The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1875-12-17

the Interests nd people OF other nations and
~" absence OF any reasonable assurance OF
the near terminal ion of the conflict the merit
OF the necessity will soon compel the states
thu, suffering, to consider What 'ntri of
their own people and their duty towards
Themselves may dem ind.
hnv" hoprd that spain would be enabled
TO establish peace in her colony, ana to AZ.
ford security to properly and III interests of
our ciiiz' MS, and allow the legitimate scope
10 trade ana commerce, ANA the MAJ ural pro
ducti n ot he island. Because of the hope
and from our extreme reluctance to int crtere
in the most remote manner IN the affairs of
II other and friendly uution, especially of
one who q sympathy and friendship in the
struggling Infancy of our own existence,
must ever be remembered wi h gratitude, |
have patiently and auNiouSly waited the pro-
prrss OF events. our own civil conflict t. too
recent for us not to consider the difficulties
which surround n government distracted by
Icbrlli n ut home, at the same time That IL
has to cope with separate insurrccton in II
, tstunt colony, Bat whatever causes may
have producrd the situation which 80 grev-
ouly aiI'"t, onr interests, it exists with all
iisa,irndmt evils. opcinting directly upon
this country and its people.
Thus tr an efforts of Splin have proven
abortiNc. .nd time has marked no improve.
mrnt in ne situltioh The armed bands OF
either side now occupy nearly the same
ground ns in the past with the difference
from time to time OF more lives sacriiiced
more property destroyed. aud W der districts
OF fe-tile and productive fields and more and
more OF vauabl property constantly and
want only sacrificed to the inccndiiry's torch.
In contests OF this nature, when II considert-
D'c body OF people. who have attempted to
ior government. have reached such point
III the occupation of territory, in power and
IN general organization, aS to constitute in
1aGl Il body polite, having government ~
substance rs wei rs in name, possessed OF
elements OF stability aud equipped WIN ne
machinery for the administration of the in.
tcrntl policy and the execution of Its laws
provided, and able to odmlnlstcr Justice ut
home itS vel rs in its dealings with other
powers To recognize the existence OF Il new
and independent nation. In such cases other
nations simply deal with an actually existing
"A
the powers of the earth that body polite
which, possessing necessary elements, has in
fact become new power: in word, the
crcpilun of II new state is IA fact ; to establish
the condition of things essential to the / ccog-
milton of this fact, there must be II people oc-
cupAl ing II known territory, united uhuet
some known and defined form of government
acknowledged by those subjects thereto, in
which formation Ot governments II minister
ed by legal method competent to mCte out
Justice to citizens aud strangers, TO AFFORD
remedies FOR pubic and for private wrongs,
and ready to assume the cOrrelative intcrna.
tionul ohligat ions, and capable of pertectlng
corresponding international dutivs. railing
from It's acquisition OF The rights of sovereign
ty and power should exist complete in It's or
gjluizutiun, ready to take and maintain its
place among the nations of the earth. While
cOnscluu, that the insure ciiOn in CUBA mas
shown II strength aud cndurlncc VIII ch make
ii at least doubtful whether 1t be i'll the pow
er ot spain To suDduc it, IT scenes unques'
tiOnab q that no such civil organization cN-
lists ~ hiCh may bc rec bguiZcla IL an luutpenu-
ent government. capable of pertrcting inter
national obligations and entitled 10 be treat
a- one of the powers of earth recognition
under such circumstances would De lh"shsls-
tent y it'll fact, and would compel the power
granting il soon to support bS force tie gov
Crumcni TO which it hat really given its one
claim OF existence. In my Judgment the
United States should adhere 10 the policy
an principles which have heretofore been its
sure and safe guides IN like contests between
revulted coiuulc- and their mother country,
acting only upon the closest evidenc" should
avoid any possibility OF suspicion or OF lmpu-
tation.
BEL oERENr R,GHTs.
A recognition of the in dependence of Cuba
beiug in my opinIon, linprtctictbie and in
lcfcnsib u, the question which presents IL
self Is recognition OF DclliScrcncy rights Ill
the Parties to the contest. In CORNER mes
sage to congress hud occasion 10 consider
this question, and reached tine conclusion
that the comh.c in Cuba, drcil,i ful and dcvas'
tatinS IL were IT. incidents, ana mo- fise 10
the fearful dignity of war. regarding IT,
now, after this lapse OF time, am unable 10
see that any notable success, or amy marked
OF real advance, ON the part of he insurgents,
ha, essentially changed The character OF the
contest. 1t has ChicNc,i greater age, but not
greater on more favorable proportions. IL Is
possible that acts o. foreign powers, and even
of spain herself, of this very nature, might
lie pointed to, but now, us in past history,
he United states should carefully avoid ihc
false lights which might ltld INTO the maZes
OF duu nfui law, OF questionable proprlcly,
and adhere rigidly and strongly to ihe ruic
which has been our guard, and doing only
which is right and honest and of good report.
