Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-12-08

| those of the Island Moreover the property o
our citizens In Cuba is large and is rendered inse
| cure and deprecated in value and in capacity o
production by the continuance of the strife an'
| the unnatural mode of its conduct. The same
true, differing only in degree, with respect to tn
interests and people of other nations, and the alb
sence of any reasonable assurance OF nea
termination of the conflict must of necessity so0I
! compel the States thus suffering to consider wha
! the interests OF their own people and their duty
! toward themselves may demand.
| l have hoped that Spain would be enabled Il
establish peace in her colony, to afford security L
the property and the interests of our citizens anC
allow legitimate scope to trade and commerce and
| the national productions of the Island Because
of this hope. and from the extreme reluctance Il
interfere In the most remote manner in the affairs
| of another and friendly nation, and especially Of
| one whose sympathy and friendship in the strug
remembered with gratitude, have patiently and
anxiously waited the progress of events.
Our own civil conflict is too recent for US not to
consider the difficulties which surround Govern
ment distracted by dynastic rebellion at home
at the same time that il has to cope with a sepa-
rate instruction in distant colony. But, what
which so previously affects interests, 1t exists
with all its attendant evils, operating directly
upon this country and its people. Thus far all
the efforts of Spain have proved abOrtive, and
time has marked no improvement in the situation.
The armed bands of either side now occupy nearly
the same ground as in the past, with the differ
ence, from time TO time, OF more lives sacrificed.
more property destroyed, and wider extent of fer
tile and productive fields and more and more OF
valuable property constantly wantonly sacrificed
to the incendiary's torch.
In contests of this nature where a considerable
body of people who have attempted to free them
selves of the control of the superior government,
have reached point in occupation of territory, in
power and In general organization as to cOnsti-
lutte in fact body polite, having government
in substance as well as in name, possessed of the
elements of stability and equipped with the ma
chinery for the administration of internal policy
and the execution of its laws prepared and able
to administer justice at home, as well as in its
Aaa in ha
nce of those other powers to recognize its exist
ence as new and Independent nation In such
cases other nations simply deal with an actually
existing condition of things and recognize as one
of the powers of the earth that b6iy polite
which, possessing the nee ssary elements, has in
fact become a new power. In a word. the creation
of a State is fact.
To establish the condition of things essential to
the recognition of this fact there must be people
occupying a known territory, united under some
known and defined form of government, acknowl-
edged by those subject thereto, in which the func
lions of government are administered by usual
methods competent TO mete out justice to citizens
and strangers; TO afford remedies for public and
for private wrongs, and able to assume the cor
relative international obligations, and capable of
performing the corresponding interna tiOnal du-
ties resulting from its acquisition of the rights of
sovereignty. A Power should exist complete in its
organization, ready to take and able TO maintain
its place among the nations of the earth. While
conscious that the instruction in Cuba has shown
n strength and endurance which make it at least
doubtful whether it be in the power of Spain to
suDuue IL, IL seems ulQuestiOnaDle Lfldt 10 sucH
civil organization exists which may be recognized
an Independent government capable of per-
forming its International obligations, and entitled
to be treated one of the Powers of the earth. A
recognition under such circumstances would be
inconsistent with the facts, and would compel the
Power granting ii soon to support by force the
Government to which II had really given Its only
claim of existence.
In my Judgment the United States should ad-
here 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 possibility Of suspicion
or of imputatfon. recognition OF the independ-
ence of Cuba being in my opinion impracticable
and indefensible, the question which next presents
itself is that of the recognition of belligerent
rights in the parties to the contest.
In a former message to Congress had occasion
to consider this question, and reached the conclu-
sion that the conflict In Cuba, dreadful and de-
vastating its incidents, did not rise to the
fearful dignity of war. Regarding il now after
this lapse of time, am unable to see that any
notable success or any marked or real advance on
the part of the insurgents has essentially changed
the character of the contest. 1t has acquired
greater age but not greater or more formidable
proportions 1t is possible that the acts of foreign
powers, and even acts of Spain herself of this
very nature, might be pointed to in defense of re-
cogntion; 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 of questionable propriety, and
adhere rigidly and sternly to the rule which has
been its guide, of doing only that which is rig hit
and honest and of good report.
