Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1851-09-26
International Law.

International Law.
We copy the following from the Gin
cinnati Gazette, as being the first discus
sion on the ground of international law,
we have seen, of the question of which
! il treats. 80 ~ E5ZfE
The writer. Judge Wright. is one of
The most profound jurists in the country.
and his opinions are entitled 10 great
weight.
THE CUBAN PRISONERS.
The right TO engage in public war 10
a National right. II is exerted only by
Nation against Nation. But the sub
jec,s of any government have the right
to change their government, and If op-
pressed by its tyranny, they may use
force to effect revolution. In such ca
ses, where the subjects OF any govern
ment make war upon their rulers sus-
| tanned by any portion OF the subjects of
the same power, the war is called "cir-
IL Uar." Prisoners captured in civil
war, as we'll as those captured in public
wars between Nation and Nation. accor.
ding TO modern usage are retained, treat
ed with humanity. and exchanged. This.
though the general rule, is not always
held to apply to sudden, causeless, anc
violent outbreaks. In such cases, those
taken in arms against the laws, are secu-
red, tried and punished as rebels, under
Martial and civil law, according as .heir
offence shall be martial or civil. ?.
How do these principles apply to the
present state of things in Cuba! We
do no. know of any rising among the
subjects of the Spanish government
there, to relieve themselves of its tyran-
ny, to effect a revolution, and establish
another government in Cuba. No civil
war, is known to exist there, just or un-
just. What then have we! A band Of
adventures, citizens of the u. States,
headed by Cuban refugee, and lew
citizens Of other nations, have banded
themselves together. as an invading ar
my, and Of their own motion. made
descent on the island of Cuba proclaim.
ing lis independence of Spanish control,
inviting the subjects OF the existing gov
ernment to unite with them in putting
down the old government, and in estab-
fishing new one, more free. These in
vaders are pursued, and a portion of them
taken prisoners. Are they prisoners of
war, and TO be treated as such! or are
they outlaws, from other countries, act
ing as individual maranGers. protected
by no national flag! No existing nation
is at war with Spain, and the invaders
make no pretence of national authority
TO carry on a public war. As mdividu-
ais, single or in confederation. they have
no righ, to make public war. They
were not subjects o: Spain, and be her
rule ever SO oppressive and tyrannical,
they do not feel the oppression, and
have no right TO engage in civil war to
overthrow and establish better govern.
ment. Acting as mere individuals thev
are pirates or marauders. If the sub
jects of Spanish mlsrule in Cuba had
risen against oppression, and. were enga-
ged in revolutionary struggle, they
might be recognized by nations or indi-
viduals, countenanced and encouraged
IN the right by nations. and aided and as.
sisted by public spirited individuals. do
ing battle with the dawn-trodden and OPP
pressed, against tyranny.
But unfortunately for those men who.
having effected a landing in Cuba, were
there taken in arms By the troops of the
government, they have neither the pro-
lection or excuse arising from either of
the conditions proposed. They have
placed themselves beyond the pale of
law, and beyond its protection, and the
conquering party in its own discretion
may dispose of them. To be sure, any
government at peace with Spain, may. If
il choose to do so, remonstrate against the
departure from the usages of modern
warfare, and violation of known rules Of
humanity, received as OF general obliga-
tion in such cases. The security of the
State may require such prisoners to be
closely confued, bu, to take their lives is
savage, cruel, unusual, an offence against
the moral sense of the world, and there
fore indefensible.
Some say, these prisoners should have
been kept as prisoners Of war, for ex-
change. If public or civil war existed,
that is true, but no war did or does exist,
and what parties are there TO contest, be-
tween whom cartel Of exchange could
be settled. We sympathise with the
friends OF those deluded, deceived, and
unfortunate young men, and condemn, as
wanton and unjust, the unusual order of
the Captain General of Cuba. by which
they were executed. But this should
not induce us to shut our eyes upon the
true state of the facts of the case, nor
upon the known principles applicable to
them.