the
Pacific, passes through the waters
which wash the shores of Cuba. The
exercise of this suppOsition could
scarce fail TO lead, if not TO abuses,
certainly TO collisions peEilous to the
peaceful relations Of the two States.
There can be little donbt TO what re-
suit such supervision would before long
draw this nation. 1t would be un-
worthy of the United States to inaugu-
rate the possibilities of such result by
measures CT unCuestionable right or
or by any indirection.
From any questions of theoretical tight
| am satisfied that while the accord
ance of beiiigerelt rights to the insur-
gents in Cuba, might give them hope
and inducement TO prOtract the s.rug-
gle, it would be but a delusive hope,
and would not remove the evils which
this government and its people are ex-
but would draw the United |
States into complications which it has |
watched long, and aireaSy suffered to
avoid.
The recOg milton CT tine independence |
DR. of belligerency being thus, in my |
equally unadmissible, it re-
mains TO consider hat course shall be
Should the conflict not soon
be brought to an end by acts of the par
lies themselves, and should the evils /
which result therefrom, affecting all
nations and particularly the United |