The New York herald., 1870-06-03

10 consider both as two states, Independent as re-
nize 10 Judge Of their differences" ello Principles
dc Derecho International, cap. TO- y. 2o7l NJ.
or Jurists and pubcists. and styles rhe ilustrious
Professor OF Heidelberg" IN one OF the most re-
ana esns and learned mas Of the worss on nera ma
duty OF governments 10 recognize Contend.
Ing factions as begerents. Ia his Code or
International Law, y IN defining the character OF war
armed contest between dIaerent States upon ques.
the quality Of beIigerents in armed forces
who. NOT having been recognized ov any any
sas coneaay rssay existing as having the s,
themselves n % YES, military organization, and combat
In Sooa iaith, tn the place Of and as state for
ana 27i.l There is an exception" he continues,
to tite rule that wars can take place only between
Of pb opects a paay ssans e as
,,N' Staie' Il becomes In certain measure the state
Quality Of M soaa be eoeocd nas 10 ,na ls
sonslaeIea . mass Of '''d criminals. Il A IL party
gous TO that Of state which oers BY IL military ai
organization Sufficient guarantees OF ORDER aud
come State, that party has natural right 70 de.
mand FOR Its army the same treatment tnat Is ac-
corded to State already in existence. The
sscrilices OF war are iu that way diminished,
not only for the new parry but for all its
adversaries. IT. ON the contrary, the volunteers OF
becomes more savage and neither OF the adversaries
will allow Itself TO be surpassed by the other the
Under this head are ranged the expeditions under
taken by certain forces called Corps Frame or free
corps When these corps are regularly ORGANIZED
and respect the laws OF war they ought 10 be con-
sidered as belligerents." tBiantscht, page 27l.l
N. Phillimore in his work on internationa.
Is no proposition Of law upon which there exists
more universal agreement OF all urlsts than that the
y o&enS & Ssns . int Us S1s pa ssc sss no mast s.
asserted rights N Of Inc latter he makes a
distinction between the ''virtuap recognition Of
appointment Of consals and the formal recognition
by sending ambassadors and entering into treaties
with the new sta.e by foreign Powers which should
not be done until after "a practical cessation OF hos
ullties,n though IL does not demand 'perfect and
undsturhed internal tranqnllity' within ITS bor-
Sa sion OF the the COMPETENCY Of '' the new @ powers %
TO negotiate and contract engagements under
the law of nations. Philllmores International Law,
vol. 2, PIP. II 22) In case OF revolution, Wheaton
says"Ihe civil war does not necessarily extinguish
me existence OF the sovereign OF parent state, but
civil war, involving contest for the government,
continues, other States may remain indifferent
70 treat the e. ancient I soyeen as sovseg
ami the government de jacO as society, entitled 70
the cause OF the party which they believe to have
justice on its side In the first case the foreign State
Ils all It's obligations under the law OF nations,
and neither party has any right to complain, pro-
yided 1t maintains an impartial neutrality" Part l,
ch 2, g. And again ne says:-"lt says; IL has ,dl, al,
for the sovereignty continues and the civil war
RACES other nations may remain passive allowing 10
both contendns parties all me rgeis Waicn war var
Independence OF the new State forming With 1t
treaties OF amy and commerce, or may join IN ALL.
ance with one party against the other. In the first
case neither party has any right to complain long
as other nations maintain an impartial neutrality
and abide the event OF the contest" lWheaton,
part l. ch. 2, 10)
PHEcEpENTs FOR RECOGNIZING CUBAN BELLIGE
RENCY.
civil war in America all the nations in Europe rccOg
nized and acted upon this doctrine. beiglum
France the Netherlands. Portugal, denmark;
proclamaions declaring Their neutrality and setting
forth regulations for the government OF their sub
ner In which some OF these declarations were made
| and against the manner in which they We're exc
cuted but it never denied the right OF any govern
ment TO declare Its neutrality IN any contest The
declarations Of Great Britain and Spain were sub
stantiaily alike That Of Great Britain was as fol'
iows:-
BY QuEEN--A OBSERVATION-DISCLOSURES r.
s ws s hS a r. M
the s 3, as
% s eur s
sen.e: ssrssn the said Sonsendng parties We
this our royal proclamation &c. Dated May Is isSi
That OF spain was as follOws:-
~ THE or srAs
the United States Of America and the sspsdiensy of no
%S Seen
republic ssye resolved e The q si.s IT,
sf the
suffer both shipping and commerce for Of definite
@ ny Tn s a n.:.. s ssao as IN
| And then the regulations which govern neutral
nations are given as IN the British proclamation,
ner In which the British proclamation was issued
and the faiihless manner In which 1t was executed
but we made no protest against that Of SPAIN whose
| except that 1t repeated the word "belligerents.'
| which was not used In the British proclamation
! On the contrary we accorded TO the Spanish gov
ernment our thanks for her prompt and friendly
action. Mr.. Schurz, American Minister at Madrid
writes to Mr. seward, July Is, 1851, as foilows:-
! 'Sehor Calderon Colantes hen asked me whether
the declaration Of neutrality on the part Of spain IL
regard to our domestic troubles was satisfactory to
tion OF neutrality on the part Of Spain, had received
| no expression OF opinion from my government. ant
that thought IL would.be considered satisfactory
MI Schurz writes TO the Spanish Minister Of State
Sehor Calderon Coliantes, July 81, 1861 as roows:-
s from The
dent hs read with the greatest satisfaction the
afn IA s %
s p.sasa 70 S a . the
prompt decision and friendly action upon this OCCASION
! THE COURSE FOR THE UNITED STATES TO PURSUE
]
wrong because 1t il In accord with the practice O
all civilized nations, nor can the action Of this gov
eminent In defence OF its rights against the policy
Of Spain in CUBA be less defensibie because it fol-
lows literary and exactly the precedent OF Spain in
It's acton with regard TO the civil war In this coun
try. All nations nave been NOTICED that we should
| follow the example set 10y other governments In
| their conduct to US when other methods OF re
dress Of wrongs we're closed against US. The
| President, In his inaugural address, made that de
clarati0n. II would respect the rights Of all ma
TONS" he said, demanding equal respect for oul
own. II others depart from this rule In their deal
ngs with u.s. we may be compeedtO follow thelI
precedent" inaugural address, 4th March, 1862
What objection can Spain make TO o proclamation
OF neutrality in the OF Cuba Identical with
own "prompt decision and friendly action In ths
| case Of the United Statesp What objection
can the European nations. who instantly proclaimed
their neutrality In the civil war in thus country, urge
against the neutrality or the United States in til.
| war between Spain and Cuba, after the unparalleled
atrocities Of eighteen months and the brutal murder
of of American citizens and repeated insults
| to our consular and commercial agentss Great
Britain declared her purpose In regard to the Ameri
cAn n rp IN hQ nj ma N