The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1875-12-16

COuSt - u tu0, buPeIAOI 0VNOiuuAous
have reached such point in the occu-
patton OF territory, in power and III
general organization as to constituts
in fact body polite. having - Gsv-
crnment in substance as we'll as in
name, possessed of the elements Of
stability, and equipped with the ma
chinery for the administration of it's
internal policy and the execution Of
its laws, and prepared and able to adj
minister justice at home as we'll as in
its dealings with other Powers, it is
within the province Of ether Powers
to recognize its existence as q now and
independent nation. In such cases
other nstions simply deal with Al &C
tually existing condition Of things, aud
recognize as one of tho Powers Of
earth that body polite which, possess
sing the necessary elements, has III
fact become . new Power. In werd,
the creation Of new State is first to
establish the condition OF things essen
tial 10 recsgnitiom OF this fact. There
must be people occupying known
territory, united under some known
and defined form of government, ac-
knowled9ed by those subject thereto,
in which tho functions Of government
are administeredb by the usual methods,
competent to meie out justice to oiti-
zens aud strangers, to afford remedies
for public aud for private wrongs. and
to assume the relative international
obligations, and capable Of perform
ing the corresponding international
duties resulting from its acquisition Of
the rights Of sovereignty aud Pswer
should exist, complete in its orgxniza-
tion, ready to take aud able to inain-
tain its place among the nations of the
earth. .,-,.,.-....-... sE lF~ -....
While conscious that the insurrec-
tion in Cuba has shewn . strength
and endurance which make it at least
doubtful whether it be i'm the power
Of Spain to sustain it, it seems anQues-
tionable that no such civil ergxniza-
ton exists which may be recognized
as an independent Government, capa-
BILE Of performing its obligations, and
entitled to be treated as enc, Of the
Powers of the earth. A recognition
under such circumstances would be
Inconsistent with the facts. and would
compel the Power to give it soon to
support by force the Government 10
which it had really given its only real
claim Of existence. In my Judgment
the United States should adhere to the
policy and the principles which have
heretofore been its sure and safe guides
in the contests betwe cen revolted Colo
nies and their mother country; and,
acting only upon the clearest evidence,
should avoid any popularity of the
suspicion Of interference. s.- -.st
A recognition of the independence
Of Cubs beiug in my opinion imprac-
ticable and indefensible, the question
which next presents itself is that OF
recognition of belligerent rights in tho
parties to the contests. .,.. -,.. g..
In a former message to Congress
had occasion to conaider this question
and reached the conclusion that the
conflict in Cuba, dreadful and fevas-
tating as were its incidents, did net
rise to the fearful dignity of war. Re
garainY it now after this lapse of time
l am unable 10 see that notable sue
cess or any marked or real advance on
the part OF the insurgents has essen
TALLY changed tho character of the con-
test. 1t has acquired greater age, but
not greater nor more formidable pro-
portions. 1t is possible that the acts
Of foreign powers-and even the acts
of Spain herself-0f this very nature
might be pointed to in defense Of this !;
but now, as in its past history, the
United States should carefully avsid
the false lights which might easily
lead it into the Mazes of doubtful law
and OF questionable prspriety, and IN
her rigid enforcement Of the rule that
has been its guide 10 doing that which
is right and honest and good. The
question OF according or Withholding
the rights of belligerency must be
judged in every case in view OF the
particular attending facts. Unless
justified by necessity, it is always jus
tly regarded as AL unfriendly act and a
gratuitous denomination Of moral
support to the rebellion. 1t is neces.
sary, and it is required. when the in
tereets and rights Of another govern
ment or its people arc SO far affected
by . pending civil conflict as to re-
quire . recognition Of it's relations to
the parties thereto bat this conflict
must be one which will be recognized
in the sense of international laws as
war. Belligerencs, too, is fact. The
mereexistence ccntendiny armed bod
les aud their occasional conflicts do
not constitute wsrin the sense referred
to. Applying to the existing csndi.
tisn Of affairs II Cuba, the tests recog
nized by publicists and writers on in
ternatieuai law, and which have beer
observed by nations of dignity, homes
~ and power, when free from sensi
tive or selfish aud unworthy motives
fail to find in the insurrection the ex
| istence of ouch q substantial politica
organization, real, palpable and mani
fest to the world, having the forms
and capable of, the ordinary function
Of government toward its own people
and to other states, with courts for tn
standardization of justice, with loca
kabitation, possessing such an organi
zstien Of forces and material, as t.
take the contest out of the category o
q mere rebellious insurrection or &C
casional skirmishes, and place 1t Of
the terrible footing OF war, 10 which
recognition Of belligerency would ain
to elevate it. .t .s-fsv
The contest, moreover, is solely OF
land the insurrection has not possess
ed itself of q single seaport whence
may send out flag, nor has it an
means Of communication with fOreig
powers, except through the militar,
lines Of its advsrsaries. No apprehesl
sion Of any Of those sudden and diff
cult complications which war upo
the ocean is apt to precipitste upon tn
vessels, both commercial and nationa
aud upon the consular officers OF thei
powers, calls for the definition of thei
relations to the parties to the contest
Considered as a question of eXped
ency, regard the accordance Of be
ligrerent rights still to be as unwis
aud premature as l regard it to be I
present indefensible. AS a measur
OF right such recognition entails upo
the country according the rights whic
flow from it difficult and complicate
duties, and requires the action froI
the contending parties of the strict el
} servanUe of their rights aud obiig'
tions. 1t osnfers the right of scare
: upon the high seas by vessels Of bot
, parties. 1t would subject the carr.
ing Of guns and ammunition Of wa
which new may be transported free