The Lake County star., 1875-12-09

justice to citizens and strangers, to afford
J remedies for public and for private
wrongs, and able to assume the relative
international obligations, and capable ol
performing the corresponding inter
national duties resulting from its acquis.
ition Of the rights of sovereignty and
power, should exist complete in its or
ganization, ready to take, and able to
maintain, its place among the nations OF
the earth.
While conscious that the insurrection
in Cuba has shown a strength and endur-
ance which make it at least doubtful
whether it be in the power of Spain tc
subdue it, it seems unquestioDable that
no such civil organization exists which
may be recognized as an independent
government, capable of performing its
obligations and entitled to be treated as
one of the powers of the earth. A recog-
milton under such circumstances would
be inconsistent with the facts, and would
compel the power giving it soon to sup
port by force the government to which
it had really given its only real claim of
existence. In my judgment the United
States should adhere to the rules and the
principles which have heretofore been its
sure and safe guides in like contests be-
tween revolted colonies and their mother
country, and acting only upon the clear.
est evidence, should avoid any suspicion
of imputative recognition of the inde-
pendence of Cuba, it being in my opinion
impracticable and indeiensble.
The question which next presents it
self is that of recognition of belligerent
rights in the parties to the contest.
In former message 20 Congress, l had
occasion to consider this question, and
reached the conclusion that the conflict
in Cuba, dreadful and devastative as were
| its incidents, did not rise to the fearful
dignity of war. Regarding it now, after
this lapse of time, am unable to see that
any notable success of any marked or real
advance, on the part of the insurgents,
has essentially changed the character of
the contest. 1t has acquired greater age,
but not greater or more formidable pro.
portions. 1t is possible that the acts of
foreign powers and even the acts of Spain
herself of this very nature, might be
pointed to in defense of such recogni-
tions; but now, as in its past history, the
United States should carefully avoid the
false light which might lead it into the
mazes of doubtful law, and of questiona-
BILE propriety, and adhere rigidly and
steadily to the rule which has
been its guide, and doing only that which
is right and honest, and of good report.
The question of according, or of with
holding the rights of belligerency mus
be Judged in every case, in view OF the
particular attending facts. Unless jus
titled by necessity, it is always and
IaI fri
gratuitOus demonstration of moral sup
port to the rebellion. 1t is necessary,
and it is required, where the interests
and right of another Government, or OF
its people, are 30 far affected by pend
ing civil conflict as to require definition
Of its relations to the parties thereto but
this conflict must be one which will be
recognized, in the sense of international
law. As belligerence, too, is fact, the
mere existence Of contending armed
bodies, and their occasional conflicts, do
not constitute war in the sense re-
ferred to.
A REBELLION NOT A WAR.
Applying the existing condition of
affairs in Cuba the tests recognized by
publicists and writers on international
law, and which have been observed by
nations of dignity, honesty and power,
when fee from sensitive, selfish or un-
worthy notes, 1 fail to find in the insur-
rection the existence of such a substan- |
tial political organization, real, palpable
and manifest to the world, having the |
forms and capable of the ordinary func-
tions of Government toward its own |
people and to other States, with the
Courts for the administration OF justice,
with local babitation possessing such
organization of force, such material, such |
occupation of territory as to take the |
contest out of the category OF mere |
rebellious resurrection or occasional skir-
mishes, and place it on the terrible foot
ing of war, to which recognition of
beIligerency would aim to elevate 1T.
The contest, moreover, is solely on land.
The insurrection has not possessed itself
of single seaport whence it may send
forth its flag, nor has it any means OF
communication with foreign powers, ex-
cept through the military lines of its
adversaries. No apprehension of any OF
those sudden and difficult complications
which a war upon the ocean is apt to
precipitate upon the vessels both COM
mercial and national, and upon the con-
sular officers Of other powers, calls for
the definition of their relations to the |
parties to the contest.
Considered rs a question of expedien-
CIV, / regard the accordance of belliger-
ent rights to be as unwise and premature
as l regard it to be at present iDdefensi-
bic. As measure of right, such recog-
milton entails upon the country, according
the rights which flow from it difficult
and complicated duties and requires the
action from the contending parties of the
strict observance of their rights and
obligations. 1t confers the right Of
search upon the high seas by vessels of
both parties 1t would subject the
carrying Of arms and munitions of war,
which now may be transported freely and
without interruption, in the vessels Of the
United States to detention. Apart from
any question Of theoretical right, / am
satisfied that, while the accordance
of belligerent rights TO the Insurgents in |
Cuba might give them hope and
inducemeDt to protract the struggle, IL |
would be but delusive hope, and would |
not remove the evils which this Govern |
ment and its people are experiencing, but |
would drag the United States into com. |
plications which 1t has waited long and |
already suffered much to avoid.
The recognition of Independence or
belligerency being thus, in my judgment,
equally inadmissible, it remains to con-
slider what course shall be adopted
should the conflict not soon be brought
to an. end BY the acts of the parties
themselves, and should the evils which
result therefrom, affecting all nations,
and particularly the United States, con-
tinue. In such event, am of the opin-
ion that other nations will be compelled
to assume the responsibility which de-
wolves upon them, and to seriously con-
slider the only remaining measures posi-
BILE.
Owing, perhaps, Ia the large expanse
Of water separating the island from the
peninsula, the want of harmony and of