Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-12-08

so'1ihg from us 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
ealtE. While conscious that the instruction
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
uuquestionable that 90 such civil ORGANIZATION
exists which may be recognized as an indenen-
dent government capable Of performing its in
ternatonal obligations, and entitled to be treated
as one of the Powers of the Garth. A recopn,.
ton under such circumstances would be ipcon-
slstcnt with the facts, and would compel the
Power granting it 5000 to support by force the
Government to which it had really given it's
only claim of existence.
BELIIGERENT RIGHTS.
In my judgment the United States should
adhere to the policy and the principles which
have heretofore been its sure safe-g guides in
like contests between revolted colonies and their
mother country, apd acting only upon the
clearest evidence, should avoid any possibility
OF suspicion or of imputation. A recognition
of the independence of Cuba being in NV opn.
ion lmpractlcable and indefensibe, the oucs
ton which next presents itself is that OF the
recognition of belllgerent rights in the parties
W tuo CUuleSU.
10 former message to Congress | had CO.
caslon to consider this question, and reached
the conclusion that the conflict in Cuba, dread
tul and devastating as we're its Incidents did
not rise to the fearful dignity of war. Regard
ing it now, after the lapse Of time, lam unable
to see that any notable success or any marked
OF 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 recognition;
but now, as IN its past history, the Uuited
States should carefully AVOID the false lights
which might lead it into the mazeS of doubtful
law and OF questionable propriety, and adhere
rlgldlY and sternly to the rule which has been
its guide, of doing only that which is right and
honest aud of good report.
The question of according or of withholding
rights OF belgcreucy must be Judged 10 every
case, 10 view OF the particular attending facts
Unless Justified by necessity, it is always and
justly regarded as au unfrleudly act and a gratu
ltous demonstration of moral support to the
rebellion. 1t Is necessary, and 1t is required
when the interests aud rights of another gov
| erDmcnt or Of its people, are so far effected by
pending civil couf,ct as to require definition
OF It's relations to the parties thereto. But
this conflict must be one which will be recuy-
| nlzed IN the sense OF international law as war.
Belllgerency, too, is fact. The mere existence
of coDtendlng armed bodies, and their OCCASION
al CONFLICTS, do dot constitute war in the sense
referred 10. Applying to the existing condi
ton of affairs in Cuba the tests recognized by
publlclsts and writer's GU the international law.
and which have been observed by nations of
dignity, honesty and power when free from
sens tive or selfish aud unworthy motives, |
Tall 10 hnd IN the lnsurrection 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 Tor the administration of
justice, with local habitation, possessing such
| organization or force, such material, such occu.
| patton OF territory as to take the contest out of
the Cat CORY OF mere rebellious insurIcct,ou,
OF occasional skirmishes, aud place it on the
terrible footing of war, to which recognition
OF belligerency would aim to elevate it.
The contest, moreover, is solely OIL land
The instruction has cot possessed itself of a
sngle seaport whcnce it may seud forth its flag,
nor has 1t any mcaos o. communication with
toiSiSa OHSiS CASSpl Tue mllltQfV
lines of its adversarics. No apprehension Of
any OF those sudden aud difficult complications
which war upon the ocean is apt to precpi-
tate upon the vessels, both commercial and ma.
tlonal, and upon the consular officers of other
Powers, calls for the definition of their reIa
tons to the parties to the contest. Considered
as question of expedleucy, regard the ac-
cordance OF belligerent rights still t. he as un-
wise and premature as | regard ait to be at
present, lDdeteDslble as Il measure of right
Such recognition entails upon tho country &C
cordlDg the rights which flow from il difficult
and complicated duties, and requires the exac-
ton from the contendlng parties Of the strict
observance OF their rights and obligations 1t
contcrs the right of Search upon the high seas
by vessels OF both parties; it would subject the
carrying OF arms and munitions Of war which
now may be transported freely aud without in.
terruptlon 10 the vessels Of the Uuited Stltes,
to detention and to possible seizure; it would
give rise to countless veXatlous questions; would
release the present government from RESPONSE
bility for acts done by the insurgents, and would
invest Spain with the right to exercise the su-
perVision recognized by our treaty OF 1895 over
our commerce Oh the high seas very large
part Of which, in its traffic between the At
lantio 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 COL
lisioDs perilous to tho peaceful relations Of the
two States. There can be little doubt to what
result such supervision would before long draw
this nation, 1t would be unworthy Of the
United States to inaugurate the possibilities of
such result by measures of questionable right
or expediency, or by any ndirectiou apart
from any question OF Theoretical right. [ am
satisfied that while the accordance of beIlige-
rent rights to the insurgents 10 Cuba might
give them hope and an inducement to protract
the struggle, it would be but delusive hope,
and would not remove the evils which this gov
eminent and its people are experiencing, but
would draw the United States into comphca
tons which it has waited long and already SUI
fered much to avoid. The recognition Of indie
pendeuce or belligereDcy being thus, 10 my
judgment, equally inadmissible, it remains to