Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1875-12-07

~ vi DlLN T.. 1860.
the powers Of the earth, that body poll
tic, which, possessing necessary elements
has in fact become II new power. In a
word, the creation of new state is Il
fact. To lcstablish the condition OF
things essential to the recognition of the
fact, there must l,r-t people occupying a
known territory, united under some
known and defined form of government
with the functions of government admin
istered by ana to citizens and strangers,
to afford remedies for public and for pri-
vatc wrongs and obligations, and capable
of performing the corresponding inter-
nal duties resulting from its rcqulsition
of rights of sovereignty. Apower should
exist complete i'll its organization, ready
to take and able to maintain its place
among the nations of the earth.
N While conscious that the iusurrcc.
ton in Cuba shows strength aud Gu
durahce which make it Mt lcasirdoubt-
| full whether it be in the power Of
Spain to snbdue it, it seems question
able that no< such civil organization
exists which may be recognized as an
independent govcUmcnt, capable Of
performing its obligations, and enti.
tied to be treated as one of the pow
ers Of the earth. A recognition, un-
der such circumstances, wohld be in
consistent with the facts, anst>would
compel the. power to give it some
support by force from the government
to which Il had really given its only
real claim of existence. In my judg-
ment the United States should adhere
to the policy and the principles which
have heretofore been its sure and
safe guides in like contests between
revoltcd colonies and their mother.
country; and acting only upon the
clearest evidence, should avoid any
suspicion Of imputation. A Arccogni-
tion Of the independence Of Cuba be-
ing, IN my opinion, impracticablc and
indefensible, the question which next
presents itself is tflut Of the rccogni.
tion OF belligercnt rights in the parties
to the contest. ~
In a former message to congress |
had occasion 70 consider this question
and reached the conclusion that the
conflict in Cuba was dreadful, and
devastating as are its incidents, it did
not rise to the dignity Of war:
Regarding it now after this lapse Of
time, [ am. unable to see that any no.
table success, or any marked or real
advance on the part Of the insurgents.
has essentially changed its character.
rs q contest. 1t has acquired great
er and more formidable proportions,
and possibly the acts Of foreign pow
ers, even the acts Of Spain herself Of
this very nature might tbcpointed out
in defense Of suchla recognition, but,
now as in its past history, the United.
States should carefully avoid the bold
flights which might lead it into the
way of doubtful law and Of question
able propricty, and adhere rigidly
aud 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 with
holding rights Of belligerency must
be judged in every way in view Of the
particular attending facts. Unless
justified by>necessity it is always and
justly regarded as an unfriendly act
aud gratuitous demonstration Of moral
support OF the rebellion. Unnecessary
it is the right Of another government
or of its people who are affected by a
pending civil conflict 10 require u
definition Of its relations toN the par
ties thereto, but this conflict must be
one which will be recognized inS the
sense Of internal law as belligercntSto
affect the mere existence Of contend
ing armed bodies; and then occasional
conflicts do not constitute war in the
sense referred to. Wo cannot apply
to the existing condition, Of affairs in
Cuba the tests recognized by .publi-
cists and writer's on international laws
which have been observed by nations
of dignity, honesty and power,
when free from sensitive or.
selfish and unworthy motives.
/ fait to fit,d in the isssurseetion the.
existence Of such u substantial politi.
cal organization, real palpable and
manifest to the world, having the
forms, and capable Of the ordinary
functions of government towards its
own people and TO the other states,
with courts for the administration Of
Justice, with a local Aabitation pos
sessing such au organization of force,
such material, such occupation OF
territory, as to take the contest out
of the category Of me re rebellious
resurrection or occasional skirmish,
and place it on the terrible footing Of
war to which a recommendation Of
belligerency would aim to elevate it.
The contest moreover is solely pos.
sessed Of q single support, whence it
-t.mav send forth its FLAG: nor has Il