Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1875-12-09

difficulties which surround government
distracted by dynasty rebellion at home
at the same time that it has to cope with
separate instruction in distant colony;
but whatever causes may have produced
the situation which so grieyously affects our
interests, it exists with all its attendant
evils, operating directly upon this country
and it's people. Thus far, all the efforts of
Spain have proved abortive, and time has
marked no improvement in the situation.
The armed bands of either side now occu.
py nearly the same ground as in the
past, with the difference from time to time
of more lives sacrificed, more property de-
stroyed, and wide extents of fertile and
productive fields and more and more OF
valuable property constantly, wantonly
sacrificed to the incendiaries. In contests
of this nature, where considerable body
/ of people have attempted to free them
selves of the control of the superior GOV
eminent, have reached point in occupa-
ton of territory, in power and in general
organization, as to constitute in fact body
polite. having government in substance
as well as in name, possessed of the
elements of stability and equipped
with the machinery of administra-
ton, of internal policy and the exc
cution of its laws; prepared and
able to administer justice at home as we'll
as in its dealings with other powers, it is
| within the province of those other powers
to recognize its existence as a new and in.
dependent nation. In such cases other
nations simply deal with an actually exist
ing condition of things, and recog-
nize as one of the powers Of the earth
that body polite which. possessing
the necessary elements, has in fact be-
come new power. In word, the
creation of new State is fact. To es-
tablish the condition of things essential to
a people occupying a known territory,
form of government, acknowledged by
those subject thereto, in which the func-
lions of government are administered by
usual methods, competent to mete out
Justice to citizens and strangers, to afford
remedies for public and for pri-
vate wrongs, and able to as
sumo the correlative international OBJ
| legations, and capable of performing
the corresponding international duties re-
sulting from its acquisition of the rights
of sovereignty, power should exist, com
plete in its organization, ready to take and
able to maintain its place among the ma
lions of the EARTH. While coscious that
the instruction in Cuba has shown a
strength and endurance which make it at
least doubtful whether it IS in the power
of Spain to subdue it, it seems unquestion-
able that no such civil organization exists
which may be recognized as an in
dependent government capable of per-
forming its international obligations
and entitled to be treated as one of the
powers of the earth. A recognition under
such circumstances would be inconsistent
with the facts and would compel the power
granting it soon to support by force the
government to which it had really given its
only claim of existence. In my judgment
the United States should adhere to the pol
icy and the principles which have hereto
fore been its sure and safe guides in like
con tests between revolted colonies and
their mother country, and acting only upon
the clearest evidence, should avoid any
possibility of suspicion or Of imputation.
THE RECOGNITION OF CUBAN INDEPEN-
DENCE IMPRACTICABLE.
A recognition of the independence of
Cuba being in my opinion impracticable
and indefensible, the question which next
presents itself is that of the recognition of
belligerent rights in the parties to the con-
test. In former message to Congress
had occasion to consider this question and
reached the conclusion that the conflict in
Cuba, dreadful and devastating as were
it's 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, or any marked or real advance on
the part Of the insurgents has essentially
changed the character of the contest. 1t
has acquired greater age, but not greater
or more formidable proportions. 1t is
possible that the acts of foreign powers,
and even acts of Spain herself, Of this very
nature, might be pointed to in defence Of
such recognition. but now, as in its
past history, the United States
should carefully avoid the false lights
which might lead it into the mazes of
doubtful law and questionable propriety,
and adhere rigidly and sternly to the rule
which has been its guide, doing only that
which is right and honest and of good re-
port. The question of according as of
Withholding rights of belligerency must be
judged in every case in view OF the par
ticular attending facts. Unless justified
by necessity, it is always and justly re-
garded as an unfriendly act and gratu-
itous demonstration of moral support to
the rebellion. 1t is necessary and it
is required when the interests and
rights of another government or of its
civil conflict as to require definition Of
its relations to the parties thereto. But
this compact must be one which will be re-
cognized in the sense of international law
as war. Belligerence, too, is fact. The
mere existence OF contending armed bodies
and their occasional conflicts do not con-
stitnte war in the sense referred to. APP
plying to the existing condition of af-
fairs in Cuba the tests recognized by
publicists and writers on international law
and which have been observed by nations
of dignity. honesty and power, when free
from sensitive or selfish and unworthy mo-
tives, fail to find in the instruction the
existence Of such a substantial political
organization, real, palpable and manifest
to the world, having the forms and capa-
BILE of the ordinary functions Of govern
ment toward its own people and to other
States, with courts for the admins
tration of justice, with a local habita
ton possessing such organization Of
force, such material, such occupation of
territory as to take the contest out of the
category of a mere rebellious instruction
or occasional skirmishes, and place it on the
terrible footing of war to which recogni-
ton of belligerency would aim to elevate
it. The contest, moreover, is solely on
land. The insurrection has not possessed
itself of single seaport whence it may
send forth its flag, nor has 1t any means of
communication with foreign powers, ex-
cept through the, military line gifts adverse
ries. No apprehension of any of those sud
den and difficult complications which war