New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-12-08

I
ing q were its incidente, did not rise to the
fearfu! dignity of war. Regarding IL now,
i after this lapse of time, am unable to see
that any notable success or any marked or
real advance on tho part of the insurgents
has essentially chan ged 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
such recognition; but now, as in its past
history, the United States should carefully
avoid the false lights which might lead it
into the mszes Of doubtful law and of ques-
tionable propriety, and adhere, rigidly and
sternly. to the rule which has been its
| guide, doing only that which is right and
honest and of good report.
The question of according or of withhold
ing rights of belligerenoy must be judged
in every case 10 view of the particular at
tending facts Unless justified by neces-
| sity, 1t ia always and Justly regarded as an
| unfriendly act and gratuitous demonstra.
ton OF moral support to the rebellion. 1t
is necessary and it is required, when the
| interests and rights of another government
or of its people are 80 far affected by a
pending civil conflict as to require defini-
ton Of its relations to the parties thereto.
But this conflict must be one which will he
recognized ir the sense of international law
as war. Belligerence. too, is fact. The
| mere existence of contending armed bodies
and their occasional conflicts does not con-
stiute war in the sense referred to. Apply
| ing to the existing condition of affairs in
Cuba the tests recognized by publicists 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, I
fail to fluid in the insurrection the exist
ence of such substantial political organ-
cation, real, palpable and manifest to the
| world, having the forms and Capable of
| the ordinary functions of government to-
ward it's own people and to other States,
with courts for the administration of jus.
| tice, with a local habitation possessing such
organization of force, such material, such
| occupation Of territory as to take the con-
| test out of the category of a mere rebelious
| insurrecti0n, or occasional skrmishes, and
place it on the terrible footing of war to
which a recognition of belligerancy would
| aim to elevate it. The contest. moreover,
| ia solely on land. The instruction has not
| possessed ilstlf of q single 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 complications which q 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 re-
lations to the parties to the contest Con
sidered as a question of expediency, re-
gard the accordance of belligerent rights
still to be as unwise and premature as l re-
| gard it to be at present indefensible as
measure Of right. Such recognition entails
upon the country according the rights
which flow from it, difficult and complicated
| duties, and requires the exactiOn from the
contepding parties of the strict observance
| of their rights and obligations 1t confers
the right of search upon the high seas by
vessels OF both parties. 1t 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. 1t 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 Atlantic 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
scarcely fai! to lead, if not to abuses, Ger.
tainly to collisions perilous to the peaceful
1
tie doubt to what result such supervision
would, before long, draw this nation. IL
| would be unworthy of the Uuited States to
insugurate the possibilities of such u result,
by measures of questionable right or expe-
| diency, or by any indirection.
Apart from any question of theoretical
| right, l am satisfied that while the ac-
cordance of belligerent RICH "a to the insur.
gents in Cuba might give them hope and
| an inducement to protract the struggle, it
would be but a delusive hope and would
not remove the evils which this government
and its people are experiencing, but would
draw the United States into complications
it has waited long and already suffered
| much to avoid.
| The recognition of independence or of
belligerency being thus In my judgment
equally inadmissa ole, it remains to consider
what course shall be adopted should the
conflict not soon be brought to an end by
/ acts of the parties themselves and should
the evils which result therefcom, affecting
all nations and particularly the United
| States, continue. In such event, am of
| opinion that other nations will be COM
PEELED to assume the responsibility which
devolves upon them, and to serio lsly con-
slider the only remaining measures possible,
MEDIATION AND INTERVENTION.
Owing, perhaps, to the large expanse of
| water separating the island from the PEN
insuls, the want OF harm)n y and of per-
sonal sympathy between the inhabitants of
the colony and those sent thither to rule
them, and want of adaptation of the an
| cient colonial system of Europe to the
present times and the ideas which the
events of the past century have developed,
| the contending parties appear TO have
within themselves no depository of common
confidence to suggest wisdom when passion
and excitement have their sway, and to as
sumo the part of peacemaker. In this
view, in the earlier days of the contest, the
go,d offices of the United States as a medi.
ator were rendered in good faith, without
any selfish purpose, in the interest Of hui
manly and in sincere friendship for both
parties, but were, at the time, declined by
Spain, with the declaration, nevertheless,
that at a future time they would be indis
pensable. No intimatiOn has been re-
ceived that in the opinion of Spain that
time has been reached, and yet the strife
continues with all its dread horrors and all
its injuries to the interests of the United
States and of other nations. Each party
seems quite capable of working great injury
and damage to the other as well as to all the
relations and interests dependent on the
existence of peace in the island, but they
seem incapable of reaching any adjustment,
and both have thus far failed of achieving
any success whereby one party shall pos.
sess and control the island to the exclusion
| of the other.
| Under these circumstances the agency of
others, either by mediation or by interven
ton, seems to be the only alternative which
must sooner or later be invoked for the
termination of the strife. At the same
time, while thus impressed, do not at this
time recommend the adoption of any
measure OF intervention. l shall be ready
/ or oil inn ba oil nf hNf