The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-12-08

strangers, to afford remedies for public and
for private wrongs, and able to assume
international obligations, and
capable of performing the corresponding |
duties resulting from ITS ac-
QUESTION of the rights Of sovereignty. A
power should exist complete In its organ
ization ready to take and able to maintain
its place among the nations of the earth.
While conscious that the insurrection in
Cuba has shown strength and endurance
which make II. at least, doubtful whether
ii be in the power of Spain TO subdue 1t, 1t
seems unquestionable that no such civil or
ganization exists which may be recognized
as an independent government capable OF
performing Its international obligations, and
entitled to be treated 40 one of the powers
of the EARTH Recognition under such cir
cumstances would be inconsistent with the
facts and would compel the power grant
ing it soon to support by force the govern
ment to which 1t had really given its only
real claim of existence. In my judgment,
the United States should adhere to the pol
icy and the principles which have hereto
fore been its sure and safe guides in like
contests between revolted colonies and their
mother country, and acting only upon the
clearest evidence should avoid any posi-
bility of suspicion or OF imputation.
BELLIGERENT RIGHTS
A recognition of the independence of
Cuba being, In my opinion, impracticable
and indefensible, the question which next
presents itself is that of the recognition of
bellgerent rights in the parties to the con-
test. In former message to congress, /
had occasion to consider this question, and
reached the conclusion that the conflict In
Cuba, dreadful and disastrous as were its
incidents, did not rise to the fearful dgni-
ty of war. Regarding it now after this
lapse of time, ! am unable to see that any
notable success or any marked or real adj
vance on the part of the insurgents has es-
sentially changed the character of the con-
test. 1t has acquired greater age, but
not greater or more formidable proper
tions. II is possible that the acts Of
| foreign powers, and even the acts of
| Spain herself, of this very nature might be
] pointed to in defence of such recognition.
| But now, as it its past history, the United
States should carefully avoid false lights
which might lead it into maZes of doubtful
law, and of questionable propriety, and ad-
here rigidly and sternly to the rule which
has been It's guide, and doing only that
which is right and honest and of good re-
port. The question of according or OF
Withholding rights of belligerency must be
| Judged and in every case in view of the
particular attending facts Unless justified
by necessity it is always, and justly, re-
garded as an unfriendly act, and gratuit-
GUS demonstration of moral support tc
rebellion. 1t is necessary, and it is re,
quired, when the interests and rights Of
another government, or of Its people, are
so far affected by pending civil conflict
| InG, &c tie x1a
tions to the parties thereto. Blu
this conflict must he one which will h
recognized in the sense of international law
as war. Belligerency, too, is fact Nov
the existence of conteuding armed bodie,
and their occasional conflicts do not con
stitute war in the sense referred to. APP
plying to the existing condition of affair'
in Cuba the tests recognized by publicist
and writers on international law, ant
which have been observed by nations o
dignity, honesty and power, when FIRE
from sensitive or selfish and unworthy mo
tives, fail to find in the insurrection tn
existence of such substantial political OF
ganization, real, palpable and manifest t
the world, having the forms and capable O
, the ordinary functions of government
, towards its own people and to other states
with courts for the administration of jus
tice, with local habitation, possessing sue
organization of force, such material, sue
occupation of territory as to tax
, the contest out of the categor
of mere rebcllious instruction
= or occasional skirmishes, and place it o
the terrible footing of war to which recol
Q milton of the bellIgerenSs would aim I
elevate it. The contest, moreover, is solel
s on land. The instruction has not POI
y sessed itself of single seaport whence
: may send forth its flag, nor Las it an
: means of communication with forclg
: pc wers, except through the military linz
of It's adversaries. No apprehension {
any of those sudden and difficult complies
e tions which war upon the ocean is apt
Q precipitate upon vessels, both commerci
r and national, and upon the consular office
1 of other powers. cause for the definition
( their relations to the parties to the contes
, | Considered as question of expediency,
y regard the accordance of bell!gerent RICH
: still to be as unwise and premature as
e regard it to be, at present, i
: defensiblc as measure of RICH
C Such recognition entails upon the cou
) try, according the rights which flo
l. from it, difficult and complicated dutie
c and requires the action from contendiI
: parties of strict observance of their RICH
C and obligations. 1t confers the right
i search upon the high seas by vessels
&c both parties it would subject carrying
It arms and ammunition of war, which no
Is may be transferred freely and without |
n terruption in the vessels of the Unit
e States, to detention and to possible seizur
Il it would give rise to countless yexatio
n questions would release the parent &c
> eminent from responsibility for acts do
"a by the insurgents, and would invest Spa
e. with the right to exercise the supervise
D. recognized by our treaty of 1905, over o
ID commerce on the high seas, very lar
le part of which, in its traffic between the
h lantc and gulf states and between all
n them and states upon the Pacific, pass
lie through the waters which WISH the shOI
ie of Cuba.
n The exercise OF this opposition ccr
n scarce fail to lead, if not to abuses, certai
ir ly to collisions perilous to the peaceful
u lations of the two states. There can be
in tie doubt to what such supervision wou
er before long, draw this nation. 1t would
ty unworthy of the United States to inaugl
H. ate the possibilities of such result
n measures of questionable right or expedit
be cy, or by any discretion apart from a
IN question of theoretical right. / am sat
bt uGu tuhl WhiiO thC dSCOiuhhtC VI DChlS
I'd ent rights to the insurgents in Cuba mii
SO give them hope and inIucement to protr,
,g the struggle, it would be but delus
be hope and, would not remove the ey
IT. which this government and its people
of experiencing, but would draw the Uni
e. States into complications which it
ca waited long, and already suffered mt
BY to avoid.
ne The recognition of independence or
On belligerency being thus, in my judgme
es equally inadmssable, it remains to consi'
CHI what. course shall be adopted should {
ITS conflict not soon be brought to an end
Ct the acts of the parties themselves, Q
us should the evils which result therefro
ed affecting all nations and particularly
e. United States. continue. In such an ev,
of | am of the opinion that other nations v
ne be compelled to assume the responsible
e, which devolves upon them, and to serio
ID, ly consider the only remaining measu
l ,.tt md int