The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1875-12-15

] should avoid any posSlOlIlty OF suS-
picion or of imputation, recogni-
ton of the independence of Cuba be-
ing, in my opinion, impracticable
and indefensible.
10 PRESENT RECOGNITION OF BELLIG-
EREST RIGHTS LIKELY.
The question which next presents
itself is thst of the recognition Of
belliperent rights in the parties to
the contest. In , former message to
Congress had occasion to consider
this question, and reached the con-
clusion that the conflict in Cuba, dew
astating 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, any marked or real
advance on the part Of the insur-
gents has essentially changed the
character of the contest. 1t has ac-
quired greater age, but not greater
or more formidable proportions. 1t
is possible that the acts Of foreign
powers, ani even the acts Of Spain
herself, of this very nature might be
pointed to in defense of such recog-
milton; but now, as in its past histo-
ry, the United States should careful
/ " avoid the false lights which might
lead it into the mazes of doubtful law
and of questionable propriety, and
adhere rigidly and sternly 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 Withholding the
lights Of belligerency must be judged
in every case in view Of the particu-
lar attending facts, unless justified
i by necessity. Ii is always and justly
regarded as an unfriendly act and
gratuitous demonstration Of moral
support to the rebellion. 1t is neces-
sary, and it is required when the in
terest and rights Of another Govern
ment, or of its people, are SO far af-
fected by a pending civil conflict as
to require definition Of its relations
to the parties thereto. But this con-
fiict must be one which will be recog-
nized in the sense of international
law as war. Belligerence, too, is a
fact; the mere existence Of contend
ing armed bodies and their occasion
al conflicts do not constitute war in
the sense referred to. Applying to
:he existing condition Of affairs in
Cuba the tests recognized by public
lists and writers on international law,
aud which have been observed by
nations of dignity, honesty and pow
er when tree from sensitive or selfish
and unworthy motives, | fail to find
in th,, insurrection the existence Of
such substantial political organiza-
tion. real, palpable or manifest to the
world, having the forms and capable
of the ordinary functions Of govern
ment. toward its own people and to
other States. with courts for the adj
ministration of justice, with local
h.bitation, possessing such organiza-
ton of force, such material, such oc-
cupation of territory as to take the
contest out Of the category offs mere
rebellioas insurrection or occasional
skirmishes, and place it on the terri
BILE footing of war to which g recog
milton of belligerency would aim to
elevate it. The contest. moreover, Is
solely on land. The insarrectien has
not possessed itself of single sea-
port where it may send forth its fag;
nor has it any means OF communities
ton with foreign powers except
through the military lines Of its ad
verssries. No apprehension OF any
of those sudden and difficult compli-
cations which war upon the ocean
/ is apt to precipitate upon the vessels,
both commercial anu national, and
upon tire consular officers Of other
powers, calls for the definition Of
their relations to the parties TO the
. contest.
CONSIDERED AS 4 QUESTION OF ExPED-
IESCY,
+. | regard the accordance Of belliger-
ent rights still to be as unwise and
premature as | regard it to be at
!. present indefensible as a measure OF
right. Such recognition entails upon
the eouatry according the rights
which flow from it, difficult and COM
plicated duties, and requires the ac-
ton from the eontending parties Of
the strict observance Of their rights
and obligations. 1t confers the
; rights of search upon the high seas
! by vessels of both parties; would sub
ject the carrying OF arms and ammu-
milton of war which nov may be
transported freely and without inter
ruption in the vessels Of the United
i States to detention and to possible
seizure; it would give rise to count
\ less vexations; would release the par
government from responsibility for
acts done on the insurgents, and
would invest Spain with the right to
exercise the superisrism recognized
by our treaty of 1895 over our COM
meree. on the high seas very large
part of which in its traffic between
the Atlantic and Gulf States and be-
tween all of them and the States up
on the Pacific, passes through the
waters which wash the shores Of Gu
ba. The exercise Of this supposition
could scarce tail to lead, If not to
abuses, certainly to collisions peril
Gus to the peaceful relations of the
two States. There car be little doubt
to what result such supervision would
before long draw this nation. 1t
would be unworthy of the United
States so inaugurate the possibilities
Of such result by measures of ques-
tionabie right or expediency, or by
/ any indIrection. Apart from any
! question of theoretical right, / am
satisfied that, while the accordance
OF billigerent rights to the insurgents
in Cuba might give them hope and
inducement to protract the struggle,
it would be but delusive hope, and
!. would not remove the evils which
!. this Government and its people are
experiencing, but would draw the
: United States into complications
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