It is possible that the acts of foreign powers, and even
acts of Spain herself, of this very nature, might be pointed to in
defense of such recognition. But now, as in its past-history, the United
States should carefully avoid the false lights which might lead it into
the mazes of doubtful law and of questionable propriety, and adhere
rigidly and sternly to the rule, which has been its guide, of doing only
that which is right and honest and of good report. The question of
according or of withholding rights of belligerency must be judged in
every case in view of the particular attending facts. Unless justified
by necessity, it is always, and justly, regarded as an unfriendly act
and a gratuitous demonstration of moral support to the rebellion. It is
necessary, and it is required, when the interests and rights of another
government or of its people are so far affected by a pending civil
conflict as to require a definition of its relations to the parties
thereto. But this conflict must be one which will be recognized in the
sense of international law as war. Belligerence, too, is a fact. The
mere existence of contending armed bodies and their occasional conflicts
do not constitute war in the sense referred to.
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