G38 



PUBLIC DOCUMENTS. 



simultaneously through all the Spanish-American 

 continental colonies resulted in the establishment of 

 new States, like ourselves of European origin, and 

 interested in excluding European politics and the 

 questions of dynasty and of balance of power from 

 further influence in the New World. 



The American policy of neutrality, important be- 

 fore, became doubly so from the fact that it became 

 applicable to the new republics as well as to the 

 mother country. 



It then devolved upon us to determine the great 

 international question at what time and under what 

 circumstances to recognize a new power as entitled 

 to a place among the family of nations, as well as the 



Ereliminary question of the attitude to be observed 

 y this Government toward the insurrectionary party 

 pending the contest. 



Mr. Monroe concisely expressed the rule which has 

 controlled the action of this Government with refer- 

 ence to revolting colonies, pending their struggle, by 

 saying : 



As soon as the movement assumed euch a steady and 

 consistent form as to make the success of the provinces 



Erobable, the rights to which they were entitled by the 

 iws of nations as equal parties to a civil war were ex- 

 tended to them. 



The strict adherence to this rule of public policy 

 has been one of the highest honors of American 

 statesmanship, and has secured to this Government 

 the confidence of the feeble powers on this continent, 

 which induces them to rely upon its friendship and 

 absence of designs of conquest, and to look to the 

 United States for example and moral protection. It 

 has given to this Government a position of promi- 

 nence and of influence which it should not abdi- 

 cate, but which imposes upon it the most delicate 

 duties of right and of honor regarding American 

 questions, whether those questions aft'ect emanci- 

 pated colonies or colonies still subject to European 

 dominion. 



The question of belligerency is one of fact, not to 

 be decided bv sympathies for or prejudices against 

 either party. The relations between the parent State 

 and the insurgents must amount, in fact, to war in 

 the sense of international law. Fighting, though 

 fierce and protracted, does not alone constitute war. 

 There must be military forces acting in accordance 

 with the rules and customs of war, flags of truce, 

 cartclsj exchange of prisoners, etc. ; and to justify a 

 recognition of belligerency there must be, above all, 

 a de facto political organization of the insurgents 

 sufficient in character and resources to constitute it, 

 if left to itself, a State among nations capable of 

 discharging the duties of a State, and of meeting 

 the just responsibilities it may incur as such tow- 

 ard other powers in the discharge of its national 

 duties. 



Applying the best information which I have been 

 able to gather ? whether from official or unofficial 

 sources, including the very exaggerated statements 

 which each party gives to all that may prejudice 

 the opposite or give credit to its own side of the 

 question, I am unable to see in the present con- 

 dition of the contest in Cuba those elements which 

 are requsite to constitute war in the sense of inter- 

 national law. 



The insurgents hold no town or city, have no estab- 

 lished seat of government ; they have no prize courts, 

 no organization for the receiving and collecting of 

 revenue, no seaport to which a prize may be carried, 

 or through which access can be had by a foreign 

 power to the limited inferior territory and mountain 

 fastnesses which they occupy. The existence of a 

 Legislature representing any popular constituency is 

 more than doubtful. 



In the uncertainty that hangs around the entire 

 insurrection there is no palpable evidence of an elec- 

 tion of any delegated authority, or of any govern- 

 ment outside the limits of the camps occupied from 

 day to day by the roving companies of insurgent 



troops : there is no commerce, no trade, either inter- 

 nal or foreign ; no manufactures. 



The late commander-in-chief of the insurgents, 

 having recently come to the United States, publicly 

 declared that '' all commercial intercourse or trade 

 with the exterior world has been utterly cut off;" 

 and he further added, " to-day we have not ten thou- 

 sand arms in Cuba." 



It is a well-established principle of public law that 

 a recognition by a foreign State of belligerent rights 

 to insurgents under circumstances such as now exist 

 in Cuba, if not justified by necessity, is a gratuitous 

 demonstration of moral support to the rebellion. 

 Such necessity may yet hereafter arrive ; but it has 

 not yet arrived, nor is its probability clearly to be 

 seen. 



If it_be war between Spain and Cuba, and be so 

 recognized, it is our duty to provide for the conse- 

 quences which may ensue in the embarrassment to 

 our commerce and the interference witn our revenue. 



If belligerency be recognized, the commercial ma- 

 rine of the United States becomes liable to search 

 and to seizure by the commissioned cruisers of both 

 parties ; they become subject to the adjudication of 

 prize courts. Our large coastwise trade between the 

 Atlantic and the Gulr States, and between both and 

 the Isthmus of Panama, and the States of South 

 America engaging the larger part of our commercial 

 marine, passes, of necessity, almost in sight of the 

 island of Cuba. Under the treaty with Spam of 1795, 

 as well as by the law of nations, our vessels will be 

 liable tp visit on the high-seas. In case of belli- 

 gerency the carrying of contraband, which now is 

 lawful, becomes liable to the risks of seizure and 

 condemnation. The parent Government becomes re- 

 lieved from responsibility for acts done in the insur- 

 gent territory, and acquires the right to exercise 

 against neutral commerce all the powers of a party 

 to a maritime war. To what consequences the exer- 

 cise of those powers may lead is a question which I 

 desire to commend to the serious consideration of 

 Congress. 



In view of the gravity of this question, I have 

 deemed it my duty to invite the attention of the war- 

 making power of the country to all the relations and 

 bearings of the question in connection with the dec- 

 laration of neutrality and granting of belligerent 

 rights. 



There is not a de facto government on the island 

 of Cuba sufficient to execute law and to maintain 

 just relations with other nations. Spain has not been 

 able to suppress the opposition to Spanish rule on the 

 island, nor to award speedy justice to other nations 

 or citizens of other nations when their rights have 

 been invaded. 



There are serious complications growing out of the 

 seizure of American vessels upon the high-seas, exe- 

 cuting American citizens without proper trial, and 

 confiscating or embargoing the property of American 

 citizens. 



Solemn protests have been made against every in- 

 fraction of the rights either of individual citizens of 

 the United States or the rights of our flag upon the 

 high seas, and all proper steps have been taken, and 

 are being pressed, for the proper reparation of every 

 indignity complained of. 



The question of belligerency, however, which is to 

 be decided upon definite principles and according to 

 ascertained facts, is entirely different from and un- 

 connected with the other questions of the manner in 

 which the strife is carried on on both sides, and the 

 treatment of our citizens entitled to our protection. 

 These questions concern our dignity and responsibil- 

 ity, and they have been made, as I have said, the 

 subjects of repeated communications with Spain, and 

 of protests and demands for redress on our part. It 

 is hoped that these will not be disregarded ; but, 

 should they be, these questions will be made the 

 subiect of a further communication to Congress. 



U. S. GRANT. 



