The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-12-08

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well "a in It's dealings with other powers,
it is within the province OF other
powers to recognize its existence as a new
and independent nation, In such cases
other nations simply deal with an actual
OF things and recognize as one
Of the powers OF earth that body polite,
which possessing the necessary elements
has in fact become new power. In a
word, the creation OF new state, is n fact
when it establishes the condition Of things
essential. In view Of this fact there
must be u people occupying a known ter
ritoFy, united under some known and de.
fined form Of government acknowledged
by those subject thereto, where the func'
tons OF government are administered by
the usual methods, competent to
mete out justice to citizens and
strangers, to afford remedies for pub
lie and for private wrongs and able
to assume the relative international
obligations, and capable Of performing
the corresponding international duties
resulting from its acquisition OF the
rights OF sovereignty, and the power
should exist complete in its organization,
ready to take and able to maintain its
place among the nations Of the earth,
While conscious that the insurrection in
Cuba has shown n strength and endurance
which make il at least doubtful whether
it be in the power Of Spain to subdue it,
it seems unquestlonRble that no such civil
organization exists which may be recOg-
nizel as an independent government, Gu.
pable Of performing its obligations and
entitled to he treated a. one Of the powers
OF the earth. A recognition, under such
circumstances, wOuld be inconsistent
with the facts, and would compel the
power giving 1t soon to support by force
the government to which it had really
given its only real claim Of existence. In
my judgment the United States should adj
herei to the policy and the principles
which have heretofore been Its sure and
safe guide in like contests between revolt;
cd colonies and their mother countries,
and acting only on the Clearest evidence,
should avoid any suspicion or imputation
Of any unwarranted interference, A
recognition OF the independence OF Cuba
being in my opinion impracticable and
indGtensible, the question which next pro.
sents itself is that Of the recognition Of
belligcrent rights in the parties to- the
contest.
THE NATURE OF THE CONFLICT IN CUDA.
In former message to Congress | had
occasion to consider this question, aud
reached the conclusion that the conflict
in Cuba, dreadful rs were its incidents,
did not rise to the fearful dignity OF war.
Regarding 1t now, after this lapse Of
time, am unable to see any notable sue
cess or any marked or real advance on
the part Of the insurgents. This has eS.
scntialy changed the character OF the
contest. II has acquired greater age, but
not greater or more formidable proper.
tions. Its possible that the acts Of for.
eign powers, and even the acts OF Spain
herself Of this nature, might be pointed
to in defense Of this, but now, as in lis
past history, the United States should
carefully avoid tho false lights which
might lead II into the ma2es Of doubtful
law and Of questionable propriety. The
question Of recognizing tho rights Of the
belligerCnts must be judged in every case
in view OF the particular attending facts,
Unless justified by necessity, 1t Is always
Justly regarded as m unfriendly act aud
il gratuitous demonstration Of moral sup
port to the rebellion. 1t is necessary
and II Is required, when the interests and
rights Of another government or Of its
people are so far affected by pending
conflict a. to require declaration Of
its relations to the public thereto. But
this conflict must be one which will be re.
cOgnized in the sense Of international law,
as war belligerCnce, too, Is fact. The
mere existence Of armed bodies and their
occasional conflicts do not constitute war
in the sense referred to, applying to the
existing condition Of affairs In Cuba, M
tho tests recognized by pubicists and
writers on international law, and which
have been observed by nations Of dignity,
honor and power when free from scnsi.
tive or selfish and unworthy motives. |
fail to find In the instruction the exist.
enCe Of such a substantial political organ.
iaatiOn, real palpnbIe and manifest 10
the world, having the forms and Capn.
bic Of the ordinary functions Of the gov.
eminent toward its own people and to
other States; with courtsf for the admins.
tration Of justice, with local hnbitation,
possessing such an organization Of forces
and material, with occupation Of the ter
IA In AL IN a.
category Of mere rcbellions insurrec.
ton or occasional skirmshes and place II
on the terrible footing Of war, to which
Il recognition Of belligerency would aim
to elevate il. The contest moreover Is
on land. The insurreCtion has not pos.
sessed itself Of single seaport whence II
may send forth It's flag. Nor has II my
means OF communication with foreign
powers, except through the military lines
Of its Ndversaries. No apprehension Of
any Of those sudden and difficult com.
plicatiOns which n war upon the ocean Is
apt to preCipitate upon vessels, both
commercial and national, and upon the
consular affairs Of other powers, calls for
the definition Of the relations Of the par.
ties to the contest. Considered as QucS.
ton Of expedienCy, | regard the accord.
ance Of belligerGnt rights Rtill to he un.
wise and premature, IA regard II to he
at present indCiensiblo as a measure Of
right. Such recognition entails upon
the country according the rights which
flow from ii, difficult and complicated
duties, and requires from the cOntending