The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-18

ton of its relations to the parties thereto.
But this conflict must DE one which will be
recognized i'll the sense of international law
| as beiligerence, too, is a fact the mere ex-
pense of contending armed bodies and their
occasional conflicts do not constitute war in
| the sense referred TO. Applying the existing
| condition of affairs in Cuba, the tests recog-
nized by publicists and writer's in inter
national law, and which have been observed
by nations of dignity, honesty and power.
| when free from sensitive, selfish unworthy
| motives, | fail to find in the instruction the
| existence of such substantial political or
| ganization, real, palpable and manifest in the
| world, having the forms and capable OF the
ordinary functions Of government toward
| its own people, and to other States, with the
courts for the administration of justice, with
a local habitation possessing such organiza-
| ton of force, such material, such occupa-
| ton of territory, as to take the control out OF
| the category of u mere rebcllous insurrec-
| ton or occasional skirmishes, and place it on
! the terrible footing of war, which recOgni-
| ton of belligerencv would aim to elevate it.
| The contest, moreover, is solely on land; the
| insurrection has not possessed itself of q sim
gle SEAPORT, whence il may send forth its flag
nor has it any means ct standardization with
foreign powers except through the militar,
| lines OF us anniversaries; no apprehension OF
I any of those sudden and difficult complica-
| tons which war upon the ocean is apt ~
| precipitate upon the vpesele both commercial
| of other powers, calls for the definition of
their relations to the parties to the contest
considered as question of expedieney. ]
regard the accordance of belligerent rights
| still to be as unwise and premature, as re-
4 gard it to be at present indispensable as q
measure of right. Such recognition entails
upon the country according 10 the rights which
flow from it, difficult aud complicated duties,
and requires the notion from the contending
parties, of the strict observance Of their rights
| and obligation. 1t confers the right OF search
upon the high seas ny vessels of both parties.
! It would subject the carrying of arms and
ammunition of war, which now may be trars.
| ported freely aud without interruption Ii The
vessels Of the United states, to detention and
| to possible seizures. 1t would give rise to
countless vexatious questions, would release
the present government from responsibility
| for acts done by the insurgents, and would
| invest Spain with the right to exercise the SUI
| pervision recognized ~ DIR treaty oi i755
p, over our commerce on the high seas, a very
| large part of which in its traffic between the
| Atlantic and Gulf States and the States upon
the Pacific, passes through the waters which
| wash the shores os tuba. TIE exercise OF
| this supposition could scarce fail to lead, if
not to abuses, certainly to collisions perilous
\ to the peaceful relations of the two states.
| There can be little doubt to what result such
suspervisio would before long draw this ma
ton. 1t would be unworthy of the United
States to inaugurate the possibilities of such
! a result by measures of questionable right, OF
especially by any discretion.
| Apart from any question of theoretical
right am satisfied that while tie accordai5te
of beiiigerent rights 10 the Insurgents in Cuba
might give them a hope and inducement to
protract the struggle, it would be but a de-
lusive hope and would not remove the evils
which this government and its people are
experiencing but would draw the United
States into complications which it has waited
long and already suffered much to avoid.
| The recognition of the independence or bel
| ligerency being thus in my Judgment equally
inadmissable it remains to consider what
course shall be adopted should the conflict
not soon be Brought tn an end byacts OF the par
ties themselves. and should the evils which
result therefron,, affecting all nations and
particularly the United States continue, in
such event l am of the opinion that other
nations will be compelled to assume the re-
sponsibility which devolves upon them and
to seriously consider the only remaining
measures possible, mediation and interven-
ton. Owing, perhaps, to the large expanse
of water separating the island from the pen
| insula, the want of harmony and of personal
sympathy between the inhabitants of the
colony and those sent thither TO rule them
| and want of adaptation of the ancient colon
ial system of Europe to the present times ano
the ideas which the events Of the past CEN
fury have developed, the contending parties
appear to have within themselves no deposit
dom when passion and excitement have their
sway, and to assume tie part OF peaee-maker
in this view il the early days of the contest
the good offices of the United States as me-
dator were rendered in good faith without
selfish purposes in the interest of summary
peace and in sincere friendship for both par
ties, but were at the time declined by Spain.
With the declaration, nevertheless that at
future time they would be indispensable, no
intimation has been received that in the
And yet the strife continues, with its dread
horrors and all its injuries to the interest of
the United States and of other nations. Each
party seems quite capable to working grea
injury and damage to the other, as well as to
all the relations and interests which depends
on the existence of peace in the island, but
they seem incapable in reaching adjustment,
and they have thus failed of achieving any
success whereby one party shall possess and
control the island to the exclusion of the
other. These circumstances, the agency of
others, either by mediation or by interven-
ton, seems to be the only alternative, which
must sooner or later be invoked, for the ter
minatiOn of the strife. At the same time,
while impressed, do not recommend the
adoption of any measure of Intervention.
shall be ready at all times, and as equal
friend of both parties, to respond to suggeS-
ton that the good offices of the United States
will be accountable to aid in bringing about
peace honorable To both. 1t is due to
Spain, SO far as this government is concerned
that the agency of third power, which has
been ayerted, shall be adopted only last
eXpedient. Had it been the desire of the
United States to Interfere in the affairs of
Cuba, repeating opportunities for so doing
have been presented within the last few
years, but we have remained passive and
have performed our whole duty and all i'll
| ternational obligations to Spain with friendly
fairness and fidelity, and with a spirit of
patience and forbearance, which negatives
every possible suggestion of Il desire to inter
| fere to add to the difficulties with which
she has been surrounded. The government
of Spain has recently submitted to our Minis
ter at Madrid certain proposals which it is
thought may be found to be the basis, if not
the actual submission of terms to meet the
requirements of the particular griefs of which
this government felt itself entitled to com
| plain. These proposals have not vet reached
me in their full text. On their arrival, they
Will be taken into careful examination, and
may, hope, lead to satisfactory ad justment
of the questions to which they refer, and re-
move the possibility of future occurrences,
such as have given arise to our just com
plants. 1t is understood, also, that renewed
efforts are being made to introduce reforms
in the administration of the island. Per-
suaded, however, that proper regard for the
interests of the United States and of its
citizens, entitLe to relief from the strain to
which il has been subjected by the difficult
ties of the questions and the wrongs and
losses which arise from the contest in Cuba,
and that the interests of humanity itself
demand the cessation of the strife before
the whole island shall be laid waste, and
larger sacrifices Of life be made shall feel
it my duty, should my hopes of satsfac-
tory adjustment, and of the early restoration
of peace, and the removal of future causes
of complaint be unhappily disappointed, to
make further communication to congress at
some period not far remote and during the
present session, recommending what may
then seem to me to hc necessary.
The free zone, called several years since,
established by the Mexican Government in
certain of the State OF that Republic dja-
cent to frontier, remains in full opera
ton. 1t has always been injurious to honest
traffic, for it operates incentive to
traders in Mexico To supply without Gus
toms charges the wants of the inhabitants
on this side of the line, and prevents the
same wants from being supplied by the mer-