Thc quNtion of according or withhululnS
rights belligcrrnts must he judged IN
every case in view of particular attending
facts. Uucss justified by nee ssity ii Is al
ways ana justly regarded Us an untriendly
act and grdtuitous demonstration of moral
support to rebellion. 1t is necessary as Is re
quIrcd when the interests and rights OF
another government or its people are so tnr
AFT, ctrd by pending civil conflict to require
n definition of its relations to the parties
thereto, but this conflict must be one when
Will he recognized in the SENSE OF lnteinh'
touul law war. Brlllgcrcncc, too, is II
fact which the mere existence OF contenhing
,.lue bodies and their occasional conflicts
do not constitute in the sense referred to.
Applying 10 the existing condition OF affairs
in cuba, test, recognized by publICists ana
writers ON interntIl9nal iaw, anH ,,,,di,,i whicn
honesty and power when free from sensitive
og selfish and unworthy motives, fail TO
1nd IN the insurrrctlOn the existence OF sucl
II substantial political organization, real, pal
paplc. and manifest having forms and clpa-
bic ui ordinary functions OF government TO-
ward its own people and to Other stat s,wlth
courts for the hGa'lministerinS of just CO, with
local habtation, possessing surh orsanlza-
ot territory, ns 10 take the contest out OF the
category of II me re rcbclllous lnsurIcction or
occasional sktrmI> h and place II on the tern.
bic footing OF war to when II fccoSnl ION OF
bclliGercnCy would aim TO elevate ~ me
contest, moreover, Is solely on laiiu. me N
surrection has not possessed Itself OF slnB.e
seaport whence ii may send forth its fiiS,nor
has 1t an y means or communication win
foreign p, wcr except through the military
line, OF its ndycrslrics. No apprehension of
any of those su iden and dlfhcult conplca-
tions which Il war upon the ocean is apt to
preciatc upon lthc vessels both CONNER cill
and national, and upon the consular onlcers
of other powe >, calls tor the dehniilon or
their relations to the parties 10 the contest.
The accordance of belligercnt rights would
be as uuwisc and premature Us regard IL ut
present ndctcnsibc ~ u measure OF rlsht.
such recognition entails upon the country
ncco ding To the rights winch now from 1t,
diitcut and complicated duties, ANA requires
tnc CNactlon from The contenulnS parties or
the strict Observance ot their rights ANA OBJ
legations, 1t cuuGcrs the right OF search upon
the high seas, carrying OF arms and munitions
ana without interruption, IN the Vessels OF
the L lied states 10 detention and to possi-
bic sCiZurC 1t wOuld give rise Ia countless
VcXatlOu~ questions, would release the par
cnt Z vcrnmcnt from responsibility for acts
done by the m-urgcn :, and, would invest
5 laln with the rlghI to exc els the supcrVi.
sion recognized bN our treaty OI lEJ, over
our CONNIE &C. ON the hER sritS' u very ltlRe
part II which in its traffic between me Allan
Ii and gulf states, ana bttMr n all nl lh'n
and the states upon he Paclhc,p passes lhrnuSh
The waters Inch wa II the shores OF C+'Fl'
The exercise OF his supervision could scarce
y fail 10 lcud. It not 10 abuses, certainly to
collisions pcrilous 10 the peaceful relations
There can br little doubt to what result
such supc vision would before long draw
his nanOn. II would be unworthy OF the
United States To nau- uratc the pos~lbilllles
of such result by mea-urer- of queSllohAblr
righl on uNpcdlrncy or by any lndlrertlnn
Hpurt from any question of theoretical rlRht,
lam ~lt i~tiud that while the uccorIiunct ol
bulligcrcnt rights to the insurgents IN CuDd
might give them II hope aud lnducrmenl 10
pro rdCt the struggle II would he Dut a -ciu'
size hone and would not remove the tkl
which the government and It's people are ex-
pcrirnciug, but would draw the lhitcd states
into compict ions which II has waited long
and suffered much to avoid. Thc recbgnl-
ton OF the independence q thc DtlltH0lonts
being thus, in my judi mcnt, equally mad
ni-, able, IT RENAL IS To Cpn~lucr what COURSE
shall be- adopted, should the conti mot soon
be Drought to an end by the act of the parties
themselves. and should the evils winch re-
suit thcreirom, Affecting all nations ana par
tiCulurly United states, continue, III such
events | am OF the opinion that other nations
will he compelled TO assume the rcspousl'
bllity which dUyOVes upon them, ana so SER
lousy consider the only remaining measures
possible, mediation and intervention owing
perhaps, to the large cNpausc OF water selar-
ling the Island from the personal sympathy
between the inhabitants of the colony and
those sent thilhGr to exile them, and the
tom of Europe, TO the present time, ANA to
inc ideas which the events OF the past
century have developed, the cOutcnding
paItir appear to have within themselves no
Il positoTS OF common confidence TO suggest
wisdom, when passion ana eNcitement have
sway and TO assume the part OF pcncomuk rs,
In tuis view in the cHtlirr day OF the contest,
the good offers OF The uulted States Us mcdi.
Alur were rendered In good iuilh, wit. out
any selfish purpose, in The interest OF hu'
munity, and IN sincere friendship for bolh
parties ThOs offers were NJ the time de-
clinCd by spain, with the declaration never
| thc!css, that ut u future time they would be
Indispensable, No intimution hos heen Ip'
CeiVCd that in the opinion of SPAN that tine
Ina been reached. ana vet the siliit COniin-