The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1875-12-11

shown strength and endurance which make
il at least doubtful whether 1t be in the pow
er of Spain to subdue, it seems questionable
that no such civil organization exists when
may be recognized as an independent gov
eminent, capable of performing its obliga
lions, and entitled to be treated as one OF the
4 powers of the earth. A recognition, under
such circumstances, would be
| INCONSISTENT WITH THE FACTS,
and would compel the power giving II soon
to support by force the Government to which
l 1t had really given It's only real claim OF eXls
tcnce.
In my Judgment the United States should
adhere TO the policy and the principles which
have heretofore been its sure and safe guides
in like contests between revolted colonies and
their mother country, and acting only upon
the clearest evidence, should avoid any posi-
bility of suspicion of impulation. A reCog
milton of the independence of Cuba being, In
my opinion, impracticable and indefensible
the question which next presents itself is
that of
RECOGNITION OF BELLIGERENT RIGHTS
in the parties to the contests.
In former message to Congress had oc
casion to consider this question. and reached
the conclusion that the conflict in Cuba
dreadful and devastating rs were It's incidents
did not rise to the fearful dignity of war Re
garding it now, after lapse of time, AM I'M
able to see that any notable success, or any
marked or real ADVANCE, on the part of the in
surgcnts has essentially changed the charaC
ter of the contest 1t has acquired greater
age, but not greater or more formidable pro
portions.
1t is possible tbs, the acts of foreign pow
ers, and even acts of Spain herself, of this
very nature, might be pointed TO IN defense
of such recognition, but now, as in its past
history the United States should carefully
avoid the false lights which might lead 1t in
to the mazes of doubtful law and questions
bic propriety, and adhere rigidly and sternly
to the rule which has been its guide, and do
ing only that which is right and honest and
of good report
The question of according or of withhold
| ing rights Of belhgefency must be Judged IN
every case in view OF the particular attending
facts unless justified by necessity, it is al
ways and justly regarded rs an uniriendy act
and a gratulOus demonstration of moral sup.
port to the rebellion 1t is necessary and il
| is required, when the interests and right OF
another Government or of its people, are so
far affected by a pending civil conflict as to
require definition Ct its relations to the par.
ties thereto. But this conflict must be one
|
ternational law as war bellgerence, too, in
fact The mere existence efcontendi1g arm.
ed bodies and their occasional conf lets, do
not constitute war 10 the sense referred TO-
Applying to the existing condition of affairs
in Cuba the tests recognized by publclstS and
writer's on international law, and which have
been observed by nations of dignity, honesty
and power when free from sensitive or selfish
and unworthy motives, | fail to find in the
instruction the existence of such substan.
| tial political organization, real and palpabe
and manifest to the world, having the forms
and capable of the ordinary function of gov.
eminent toward its Own people and to other
states, with courts for administration of JUS
tlce, with local hab tation possessing such
organization of force, such material, such
occupation of territory as to take the contest
out OF the category of mere rebellious in.
surrection or occasional sklrmishes, aud place
1t on the terrible footing of war to which a
recognition of belligerency would aim to Gle
vate it. The contest, moreover, is solely on
land; the instruction has not possessed it.
self OF IA single seaport whence II may send
forth lis flag, nor has it any means of com.
munlcation with foreign powers except
through military lines of its adverSries. No
apprehension OF any OF those sudden and diff
ticult complications which war upon the
ocean is apt 10 precipltate upon the vessels
/ both commercial and national and upon the
consular officers Of other powers, calls for the
definition of their relations to the parties to
the contest Considered as a question of eX.
! pediency, regard the accordance of bellig
crent rights still to be as unwise and prcma
ture as | regard it to be at present indefensi
BILE. AS "a measure ofright such recognition
entails upon the country according TO the
rights which flow from it, difficult and com
| plcated duties, and requires the action from
tho cOntending parties of the strict observ-
ance of their rights and obligations. 1t con
lers the right OF search ugon the high seas by
vessels of both parties. 1t would subject the
carrying of arms and ammunition of war
which now may be transported freely and
without interruption IN the vessels of the
United States, to detention and 10 possible
seizure. 1t would give rise to countless vex
atious questions, would release the parent
government from responsibility for acts done
| by the Insurgents, and would invest Spain
with the right TO exercise the supervision
recognized by our treaty of 1895 over oul
commerce on the high seas, IA very large par
of which, in its traffic between the Atlantic
and the Gulf States, and between all of them
and the states upon The Pacific, passes through
the waters which wash the shores Of Cuba
| The exercise of this supervision could scarce
fail to lead, If not to abuses, certainly to col
llsions perllous to the peaceful relations o
the two states. There can be little doubt t,
what result such supervision would, bcfor,
long, draw this nation. 1t would be unwor
thy of the United States to inaugurate the pcs
siDllues of such result by measures of qurs
tlonable right or eXpediency, or by any indi
rection.
Apart from any question of Theoretical
right, am satisfied that, while the accord
ancc of beligerent rights 10 the insurgents il
Cuba might give them 4 hope and induce
ment to prolract the struggle, ii would be bu
Il delusivc hope, and would not remove tn,
evils which this government and its peopl,
are experiencing, but would draw the United
STATES into complications which it has waite,
long and already suffered much TO avoid
The recognition of independence or of bel
lgerency beng thus in my judgment equal,
inadmissible, it remains to consider VIVA
course shall be adopted should the conilic
not soon be brought to an end by acts Of tn
parties themselves, and should the evil
which result therefrom, affecting all nations
e nj