The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-12-08

,GUrance WHICH make slt 81 least d0uDtsuf
whether It Is 10 the power Of Spain 10 snbdue
JIG, It seems ,1nquestien able that no such civil
organization exists which may beTecognized
as an independent government capable Of
performing IFS international obligations and
entitled TO be treated as one of the powers
of the earth. a recognition Under, such cir.
teuEstances would be inconsistent with the
facts, and would compel The power
granting it SOON to support by force the
Government 10 which it had really given
its only claim OF existence. Id, my judg-
1nent tile United States should adhere
TO the policy and principles which have
{ heretofore been its sure and safe guides
in like contests bsween revo lied colonies and
their mother country, and acting only upoB
the ciearest evidence, should avoid shy POS.
slbilty q suspicion Is irnpntatton =
/. l.s.gsss 10 gBMLIGERERT RlGHTs. sagsf asEsisa,
/ / The recognition of Gthe Independence Of
Cuba being, fri my opinion, imp cticabi and
iindesensible,. the questions which next pre-
se1ts itself Is that Of the recognition of bel
iigerent rights Ia the parties to the contest.
fl q former message to Congress T. had
occasion TO consider this question, and
reached the conclusion That the conflict
i'd asCubs, dreadfdr and devastating as
were It's incidents, did @ not rise
to q the sdffearfuia y dignity 9of : war.
Regarding itnoH, after this lapse Of time,
am unable to see that any notable success, or
any marked Or real advance on the part Of
the insurgents, has eventually charged the
character Of the contest. 1T has acquired
greater age but not greater or more formida.
Bile proportions. 1t is possible that the acts
of foreign powers, and eyen' acts Of Spain
herself, OF this very nature, might be pointed
to indefence of such recognition; but now,
as in its past history, the United States
should carefully avoid the false lights
which might lead 1t into the n15zes of
doubtful law and of questionable propriety,
and adhere rigidly and sternly tothe rule
which has been it's guide, doing only that
which is right. and honest, and ofgood
report. The question of according or of
withholding rights of belligerency must be
pledged In every case ih view OF the particu-
lar attending facts. Unless justified by
necessity, it is always and justly
regarded as an unfriendly act and
gratuitous demonstration Of moral
support to the rebellion. 1t is necessary
aud it is required when the interests and
rights Of another government, or Of its peo-
Pile, are so far affected by pending civil con-
fict as to require definition of its relations to
the parties thereto. But this compact must
be one which will be recognized in the sense
of international law as war. BelligeTence,
too, is fact. The mere existence of con-
tending armed bodies and their occasional
conflicts do not constitute war in the sense
referred to. Applying to the existing condi-
ton of afairsin Cuba the tests recognized by
publicists and writer's on international law,
and which have been observed by nations of
dignity, honesty, and power, when free from
sensitive or selfish and unworthy motives,
/ failto find In the instruction the existence
of such q substantial political organization,
real, palpable, and manifest to the world,
having the forms and capable Of the ordinary
functions of government toward its own
people and other States, with courts for
the administration of Justice, with local
habitatioH possessing such organization Of
force, such material, such occupation Of
territory, as to take the contest out of the
category of mere rebellious Instruction
or OCCASIONAL skirmishes and place 1t on the
terrible footing Of war, to whicha recognition
of beiligerency would aim to elevate it. The
contest, moreover. is solely on land. The
instruction has not possessed itself of single
seaport whence it may send forth It's flag,
nor has it any means OF communication with
foreign powers except through the military
line OF its adyersaries. Mo- appre-
heusion of any of those sudden
and difficult complications which war
upon the ocean is apt to precipitate upon
the vessels, both commercial and national,
and upon the consular officers Of other
powers, call for the definition Of their rea-
tions to the parties to the contest, considered
as question OF expediency. L regard the
accordance of beligerent rights still to be as
unWise and premature as Iregard it to be at
present indefensible as a measure of right.
Such recognition entails upon the country,
according the rights which flow from
it, difficult aud complicated duties,
and requires the exaction from the contend
ing parties of the strict observance OF their
rights and obligations. Itconfers 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 In
terruption in the vessels of the United States,
to detention and to possible seizure. It
would giverise to countless veXatiOus ques-
lions, would relesse the parent Government
from responsibility for acts done by the In.
surgents, and would invest Spain with the
right to exercise the supervision, recognized
by our treaty of 1895, over our commerce on
the high seas, a very large part of which, In
its traffic between the 'Atlantican the Gulf
States, and between all Of them and the Gull
States, and between all OF them and the
States on the Pacific passes through the
waters which wash the shores Of Cuba. The
exercise of this supervision could scarcely
fail TO lead, if not to abuses, certainly to COL
lisioDs perilous to the peaceful relations OF
the two States. There can be little doubt
to what result such supervision would be-
fore long draw this nation. IL would be I'M
worthy of the United States to inaugurate
the possibilities of such result by measures
of questionable right of expediency, or by
any indiscretion. Apart from any question Of
theoretical right. I am satisfied that while
the accordance OF belligerent rights to the In.
surgents in Cuba might give them a hope
and an inducement to protract the struggle,
il would be but delusiye hope, and would
not remove the evils WHICH this Government
and people are experiencing, but would
draw the. United States into complications
which it hes waited long and already suf-
fered much to avoid-the recognition Of III.
dependence orof belligerency being thus, In
my Judgment, equally inadmissibie. 7',a3 =
Il remains to consider what course shall
be adopted should the conflict not soon be
brought to an end by acts Of the parties
themselves and should the evils which
result therefrom, affecting all nations, and par.
ticularIy the United States, continue, In such
event, Tam OF opinion that other nations vii!
be compelled to assume the responsibility
which deYoiyes upon them, and to consider
the only remaining measures possible-rne.
Ediation and Intervention. Owing, perhaps,
to the large expanseof water separating the
island from the peninsular, the want Of har.
mony and Of personal sympathy between
In ha hitantsl of the c0ln1V and fhnse sent