The question of according or OF Withholding
rights of belligerency must be Judged in every
case, in view of the particular attending facts.
Unless justified by necessity, it is always and
Justly regarded as an unfriendly act and gratu-
itous demonstration of moral support to the re-
belIion. 1t is necessary, and il is required when
the interests and rights of another Government,
or of its people, so far effected by a pending
civil conflict as to require definition OF its rela
lions to the parties thereto. But this conflict
must be one which will be recognized in the sense
of international law as war. Belligerency, too, is
a fact. The mere existence of eontending armed
bodies and their occasional conflicts, do not con-
stitute war in the sense referred to. Applying
to the existing condition of affairs in Cuba the
tests recognized by publicists and writer's on In
ternational law, and which have been observed by
nations of dignity, honesty and power, when free
from sensitive or selfish and unworthy motives,
fail to ind in the instruction the existence of
such substantial political organization real,
palpable and manifest to the world. having the
forms and capable of the ordinary functions of
government toward its own people and to other
States, with courts for the administration of
Justice, with local habitation, possessing such
organization of force, such material, such occu-
patton of territory as to take the contest out of
the category of mere rebelious insurrection, or
occasional skirmishes and place 1t on the terrible
footing of war, TO which recognition of bellger-
ency would aim to elevate 1t.
The contest, moreover, is solely on land. The
insurrection has not possessed itself of a single
seaport whence it may send forth its flag, nor has
it any means of communication with foreign Pow
ers except through the military lines of its adyer-
sares. No apprehension of any of those sudden
and difficult complications which war upon the
ocean is apt to preciptate 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 Con-
sidered as question of expediency, regard the
accordance of belligerent rights still to be
wise and premature as regard it to be at present,
indefensible as a measure or right. Such recog-
milton entails upon the country according the
rights which flow from it difficult and complicated
duties, and requires the exaction from the con-
tending parties of the strict observance of their
rights and obligations. 1t confers the right of
search upon the high seas by vessels Of both par
ties; it would subject the carrying of arms and
munitions of war, which now may be transported
freely and without interruption in the vessels OF
the United States, to detention and TO possible
seizure; il would give rise to countless vexatious
questions, would release the parent Government
from responsibility for acts done by the insur-
gents, and would invest Spain with the right TO
exercise the supervision recognized by our treaty
of 1895 over our commerce on the high seas, very
large part of which. in its traffic between the At
lantic and the Gulf States. and between all OF
them and the States on 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 collisions
perilous TO the peaceful relations Of the two
States. There can be little doubt to what result
such supervision would before long draw this ma
ton Ii would be unworthy OF the United States
TO inaugurate the possibilities of such result by
measures of questionable right or expediency, or
by any indirection apart from any question OF the
oretical right. l am satisfied that while the ac-
cordance of belligersnt rights to the insurgents
In Cuba might give them hope, and an induce
ment to protract the struggle, it would be but a
delusive hope, and would not remove the evils
which this Government and its people are expe-
riencing, but would draw the United States into
complications which 1t has waited long and
already suffered much to avoid. The recognition
of Independence or bellgerency being thus, in my
Judgment equally inadmissible, II remains to con-
slider what course shall be adopted should the con-
f1ct not soon be brought to end by acts Of the
parties themselves and should the evils which
result therefrom, affecting all nations, and par
ticularly the United States, continue.
In such event i am of the opinion that other ma
tions will be compelled to assume the RESPONSE
bility which deyolyes upon them, and to seriously
consider the only remaining measures possible
mediation and Intervention. Owing. perhaps, to
from the Peninsular, 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 colonial system
OF Europe to the present times and to the ideas
which the events OF the past century have deyel.
oped; the contending parties appear to have
within themselves no depository of common conf
dence to suggest wisdom when passion and excite
ment have their sway and TO assume the part o.
peacemaker. In this view, in the earlier days o.
the contest the good offices Of the United States
as mediator, were rendered in good faith with
out any selfish purpose, in the interest of human
ity and in sincere friendship for both parties, but
were at the time declined by Spain. with the decla
ration. nevertheless. that at a future time they
would be Indispensable
No intimatiun has been received that in the
opinion of Spain, that time has been reached. And
yet the strife continues with all its dread horror:
and all its injuries to the interests of the United
States and of other nations. Each party seem.
thin and sfnr