Ellsworth American., 1875-12-16

ture, might be POINTED at In defence OF suci
recognition, but now. as in its past history
tile United States should carefully avoi,
the false lights which might lead into th,
mazes OF doubtful law and OF questionable,
propriety, and adhere rigidly aud sternl,
10 the rule which has been its guide. au,
doing only that which i right aud honest
aud "f good report. The question oi ae
cording or OF Withholding rights OF bellig
eIency must be judged in every case In view
OF particulars attending the facts. Unless
Justified by necessity. it i always and just
~ regarded as an uuiriendly act aud d
gratuitou> demonstration of moral support
10 the rebellion. Ii Is necessary and il is
required il the interests aud rights OF
another government If its people are 50 tar
Affected by a pending civil conflict as to re-
quire definition in its relations to the
parties thereto, but this conflict must be
one which will be recognized in the sense
OF international law as war. Belligerency
| too i fact. The mere existence OF CON
tending armed bodies, and their occasional
conflicts do not constitute war in the sense
| referred 10. Applying To the existing com
/ uitlon oI affairs ln Cuba the tests TcCo.niZ-
/ eu 10y pubilcl>t> and writer's on information
| al law, and which have been observed by
| nations ~ dignity. honesty aud power
! Whch iree from scnitiye. selfish and un-
worthy motives. | fail to md IN the in-ur-
rection the existence oi such Il substantial
| political organization real, palpa5le and
manifest ~ the world, having the forms
and capable of the ordinary function Of
government toward its own people and to
other states. with courts for the admnis-
iraIi"n of Justice. with a local habitaiiou
possessing such Organization OF force.
such material. such occupation OF territory
a. to take the gpufg.r nut al rho r.f.t.,rv
OF mere rebelious insurreciiOn or Occa-
sionai skirmish. and place IL on the terri
Die footing of war to which recognition
OF oeliigeTency would ann 10 elevate li.
ne contest moreover, ., solely on land.
HE insdrrectton has not possessed ltsrlf
oi n single seaport whence Il may send out
lls Nag. nor has il any mean, oi cummuiii.
cAton with foreign powers. except through
the military lines OF IT, adyersaric. No
apprehension ot ans OF those sudden and
diihcult complications which war upou the
ocean i apt 10 prccipitatc upon the Ne--
scIS. both commercial aud national and
upon the consular officer, oi the powers.
calls Tot the definition Oi their relation to
the parties or the contests
Considered a, question oi cxpc,licncy,
I regard the accordance OF beili:crent
rights siiIl to be A. uuwi,e a.I premature.
a. regard % to DC al present tnd.iruslbl
A. measure of right such recognition
entail, upon the country according 10 the
iGAt' Which now from Il. difficult aud
c"inpAcaie Iuiies, aud require, the action
irum the cOnteudlng parties Or the strict
ooser' ance of their ight, aud obligations.
~ conicfs the night OF search upon the
hl-h seas by vessels OF both parties. f.
would subject the carrying OF guns aud
munitions 90 war. which now may De-
transported irccit aud without Iuiefrup-
tun in the vessels ui the United states. 10
detention aud 10 po, ,iblc seizure. II wou',
sife.ri>c 10 countless vcxa;iuus questions.
would release the lareut government from
responsibility for acts done by the insur.-
enis. and would invest Spain with the night
10 exercise the supervision Te, ognized bv
our treaty OF 1875 over our commerce on
me hISh seas. very large part OF which
III IL tFAHlc between the Atlantic and Gun
state, and between all OF them aud the
>tatc' upon the Pacific. p.l,,e, through thr
waters which wash The shore, OF cuba.
Inc "Neicis" of this supervision could
scarce Ian 10 lead. IL not 10 abuses Ger
fanny 10 collisions pcrilUus to the peaceful
relations OF the two states. There can be,
htt!e doubt 10 what result such SUPERVISION
would before Ion, draw thi, nation. Il
would be unworthy OF the United States 10
lnauguraie the possibilities OF such result,
Dy measures OF questionable right, or cA-
Pediehcy, or 10y any iudreciion. Apart
from any questions OF the theoretical
nights am satisfied that while the accord
ance OF be!iiserent rights TO the Insurgents
IN Cuba. might give them L hope and in
duceinent 10 protract the struggle 1t would
De out delusiye hope aud would not re-
move the evils which this government and
ns people are experiencing. but wouhi
draw the niIed States into complications
which II has waited long, and already suf-
fered much to avoid.
The recognition of independeuca or h.l.
iiSerency being thus, In NV Judgment,
equally Inadmissible, il remains 10 con.id-
er what course shall be'adopted should the
conflict not soon be brought 10 an end by
acts oi the parties themselves, and should
evils which result thercfrOm, aiiiictiuy. all |
nations aud particularly this. continue. In
such an event am OF the opinion that 9th
er nations will be compelled 10 assume. /
the responsibility which deyolve, upon
them. and To seriously consider the only |
remaining measure possible mediation /
aud Intervention. Owing. perhap,. 10 th,. !
iafSe eIpanse of water separating the i>- [
land from the peninsula, the want Of har- |
mony and OF personal sympathy bet yceu
the Inhabitants of the colony and thos,.
~ SA4C lustu. anu want oil 4
adaptation OF .he ancient colonial system 4
OF Europe TO the present parties the SER /
vices OF otner nations In mediation were
declined by Spain, with the declaration.
nevertheless, THAT at a future time they
would be Indispensable. No intimation has |
oeen received that In the opinion of Spain 4
the time mas been reached. and vet the /
strife continues with all its dread horrors /
and all OF its Injuries TO the interests of th,.
l hlted States and other nations. Each 4
party seems quite capable of working /
great Injury and damage to the other. a, /
Weii as 10 all the relations and Interests !
dependent on the existence OF peace in the /
isiahu. But both of them seem incapable |
Vi reaching any adjustment, and both have
thus failed of achieving any success where |
by one party shall possess and control the |
Island 10 The exclusion of the other Under /
These circumstances the agency of others.
either by mediation or intervention. seem. |
70 be the only alternative which must soon
er or latter be invoked for the termination |
OF the strife.
While thus impressed L do not at this
time recommend the adoption of any meas
ure oi intervention | shall be ready at all
tunes, ana as the equal friend OF both par
Ties, 10 respond TO a suggestion that the |
good officers OF the United States will be
acceptable to aid in bringing about peace
honorable to both. 1t is due to Spain. SO
tar a. this government is concerned. that |
the agency OF third power to which
nave adVerted. shall be adopted only a. |
last ekpedleht. Had il been the desire of
Tie United States TO Interfere in the affairs
Oh 'noa, repeated opportunities for so do |
lhg nave been presented within the last
ie~ years. but We have remained passive |
fst4rf mad L..
All International obligations to Spain with |
friendship, fairness and fidelity, and with
spirit OF patience and forbearance which |
negatives every possible suggestion of de- |
sire TO Interfere or to add to the difficulties
with which she has been surrounded.
NE Government OF Spain has recently !
submitted to our minister at Madrid. Ger |
tam proposals which may be found to be |
th basis, If not the actual submission. of
terms 10 Meet the requirements of the par |
ticular gneis OF which this government
frl aI