observed by nations of dignity, honesty, and power
when free from sensitive or selfish and unworthy motives,
I fail to find in the insurrection the existence of
such a 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 a local habitation,
possessing such organization of force, such material,
such occupation of territory, as to take the contest
out of the category of a mere rebellious insurrection
or occasional skirmishes and place it on the terrible
footing of war, to which a recognition of belligerency
would aim to elevate it. 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 powers except through the military lines of
its adversaries. No apprehension of any of those
sudden and difficult complications which a 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, I regard the
accordance of belligerent rights still to be as unwise
and premature as I regard it to be, at present, indefensible
as a 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 contending parties of the strict
observance of their rights and obligations; it confers
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 and without interruption in the vessels of
the United States, to detention and to possible seizure;
it would give rise to countless vexatious questions,
would release the parent Government from responsibility
for acts done by the insurgents, and would invest
Spain with the right to exercise the supervision recognized
by our treaty of 1795 over our commerce on the high
seas, a 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 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 nation. It 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 theoretical right, I am satisfied that
while the accordance of belligerent rights to the
insurgents in Cuba might give them a hope and an inducement