The Portland daily press., 1875-12-08

the whole amount was paid within but a few days
Inore than two months from the date Of the agree
ment, copy of which is herewith transmitted. In
pursuance Of the terms of the adjustment have di
rected the distribution of the amount among the
parties entitled thereto, including the ships
pany and such Of the passengers as were American
citizens Payments are made accordingly on the ap-
proval of the parties entitled thereto.
The Cuban Questi0n.
The last year has furnished no evidence of an APP
preaching termination of the ruinous conflict which
mas been raging for seven years in the neighboring
island Of Cuba The same disregard of the laws of
civilized warfare and Of the just demands on hu-
manity which have heretofore called for expressions
OF condemnation from the nations of chrstendom
have continued to blacken the sad scene. Desola-
ton, ruin and pillage pervadng the rich fields of
one of the most fertile and productive regions of the
earth and the incendary's torch firing plantations
and valuable factories and buildings is the agent
marking the alternate advance retreat of contest.
ing parties.
The protracted continuance OF this strife seriously
affects the interests Of all commercial nations, but
that OF the United States more than others by rea-
son Of its close proximity its large trade and inter-
codfse with Cuba and the frequent and intimate per-
soaa and social relations which have grown up be-
over the property of our citizens in Cuba is large
and is rendered insecure and deprecated in
value and in capacity of production by the con-
tnuance Of the strife and the unnatural mode of its
conduct. The same is true, differing only in degree
wrespect to interests and people Of other nations
and the absence of any peaceable assurance of near
termination OF the conflict must Of necessity soon
compel the states thus suffering consider what the
interest of their own people and their duty towards
themselves may demand.
Ihave hoped that Spain would be enabled to estab.
lsh peace in her colony, to afford security to the
property and interests of our citizens and allow
legitimate scope to trade and commerce and the
natural productions of the island. Because of this
hope and from extreme reluctance to interfere in
the most remote manner in the affairs of another
friendly nation, especially of one whose sympathy
and friendship in the struggling infancy Of our own
existence must ever be remembered with gratitude
have patiently and anxiously waited the progress
Of events Our own civil conflict Is too recent for US
not to consider the difficulties which surround gov
eminent distracted by dynastc rebellion at home
at the time that it has to cope with separate
insurrection in O distant colony. But whatever
cause may have produced the situation which so
griey0usly affects interests, it exists with all its
attendant evils, operating directly upon this country
proved abortive and time has marked no improve
ment in the situation. The armed bands of either
side now occupy nearly the same ground as in the
past, with the difference from time to time of more
lives sacrificed, NOSE property destroyed and wider
extents of fertile and productive fields and more and
more Of valuable property constantly wantOny sac
/ rificed to the incendiaries' torches.
In contests of this nature where considerable
body of people who have attempted to free them
selves Of the control of the superior have
reached such point in occupation of territory, in
power and in general organization to constitute in
fact body politic having government in substance
as well as in name established of the elements of
stability. and equipped with the machinery for the
administration OF internal policy and the execution
Of its law prepared and able to administer justice at
home well in its doings with other powers, it is
within the province of these other powers to recog
nize its existence as a new and independent nation.
In such other nations simply deal with an act
uay existing condition Of things, and recognize
one of the powers of the earth that body polite
which, possessing the necessary elements has in fact
become new power. In word, the creation of a
new state is fact. To establish the condition of
things essential to the recognition of the fact there
must be people occupying known territory, unit
1 ed under some known and defined form of govern
ment; acknowledged by those subject thereto; in
/ which the functions Of government are administer
ed by usual Methods competent to mete out justice
to citizens and strangers to afford remedies for pub
lie and private wrongs, and able 10 assume the cor
sniYe international obligations and capable of per,
forming the corresponding international duties re-
sulting from its acquisition of the rights of soyer-
eighty. power should exist complete in its organ
zaton ready to take and able to maintain its place
/ among the nations of the earth.
While conscious that the insurrection in Cuba has
| shown strength and endurance which make it at
least doubtful whether it be in the power of Spain to
subdue it, it seems unquestonabe that no such civil
l organization exists which may be recognized
independent government, capable of performing its
international obligations and entitled to be treated
one of the powers OF the EARTH A recognition un-
der 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 real claim of existence. In
my judgment the United States should adhere to the
policy and principles which have heretofore been its
and safe guide in like contests between revolted
colonies and their mother country, and acting only
upon the clearest evidence should avoid any posi-
bility Of suspicion or Of mputation. recognition
Of the independence of Cuba being in my opinion i'm
practicable and indefensibe the question which next
presents itself is that Of the recognition of beliger-
ent rights in the paaties to the contest.
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 Its incidents, did not rise to the fearful dig
nifty of war; Regarding it now after this lapse on
time am unable to see that any notable success of
any marked real advance the part of the insur-
gents has essentially changed the character of the
contest 1t has acquired greater age but not greater
4 ynar idabI r.
the act Of foreign powers, and even lacts of Spain
herself of the very nature, might be pointed at in
defence Of such recognition, but now, in its past
history, the United States should carefully avoid the
false lights which might lead into the of doubt
full law and Of questionable propriety, and adhere
| rigdly and sternly to the rule which has been its
guide, and doing only that which is right and honest
and of good report The question of according or of
Withholding rights Of belligerency must be judged in
every case in view Of the particulars attending the
facts. Unless justified by necessity, it always and
Justly regarded unfriendly act and gratuitous
demonstration of moral support to the rebellion. 1t
necessary and it is required IL the interests and
rights of another government if its people are so far
affected by pending civil conflict as to require a
definition in its relations to the parties thereto but
this conflict must be one which will be recognized in
the International law as war. Begerency too
L 10 idct. ut mtFe existence OF c0nCenQlng armed
bodies, and their occasional conflicts do not consti.
tute war in the sense referred to- Applying to the
existing condition of affairs in Cuba the tests recog
nzed by publicists and writers international law
and which have been observed by nations of dignity
honesty and power when free from senitive, selfish
and unworthy motives. fail to find in the insurrec-
tion the existence of such substantial political Or
ganzation real, papable and manifest to the world,
having the forms and capable of the ordinary func-
/ tion Of government toward its own people and to
other states, with courts for the administration
justice with local habtation possessing such Or
ganization of force, such MATERIAL such occupation
Of territory to take the contest out of the cate
CORY Of rebellious insurrection or occasional
skirmsh and place it the terrible footing of war
to which recognition Of belligerency would aim to
/ elevate it.
The contest, moreover, is solely on land. The in
surrection has not possessed itself of single sea-
port whence it may send out its flag, nor has it any
means Of communication with foreign powers, except
through the military lines of its adversaries. No ap
prehension of any of those sudden and difficult COM
pcations which upon the is apt to precip-
cate upon the vessels, both commercial and national,
II op1, oasno