The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1875-12-09

ton which has been pending for several years, and
which, while it continued open, might more or less
disturb the good understanding which 1t IS desila-
1 BILE should be maintained between the Republics.
/ Arecprocity treaty with the King Of the Hawaiian
/ Islands was concluded some months ago. 1t con-
tains stipulation that it shall not go into erect
until Congress shall enact the proper legislation Tor
| the purpose. Copies of the instrument are mere
with submitted, in order that if such should be the
pleasure of Congress- the necessary Legislation upon
I the subject may be adopted.
In March last, an arran gement was made through
Mr.. Cushing our Minister in Madrid, with the
Spanish Government, for the payment by the latter
to the United States of the Of IN coin for
the purpose of the relief of the families or persons
of the ships company and certain passengers OF the
Virgnius. This sum was to have been paid in three
lnstallments of two months each. 1t Is due TO the
! Spanish Government that I should state that the.
| payments were fully and speedily anticipated by
| that Government. and that the whole amount was
! paid within but few days more than TWO months
from the date of agreement copy Of which is here
with transmitted. In pursuance of the terms OF adj
| justment. / have directed distribution of the
amount among the parties entitled thereto, lnclud-
ing the ships company and such OF the passe myers
| as were American citizens. Payments are made ac-
cordingly the application OF The parties entitled
! thereto.
The past year has furnished no evidences of sn
! approaching close Of the ruiEous conflicts which
have been raging for seven years in the ne1ghbor-
ing island of Cuba. The same disregard of the laws
OF civilized warfare, and OF the just. demands OF
humanity, which have heretofore called forth ex-
/ pressiOns of condemnation from the nations OF
ChristendoIn, have continued to blacken the sad
scene. Desoation, ruin and pillage are pervadlng
the rich fields of Of the most fertile and produc-
tive regions of the EARTH and the incendiaries torch,
bring plantations and valuable factories and build
ngs is the agent marking the alternate advance or
retirement of conending parties The protracted con-
tnuance of the strife seriously affects the interests
Of all commercial nations, but those of the United
States more than others, by reason OF close prox-
unity, its larger trade and intercourse with Cuba,
and the frequent and intimate personal and social
relations which have grown up between its citizens
and those of the island. Moreover, the prop
| erty of our citizens in Cuba is large, and
is rendered insecure and deprecated
in value and in capacity of production. By the
continuance of the strife and the unnatuTaFmode
of it's conduct, the is true, differing only in
degree with respect to the interests and people OF
other nations, and the absence of any reasonable
assurance of near termination of the conflict,
must Of necessity compel the States thus suf
ferng to consider what the interests of heir own
people and their duty toward themselves may coun-'
sci. have hoped Spain would be enabled to estab
lsh peace in her colony, to afford security to the
property and the interests Of our citizens, and al
low legitimate scope to trade and commerce, and
the natural production of the island. Because OF
this hope, and from extreme reluctance to inter-
fcre in the affairs of another and friendly natlons
especially of one whose sympathy end friendship in
the struggling infancy of existence must ever
be remembered with gratitude. 1 have patiently
and anxiously waited the progress of events. Our
civil conflict is too recent for us not to con-
slider the difficulties which surround Government
distracted by dynastic rebellion at home, at the
time that it has to cope with separate insur-
rection in distant colony. But whatever causes
may have produced the situation which grievoug-
y affects interests, it exists with all its attend
ant evils, operating directly upon this country and
its people Thus far all the efforts of Spain have
proved abortive and time has marked no improve
rnent in the situation. The armed BANDS Of either
side now occupy nearythe ground in the past
with the difference from time to time of more lives
sacrificed, more property destroyed, and wider ex-
tent of fertile and productive fields and more vaIUa
ole property constantly and wantonly sacrificed TO
the incendiaries' torch.
In contests of this nature, when considerable
body of people who have attempted to tree them
selves of the control of the superior Government
have reached such point IN occupation of territory,
in power and in general organization as to
constitute in faeta body polite, having govern
ment in substance az well as in name, pos
sessed of the elements of stability and equipped
with the machinery for the administration of inter
nal policy and the execution of its laws, and pre-
pared and able to administer justice at home. as
well as in its dealings with other powers, is within
the province of those other powers to recognize its
existence as q new and independent nation. In
such other nations simply deal with an actual
ly existing condition of things, and recognize
Of the powers of the earth that body polite which,
possessing necessary elements, has, in fact become
power. In word, the creation of a new State
is fact To establish the condition of things essen-
tal to the recognition of the fact, there must be
ueoule occupying a known territory united under
some known and defined form OF government ac-
knowlelged by those subject thereto, in which the
metbods conlpe{ent to mete out justice to citizens
and strangers, to afford remedies for public and
the correlative international obligations,
and capable of performing the corresponding inter-
national duties resulting from its acquisition of the
rights OF sovereignty, q power should exist COM
plete in its organization 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 questionable that no such
civil organization exists which may be recognized
as an independent Government, capable of perform
ing its obligations and entitled to be treated as
of the powers of the earth. recognition, under
such circumstances, would be inconsistent with the
facts and would compel the power giving 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 policy and the principles which
have heretofore been it's sure and safe guides IN
like contests between revolted colonies and their
mother country, and acting only upon the clearest
evidence, should avoid any possibility or suspicion
of intervention. recognition OF the independence
of Cuba being, in my opinion, impractcabe and
indefensible, the question which next presents it
self is that of recognition of beligerent rights in
the parties to the contest ~ t@
In a former message to Congress 1 had occasion
to consider this question, and reached the cOnclu-
sion that the conflict in Cuba, dreadful and devas-
tatng as were its Incidents did not rise to the fear
full dignity of war. Regarding it now, after the
lapse of time, unable to see that any notable
success or any marked real advance, on the part
of the insurgents has essentially changed the char
acter of the contest 1t has acquired greater age,
but not greater or more formidable proportions.
Il
even acts of Spain herself, of thus 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 it into the mazes of doubtful law and ques-
tionable propriety, and adhere rgidly 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 beligerency must be judged in every
in view Of the particular attending facts; unless
justified by necessity, it is always and justly re-
garded as an unfriendlY act and gratuitous
demonstration of moral support to the rebellion.
It is necessary and it is required, when the inter-
ests and right of another Government, of its
people, are so far affected by pending
civil conflict as to require definition of
its relations to the parties thereto. But that this
conflict must be one which will be recognized in
the sense of international law belligerence,
too, is fact. The mere existence OF contending
armed bodies and their occasional conflicts do not
constitute war in the referred to. Applying
to the existing condition of affairs in Cuba the tests
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