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Applying to the existing condition of affairs in Cuba the tests recognized by publicists and writers on international law, and which have been observed by nations of dignity, honesty, and power when free from sensitive or selfish and unworthy motives, I fail to find in the insurrection the existence of such a substantial political organization, real, palpable, and manifest to the world, having the forms and capable of the ordinary functions of government toward its own people and to other states, with courts for the administration of justice, with a local habitation, possessing such organization of force, such material, such occupation of territory, as to take the contest out of the category of a mere rebellious insurrection or occasional skirmishes and place it on the terrible footing of war, to which a recognition of belligerency would aim to elevate it.
The extent to which these witnesses are accepted as trustworthy by the people before whom they are quoted determines in a large measure whether or not the evidence will be believed. Tests for determining the trustworthiness of witnesses will next be given. The first test of the source of evidence should be: Is the witness competent to give a trustworthy account of the matter under consideration?
In the first Tract he says: 'A notion has gone abroad that the people can take away your power. They think they have given it and can take it away. They have been deluded into a notion that present palpable usefulness, produceable results, acceptableness to your flocks that these and such-like are the tests of your Divine commission. Enlighten them in this matter.
"They are based entirely upon misrepresentations made by the two men who were disqualified by the tests and dropped from my payroll because of being, in the words of my contract with your union, 'persons of unsound mind, deficient intelligence and/or emotional instability. What happened is that your local official, Crandall, accepted everything they told him uncritically, and you accepted everything Crandall told you, in the same spirit.
"Certainly," said the other, "every order as it comes in is tested. We have two laboratories, a physical and a chemical, and not a scrap of material is used until it is found to be fully up to the specifications. There's no guesswork there, but the most rigid scientific tests. That keeps any poor material from slipping through. "Now," he continued, "I'll show you what happens to those bars."
The only one which need be noticed here is Number XIV, which substituted a federal test of citizenship for state tests and provided that no state should "deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." There was nothing new in these prohibitions.
Three tests of true nationhood, it will be remembered, were suggested at the beginning of this chapter: a state-frontier co-extensive with the nationality-frontier, a unitary state-system, and a form of government recognised by the inhabitants as an expression of their general will.
Thus Ignatius, writing to the Ephesians, adopts the three tests of faith and love and righteousness: "No man professing the faith sinneth; nor does he who professeth love, hate; the tree is known by its fruits; so, likewise, those who profess to be Christ's shall be seen from their deeds."
If the tests had been given in the fourth or the third grade, it would have been found that there were children, even as low as the third grade, who could do as well or better than some of the children in the eighth grade.
Let the tests be negative. But they weren't. Unequivocally they confirmed Copper's diagnosis. Here was the proof he needed. The final test that would prove the Lani human. And he had no way of getting it where it would do any good. It would take at least four months of steady labor before the ship was ready, and he didn't have that sort of time.
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