Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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. Turning to the
practical aspects of a recognition of belligerency and reviewing its
inconveniences and positive dangers, still further pertinent considerations
appear. In the code of nations there is no such thing as a naked
recognition of belligerency, unaccompanied by the assumption of
international neutrality. Such recognition, without more, will not confer
upon either party to a domestic conflict a status not theretofore actually
possessed or affect the relation of either party to other states. The act
of recognition usually takes the form of a solemn proclamation of
neutrality, which recites the de facto condition of belligerency as its
motive. It announces a domestic law of neutrality in the declaring state.
It assumes the international obligations of a neutral in the presence of a
public state of war. It warns all citizens and others within the
jurisdiction of the proclaimant that they violate those rigorous
obligations at their own peril and can not expect to be shielded from the
consequences. The right of visit and search on the seas and seizure of
vessels and cargoes and contraband of war and good prize under admiralty
law must under international law be admitted as a legitimate consequence of
a proclamation of belligerency. While according the equal belligerent
rights defined by public law to each party in our ports disfavors would be
imposed on both, which, while nominally equal, would weigh heavily in
behalf of Spain herself. Possessing a navy and controlling the ports of
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