The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-12-08
NO. 14O.

/ ganization rs constitute in fact BODY
/ polite, having government in substance
as well as in name, possessed Of elements
OF stability and equipped with the ma
ehinery for the administration of inter
nal policy and the execution Of its laws
and prepared and able to admins
ter justice ut home as well
as its dealings with other
/ powers, it is within the province OF
! those other powers to recognize its exis-
tence Is a new and independent nation.
In such cases other nations simply deal
recognize as one of the powers OF the earth,
with an actual condition of things, and
that body polite, which, possessing the
new power; in a word, the creation Of
new State is fact to establish this condi-
tion Of things essentially.
While conscious that the lnsurrectiou
in Cuba has shown strength and en-
durance which makes it at least doubtful
whether it be in the power of Spain to
subdue it, it seems unquestionable that no
such civil organization exists which may
be recognized as an independent gov
ernment, capable of performing
its obligations and entitled t.
be treated rs one of the powers
of the earth. Recognition under
such circumstances would be inconsist-
ent with the facts and would compel the
powers to support by force, the govern
ment to which it had really given its
| only real claim of existence. In my
judgment the United States should sd-
here to the policy ard the privileges
which have heretofore been its sure and
safe guides in like contests between the
revolted colonies and their mother coun-
try, and acting only upon the clearest
evidence, should avoid any possibility Of
suspicion or imputation, recognition O!
the independence of Cuba being, in my
opinion, impracticable and indetensiblc.
Recognition Of BeIIiscrent Rights.
The question which next present, itself
is that Of the recognition o! belllgernt
rights of the parties in the contest.
In former message to Congress | had
occasion to consider this question and
reached the conclusion that the conflict ia
Cuba, dreadful as were its incidents, did
not rise to the fearful dignity of WAT.
Regarding it now, after this lapse of
time, am unable TO see any notable sue.
cess or that any marked or real advance
on the part of the insurgent,
has essentially changed the character oi
the conflict. 1t has acquired greater age
but not greater nor more tormllable pro
portions.
1t was possible that ths acts OF foreign
powers and even tbs acts OF Spain her
self of this natpfe might be point
ed to in defeise of this, but now,
as in its pst history, the United
states sbord carefully avoid the false
lights which might lead it into the mazes
of doubtful law and OF questionable pro-
priety, gnd persist in her rIgldeniorcencnt
Of tbs rule which has been her safe
puarG and in doing which she d'es
what is right and honest
and of good report The question OF ac,
cording or Withholding the rights OF
beiligerency must be judged on every
case in view of the particulars attending
the faoto.
Unless justified by necessity, il is al
ways Justly regarded as an unfriendly
act and gratuitous demonstration of
moral support to the rebellion, and it Is
required To have the interests and rights
Of another government, or of its
people so far affected by
pending conflict "a to demand it;
butthis conflict must be one which Will be-
recognized in the sense of international
law as war bclligcrcnts, too. 1t Is fact
the mere existence Of armed bodies and
their occasional conflicts do not consti-
tute war IN the sense referred to. In APP
plying to the condition of affairs in Cuba
the tests recognized by publiclsts and
writer's on international law, and
which have been observed 10y
nations of dignity, honesty and power
when free from sensitive or selfish and
unworthy motives, fail to find IN the
insurrcrtIon, the existence of such sub.
stantial political organization rs would
be really palpable and manifest To the
world. having the forms and being capa-
able of tho ordinary functions Of govern
ment towards its own people, and TO th"
other States. with Courts fo- the admins
tration of Justice; with a local habltation
possessing such an organization of forces
and material, with the occupation Of the
territory, as 10 take the contest out ot
the category OF mere rebellIou'
insurrcctIun or occasional skir-
mishes. and place it on Tia"
terrible footiag of war, to which rccog-
milton of bclhgercncy would aim to "ic-
vate il. The contest, moreover Is solely
on land. The insurrcction has not
possessed itself OF Il single sea port from
whence it may send forth its flag, nor has
il any means of communication with
foreign powers, except through the mill.
tary lines of its advcrsarics. NO apprc-
tensions of any of those sudden comphcH-
tions which a war upon the ocean Is
apt to precipitate upon the vessels, both
commercial ana National, aud upon tho
consular officers of other powers calls for
the definition of the relations OF the par
ties 10 this contest. Considered ~
question Of cxprdicncy, regard the Nc.
cordance of bcIhgercnt rights still to b"
as unwise and premature as ! regard 1t
to be Mt present indcfensible as a me"sur"
of right. Such recognition entails upon
the country accorIinglt, the rgh's which
how from ITS difficult and complicated
duties. hlll Iflhil'5 NlA' h'N'N'' ''''''
contcnding parties Of the strict obser-
vance Of their rights and obligations. It
confers the right Of search
upon the high seas by vessels Of
both parties: It would subject
the carrying Of guns and ammunition of
War. winch now may be transported
freely and without interruption IN tn"
vessel, of the United States to detention
and possibly seizure. II would give rise
TO countless ve1atlous question:, would
release the parent Government from re-
sponsibihty for acts done by the ln'ur-
gents. and would invest SPAN with III"
right TO exercise the supervision r"coG-
nizcd by our treaty Of l'S5 over our
commerce on the high seas, II very larg"
part Of winch, in its traffic between the
Atlantic and Gulf States, and between
ALL of them and the States upon
-, Pacific masses through the