The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-12-10

meuts of stability and equipped with the
machinery far the administration of inter
nal policy and the execution of its laws,
and is prepared and able TO admins
ter justice AT home as well as in
il Is within the province of those
other powers to recognize ITS existence as
new and independent State. In such cases
other nations simply deal with an actually
existing condition Of things, and recognize
as one of the powers of each that body,
which, possessing the necessary elements,
has in fact become new power. In q
word, the creation of new State Is, III
fact, to establish the condition of things
essential to recognition. To establish this
fact there must be people occupying
a known territory united under some known
and defined form of government, acknOwl
edged by the subjects thereto, in which the
functions of government are administered
by the usual methods competent to mete
out Justice to citizens and strangers.
to afford remedies for public aud for pri-
vate wrongs, and able to assume the rea-
tive international obligations, and capable
Of performing the corresponding inter
national duties resulting from its
/ acquisitions of the rights OF
SOVEREIGNTY and power; which should exist
complete IL its organization, aEd ready 10
| take and able TO maintain ITS place among
I the Nations of the earth. While conscious
| that the instruction in Cuba has shown
strength and endurance which makes it at
least doubtful whether it is in the power of
Spain to subdue it. Ii seems unquestionable
that no such civil organization exists which
may be recognized an independent gov
lernment, capable of performing its obliga-
| \ ,n3.tloI IL
the powers of the earth. A recognition
under such circumstances would be
inconsistent with the facts, and would com.
pei the power to give support by force 10
the government to which it had really given
judgment The & fited Istkteg should adhere
to the policy and the principles which have
heretofore 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 sus-
picion of Improperly. 4 recognition of the
independence of Cuba. is, in. my opinion,
impracticable. The question which next
presents itself is that of the recognition oil
: belligerent rights in the parties to the con-
test. In q former message TO Congress |
had occasion to consider this question, and
reached the conclusion that the conflict in
Cuba, dreadful and devastating as were its
: events, did not raise lite the fearful dignity
of war. Regarding it now, after this lapse
of time. | cannot see that any notable
success or any marked or real advance or
the part of the insurgents has changed
the character of the contest. 1t has &C
quired greater age but not greater or more
formidable proportions. II is possible thai
the action of foreign powers, and even O
| Spain herself, of this very nature, might be
I pointed to in defence of such recognition
but now, as in its past history, the United
. States should carefully avoid all acts which
, might lead it into the mazes of doubtful
law aad questionable propriety, and adher,
rigidly and sternly TO the rule which ha.
been its guide, and doing only that which
is right and honest and of good report
The question of according or ofwithholding
rights of belligerency must be judged il
; every case in view of the particular attend
ing facts. Unless justified by. necessity j
{ is always justly regarded as an unfriendly
act and a gratuitous demonstration of mora
. support tothe rebellion to recognize the bel
81 ligefency of the insurgents. II is necessarr
: and it is required when the interests an,
rights ofanother government Or of its peopl,
, are so far affected by a pending civi
!, conflict as to require definition of its re
lation to the parties thereto, that this conflic
must nc OhC wen III tue sense U
' international law, as belligerency as t
:. fact. The mere existence of arme,
= bodies and their occasional conflicts d.
i not constitute law in the sense referred to
u Applying to the existing condition of affair
q In Cuba the tests recognized by pub
J licIsts and writers on international lay
and which have been observed BY nation
of dignity honesty and power, whe
free from sensitive, selfish or unworthy mo
a tive, fail to find in the Instruction the fac
t of there being kept up q substantial po,itics
n organization, real, palpable and NANTES
e to the world, having the forms and capabI
g of the ordinary functions of government
d towards its own people and to other States
L with the courts for administration of ms
l. tice, with local habitation, possessin
l. such organization of force and such ma
e terial for such occupation of territor
d as to take the contest out of tn
l. category of mere rebellious insurreotio
= or occasional skirmish and place it O
& the terrible footing of war, which a recoe
l. milton of belligerency would aim to elevat
l. it. The contest, moreover, is solely OF
8 land. The insurreetlon IS not possessed G
1t. a single seaport whence it may send fort
l. its flag, nor has it any means of commun
a cation ; with foreign powers. excer
d through the lines of bats eneml
II No apprehension of any of those sue
IS den and difficult complications whic
p a war upon the ocean is apt to precipitat
a on the vessels, both commercial and ni
e. tional, and upon the consular officers c
>. other powers calls for the definition {
Ie their relation to the parties TO the contes
b Considered as question of expediency,
f. regard the accordance of belligerent right
lie still to be unwise and premature, as l II
e gard it to be at present and indefensible a
a measure of right. Such recognition Ell
e. tails upon the country according til
g rights which flow from it, difficult and con
J. plicated duties, and requires the action fror
y the contending parties ofthe strict obser,
d arce of taeir rights and obligations.
=, i19pfsFs the right of search on the high sea
le by vessels ~ both parties; it would subiee
W the carrying of arms and munitions of wa
n which now may be transported freely an
G. without interruption in the vessels of tn
is United States, to detention and possibl
n seizure; it would give rise to counties
e questions and would release the parer
s. government from its responsibility for act
lie done by the Insurgents and would inyes
2, Spain with the right te, exercise the supel
e, vision recognized by our treaty of I79
lie over our commerce on the high seas; a yer