The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1875-12-17
COLUMBIA, TENNESSEE FRIDAY, DECEMBER II, 1875.

: I
| recognized in the sense of international law
| as belligerence, too, is a fact the mere ex-
pense of contending armed bodies and their
| occasional conflicts do not constitute war in
the sense referred to. Applying the existing
condition of affairs in Cuba, tie tests recog-
| nized by pubIcists and writer's in inter-
| national law, and which have been observed
| by nations of dignity, honesty and power.
| when free from sensitive, selfish or unworthy
| motives, | fail to find in the insurrection the
| existence of such a substantial political or
| ganization, real, palpable and manifest in the
world, having the forms and capable of the
| ordinary functions of government toward
! its own people, and to other States, with the
| courts for the administration of justice, with
| Il local habitatiOn possessing such organiZa-
| ton of force, such material, such occupa-
| ton of territory, as to take the control out of
| the category of a mere rebelliOus insurrec-
| ton or occasional skirmshes, and place it on
| the terrible footing of war, which a rccogni-
| ton of belligerency would aim to elevate it.
| The contest moreover, is solely on land; the
| insurrectiOn has not possessed itself of a sin
| gle seaport, whence it may send forth its flag
nor has it any means of communication with
! foreign powers except through the military
| lines of its adversaries; no apprehension of
any of those sudden and difficult coTaplicas
| tions which war upon the ocean is apt to
| precipitate 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 expediency. |
regard the accordance of belligerent rights
still to be as unwise and premature, as l re-
gard it to be at present indispensable as
measure of right. Such recognition entails
upon the country according 10 the rights which
flow from it, difficult and complicated duties,
and requires the action from the contendinG
parties, of the strict observance of their rights
and obligation. 1t confers the right of search
upon the high seas by vessels of both parties.
1t would subject the carrying of arms and
ammunition of war, which now may be trans
ported freely and without interruption in the
vessels of the United States, to detention and
to possible seizures. 1t would give rise to
countless veXatiOus questions, would release
the present government from responsibility
for acts done by the insurgents and would
invest Spain with the right TO exercise the su-
pervsion recognized by our treaty OF 1895
over our commerce on the high seas, a very
large part of which in its traffic between the |
Atlantic and Gulf States and the States upon |
the Pacific, passes through the waters which
wash the shores of Cuba. The exercise of
this supposition could scarce fail to lead, if
not to abuses, certainly to collisions perilous |
to the peaceful relations of the two srates |
There can be little doubt to what result such |
susperv sion would before long draw this ma |
ton. 1t would be unworthy of the United |
States TO inaugUrate the possibilities of such |
a result by measures of questionable right, or |
especially by any discretion.
Apart from any question of theoretical |
right | am satisfied that while the accordance |
of belligerent rights to the insurgents in Cuba |
might give them hope and inducement to |
protract the struggle, il would be but de !
lusivc hope and would not remove the evils |
which this government and its people are |
experiencing, but would draw the United |
States into complications which it has waited |
long and already suffered much to avoid. |
The recognition of the independence or bel |
lifraraur- haiDC Tins in Indictment punallV I
inadmissable 1t remains TO consider what
course shall be adopted should the conflict
nOtsoOn be brought to an end byacts of the par
ties themselves and should the evils which
result therefron!, affecting all nations and
particularly the United States continue, in
such event am of the opinion that other
nations will be compelled to assume the re-
sponsibility which devolves upon them and
to seriously consider the only remaining
measures possible, mediation and interven-
ton. Owing, perhaps, TO the large expanse
of water separating the island from the pen
insUla, the want of harmony and of personal
sympathy between the inhabitants of the
colony and those sent thither TO rule them
and want of adaptation of the ancient colI.
ial system of Europe to the present times ard
the ideas which the events of the past cen
tury have developed, the contending parties
appear to have within themselves no deposi-
tory Of common confidence to suggest wis
dom when passion and excitement have their
sway, and TO assume the part of peace-maker
in this view in the early DAYS of the contest
the good Offices of the United States a me-
diator were rendered in good faith without
selfish purposes i'll the interest of summary
peace and in sincere friendship for both par
ties, but were at the time declined by Spain.
With the declaration, nevertheless that at a
future time they would be indispensable, no
intimatiOn has been received that in the
opinion of Spain, that time has been reached. .
And yet the strife continues, with its dread
horrors and all its injuries to the interest of
the United States and of other nations Each
party seems quite capable to working grea
injury and damage to the other, well as to |
ali the relations and interests which depends
on the existence of peace in the island, but
they seem incapable in reaching ad adjustmcnt !
and thev have thus failed of achieving any /
success whereby one party shall possess and !
control the island to the exclusion of the / I
other. These circumstances, the agency Of
others, either by mediation or by intervcn- =
ton seems to be the only alternative, which t
must sooner or later be invoked, for the ter I
minatiOn of the strife. At the same time,
while impressed, / do not recommend the
adoption of any measure of intervention. |
shall be ready at all times, and as equal I
friend of both parties, to respond to sUgges- I
ton that the good Offices of the United States :
will be acceptable to aid in bringing about +
Il peace honorable to both. 1t is due to |
Spain, so far as this government is concerned,
that the agency of a third power which has !
expedient. Had it been the desire of the q
United States to interfere in the affairs of c
Cuba, repeating opportunities for so dong :
have been presented within the last few i
years, but we have remained passive and l
have performed our whole duty and all in |
obligations to Spain with friendly 1
fairness and fidelity, and with a spirit OF :
patience and fOrbearance, which negatives
every possible suggestion of desire to inter
fere or to add to the difficulties with which
al aAf1tl
of Spain has recently submitted to our Minis .
ter at Madrid certain proposals which II Is 5
thought may be found to be the basis, if not | i
the actual submission of terms to meet the
requirements of hepartieular griefs of which
this government felt itself entitled to com I
plain. These proposals have not yetreached I
me in their full text On their arrival, they !
will be taken into careful examination, and
may, | hope, lead to a satisfactory adjustment :
of the questions to which they refer, and re- {
move the possibility of future occurrences,
such as have given arise to our just COM
plants. 1t is understood, also, that renewed |
efforts are being made to introduce reforms I
in the administration of the island. Per {
suaded however, that proper regard Tor the !
interests OF the United States and OF Its ! I
entitle to relief from the strain TO | {
which it has been subjected by the difficult 2
ties of the questions, and the wrongs and .
losses which arise from the contest III Cuba,
and that the interests of humanity itself
demand the cessation of the strife, before I
the whole island shall be laid waste, and {
larger sacrifices of life be made, shall feel {
it my duty, should my hopes of a satisfac- =
tory adjustment and of the early restoration
of peace, and the removal Of future causes '
Of complaint be unhappily disappointed, to /.
make further communication to congress at
some period not far remote and during the
present session, recommending what may :
then seem to me to be necessary. q
The free zone, so called several years since, !
established by the Mexican Government in
certain of the States of that Republic ada
cent to our frontier, remains in full opera i
ton. 1t has always been injurious to honest c
traffic, for it operates as an incentive to t
toms charges the wants of the inhabitants {
on this side of the line, and prevents the
same wants from being supplied by the mer-
chants of the United States, thereby, to a t
considerable extent defrauding our revenue, 9
and checking honest commercial enterprise.
Depredations by armed bands from Mexico 4