The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1875-12-09
LEAyENWORTH WEEKLY TINES:

| By the usual methods competent to rnete
| out justice 10 It's citizens and TO strangers
TO afford remedies for public and for pri-
| waite wrongs, and able 10 assume tie reIa-
tive international obligations, and capable
OF performing the corresponding interna-
tional duties resulting IRON Its assumption
Of the rights OF a sovereign power, which
should exist complete in its organization,
| ready to take, and able 10 maintain its
place among the nations of the earth While
conscious that the instruction in Cuba
has shown a strength and endurance which
make il at least doubtful, whether it he in
the power Of Spain TO slbdue. II seems I'M
questionable that no such civil orSaniza-
lion exists, which may be recognized as an
independent government, capable OF per
forming its obligations and entitled 10 he
treated as one of the powers OF the earth. 4
recognition under such circumstances would
be inconsistent with ihe facts, and would
compel the power 10 give support by force,
| TO the government 10 which it really gave
its only real claim OF existence In my
| Judgment. the United States should adhere
TO the policy and the principles which have
heretofore been its sure and safe guides in
like contests, between reyolted colonies and
| their mother country, and acting only upon
the clearest evidence; should avoid any
possibility of suspicion or imputation. 4
recognition Of the independence OF Cuba
being, in cay opinion, impracticable and in
defensible, the question which next presents
itself, is that of the recognition OF beiliger-
ent rights, in the parties TO the contest. In
a former message 10 Congress, / had &C.
casion to consider this question, and reach
ed the conclusion that the coniic. in Cuba,
dreadful and devastating as were its events,
did not rise TO the
| FEARFUL DIGNITY OF WAR.
Regarding il now, after this lapse of time,
| am unable 10 see that any reliable sue
Cess, or any marked or real advance OF the
part of The Insurgents, has essentially
changed the character OF the contest. Ii
has acquired greater age, but not greater
or more formidable proportions. 1t is
possible ihat the action OF foreign powers,
and even OF Spain herself, OF this very ma
ture, might be pointed 10 in defense OF
such recognition. But now, as in its past
history, the United States should carefully
avoid the false lights which might lead i;
into the maizes OF doubtful
law and Of questionable propriety,
and adhere rigidiy and sternly TO the rule
which has been its guide, and doing only
that which as right and honest and OF good
report. The question OF according or with
holding the rights of belligerency, must be
Judged in every case in view of the particu-
lar attending facts. Unless justified by ne
cessity, it il always, and justly, regarded as
an unfriendly act, and a gratuitous demon
stration OF moral support TO the rebellion.
II is necessary, and it is required, when the
interests and rights of another government,
or of its people, are SO far affected BY 4
pending civil conflict as to require a defin-
ition of Its relations to the parties thereto,
but this conflict must be one which will be
recognized in the sense OF
INTERNATIONAL LAW
as belligerent too. II is fact that the
mere expense of maintaining armed bodies,
and their occasional conflicts, do not consti-
tute law in the eense referred to.
Applying the existing condition OF al
fairs in Cuba, the tests recognized by pub
licists and writers on International law,
and which have been observed by nations
of dignity, honesty and power, and when
free from sensitive, selfish or unworthy mo-
tives, fail to find in the Instruction the
expense of keeping substantial, political
organization, real, palpabIe and manifest to
the world, having the forms, and
capable Of the ordinary iunc-
tions of government toward its own
people and to other States, with
the courts for the administration of JUS
tice, with a local habiiation, possessing sach
organization OF force, such material, such
occupation Of territory a TO take the con-
test out Of the category Of Z mere rebelli-
| Gus instruction, or occasional skirmishes
and place il on the terrible footing OF war
| which a recognition OF beligerancy would
| aim TO elevate it, The contest, more
over is solely on land. The instruction j.
| not possessed of single seaport, whence il
may send forth its flag, nor has it any
means OF communication with foreign pow
ers, except through the military lines Of
its adversaries. No apprehension OF any eli
these sudden and dificult comp!i rations.
| which a war upon the ocean is apt TO pre-
cipitate upon the vessels, both commercial
and national, and upon the consular officers
OF other powers, calls for the definition OF
their relations TO the parties 10 the con-
iiict.
ACCORDANCE OF BELLIGEREEr RIGHTS w
Considered As a question OF eSpedieHcv, /
regard the accordance OF belligerent rights |
still to be unwise and premature, and re-
gard it TO be, al present, indetensible. As |
!, measure of right, such recognition entails |
upon the country, according to the rights |
which Tow from il, difficult and com
plicated duties, and requires the |
action from the contending parties OF the |
strict observance Of their rights and obliga-
tions, it confers The right of search upon the |
high seas by vessels of both parties, it
would subjec, the carrying of arms and |
ammunition OF war, which now NAV be
transported freely and without Interrupt
ton in the vessels OF the United States to
detention and to possible seizure, it would
give rise to countless veXatiOus questions,
would release the parent government from
responsibility for acts done by the Insur
gents and would invest Spain with the RICH:
TO exercise the supervision recognized by
our treaty Of 1855, over our commerce on
the high seas. 4 very large part of which
in its traffic between the Atlantic and Gull
States, and between all OF them, and the states
upon the Pacific, passes through the wa
tiers which wish the shores of Cuba. The
exercise OF this supposition could scarce
fail to lead, il not TO abuses, certainly TO
collisions perilous TO tine peaceful rela-
lions Oh tne TWO StaiSS. 1 Herc CAN De little
doubt as to what result such supervision
would, before long, draw this nation. II '
would be unworthy OF the United States to {
inaugurate the possibilities Of such re- {
volt, by measures OF questionable right or :
expediency. am satisfied that while the
accordance of belligerent rights to the In l
surgents in Cuba, might give them hope |
and an inducement 10 protract the I
struggle, it would be but delusive hope,
and would not remove the evils which this I
government and its people are experience I
ing, but would draw the United States into G
which it has waited e
long and already suffered much to avoid. C
The recognition of independence or of bel n
ligerency being thus, in my Judgment, Q
equally inadmissible. 1t remains to con- I
slider {
WHAT POLICY SHALL De ADOPTED. :,
Should the conflict not soon be brought TO C
an end by the acts Of the parties themselves, C
and should the evils which result there Il
IRON. affecting all nations. and particularly a
the United States, continue, in such event, p
am Of opinion that other nations will be o.
to assume responsibility which Il
devOlves upon them, and to sensibly consid- IN
er the only remaining measures possible, m
mediation and Intervention. Owing, perhaps, ri
10 the large expanse of water separating di