In such cases other nations
simply deal with an actually existing condition of things, and recognize
as one of the powers of the earth that body politic which, possessing
the necessary elements, has in fact become a new power. In a word, the
creation of a new state is a fact.
To establish the condition of things essential to the recognition of
this fact there must be a people occupying a known territory, united
under some known and defined form of government, acknowledged by those
subject thereto, in which the functions of government are administered
by usual methods, competent to mete out justice to citizens and
strangers, to afford remedies for public and for private wrongs, and
able to assume the correlative international obligations and capable of
performing the corresponding international duties resulting from its
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 earth.
While conscious that the insurrection in Cuba has shown a strength and
endurance which make it at least doubtful whether it be in the power
of Spain to subdue it, it seems unquestionable that no such civil
organization exists which may be recognized as an independent government
capable of performing its international obligations and entitled to be
treated as one of the powers of the earth.
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