ower to the limited
interior 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 election, of any delegated authority, or of any
government 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 internal 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 10,000 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 consequences which may ensue in the
embarrassment to our commerce and the interference with our revenue.

If belligerency be recognized, the commercial marine 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 Gulf 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 Spain of
1795, as well as by the law of nations, our vessels will be liable
to visit on the high seas. In case of belligerency the carrying of
contraband, which now is lawful, becomes liable to the risks of
seizure and condemnation. The parent Government becomes relieved from
responsibility for acts done in the insurgent territory, and acquires
the right to exercise against neutral commerce all the powers of a party
to a maritime war. To what consequences the exercise 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