The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-06-03
CUBA.
General BaRks' Forthcoming Report-What
he says on the Duty of the UuIted States.

he says on the Duty of the United states.
1t seems to be understood that the long-pro-
missed report of General Banks on Cuba will not
be submitted to the House of Representatives
until next Monday week. But if by that time
the report be not made, then both Voorhees, and
Logan kwill make regular onslaught aud de-
mand that the House give consideration to the
subject then and there.
The report is very lengthy and elaborate, and
discusses the rise and progress of the insurrec-
ton in detail, as well as the relations of the
island to Spain and to the United States. On
the subject of the duty of the Government of
this country, the report says:-
What then, is the duty OF the United States2
Clearly to recognize the actual condition OF AFFAIRS
and to take such measures as are prescribed by the
laws Of nations for the protection Of rights until
peaceful permanent government can be established.
1t is no longer "Clv commouon," as it has been
hither regarded by the United States nor a mere
domestic question:" as it is represented by the
atrocious civil war. A civil comm0tion is directed
against individuals or against civil magistrates.
1t may reach the standard of seduction nsurrec-
ton, in which a sovereign may disobeyed; but it
is still crime to be suppressed and punished by
State authority, without Intervention and without
affecting rights of foreign governments. civil
part of the citizens on one side and the SOVEREIGN
or those who obey him on the other in regard to
which the action of foreign governments may be-
come absolutely necessary ~ Is sufficient" Vattel
take up arms in order that the disturbance
should be called civil war, and not rebel
people Of Cuba present the best reasons for the
contest they urge. 1t has every claim to
equality and justice. 1t is race struggling for in
dependence-an enslayed peOpe contendng for
liberty-a nation fighting for national existence.
The contest IN which they are engaged has all the
attributes Of barbarOus and bloody civil war, aggra-
vated by the disorders and crimes OF anarchy Our
first duty is to treat it as war and in accordance
with the laws of nations to declare and maintain
in regard to the parties engaged therein strict
and impartial neutrality IA civil war" Vattel
says, sis when a party arises in State which no
longer obeys the sovereign, and is sufficiently
strong to make head against him, or when, in u
public, the nation is divided into two opposite fac
tiOns, and both sides take up arms. - Civil
war breaks the bonds Of society and Of the Govern
ment. 1t gives rise in the nation to two indepen-
dent parties, who acknowledge no common Judge
They are in the position of two nations who engage
in disputes, and, not being able to reconcile them
have recourse to arms. The common laws of war
are in civil wars to be observed on
both Sides The same reasons which make them
obligatory between foreign States render them more
necessary in the unhappy circumstances where two
eXasperated parties are destroying their common
country When nation becomes divided into two
parties absolute and independent and no longer
the war between the two parties is the in every
respect as a war between two nations. The obliga-
tions of observing the common law OF war is, there
fore, absolutely Indispensable to both parties and the
same which the law OF nature obiges all nations to
observe between State and State" Vattel, Drot
part OF a State takes up arms against the
government M if 1 it is sufficiently strong to
of equally balanced forces, the existence
of civil war is thenceforward determined" If the
conspiTators against the Government have not the
means Of assuming this position their movement
does not pass beyond a rebellion A true civil war
breaks the bonds of society by dividing it, in fact
into two independent societies. 1t is for this con-
sideraton that we treat OF it in international law, as
since each party FORMS as it WERE separate nation
both should be regarded subject to the laws of
war. This subsection to the law of nations is the
more necessary in civil wars, since these by noursh
ing more hatredS and resentments than foreign
wars require more the corrective of the law of ma
tions in order to moderate.ther ravages." Riquel-
me, Elements de Derecho Publco, cap. a. tom. l. p.
172.) "When faction is formed in State, which
takes up arms against the sovereign, in order to
Wrest from him the supreme power or impose condi-
tions on him, or when republic is divided into two
parties which mutually treat each other enemies,
TINS war Is caIea f MAR NU Wars frequently com
foreign nations; but when one faction or party OBJ
tains dominion over an extensive territory, gives
laws TO ii, establishes government in IL, admins
ters justice, and, in aword exercises acts OF
reignty, it is person in the law OF nations and
however so much one OF the two parties gives to the
other the title of rebel or OF tyrant the foreign
powers which desire 10 maintain their neutrality
ought to consider both two States Independent as
respects one another, and other States who recog-
nize no Judge Of their difesences" (3elo Principles
| de DereehO International, cap. 10, p. 267.)
| NJ. PhilmOre, in his work on international law,
which Is OF the highest authority, says:-'There is
| no proposition of law upon which there exists
more universal agreement OF all jursts than that the
virtual and de tdctO recognition OF State recog
nizing the commercial nag and sanctioning tie ap-
| of offense to the old State inasnuch as it decides
nothing concerning the asserted rights of the latter"
|
tual" recognition OF a new State by admitting
| its commercial nag and the appointment
| OF consuls and the formal recognition
by sending ambassadors ana entering into treaUes
with the new State by foreign powers which shOul id
not be done uet after "a practical cessation of hos
tilties, though it does not demand "perfect and
undisu urbed internal tranquility" within its bor-
dcrs. This would, in fact be an admts-
sion Of the competency OF the new powers
| TO negotiate and contract engagementsl under
the law OF nations. (PhillmOre's Internationl Law
| vol. q PIP. 1T-22.) In case of revolution Wheaton
says:-"The civil war does not necessarily eXtnguish
the existence OF the sovereign or parent State but
that, until the revolution Is consummaed, while the
| civil war; involving a contest for the government,
| continues, other States may renesl indifferent
| spectators Of the controversy, stnl cOntuui lg
| TO treat the ancient Government as sovereign and
the government de factO society, entitled TO the
| rights of war against its enemies as may espOuse
the cause Of the party which they believe to have
Justice its side. In the first the foreign State
fulhls all its obligations under the law OF nations,
| and neither party has any right to complain, pro.
yded il maintains impartial neutrality part l.
| CHI q g. And again he says :-''It has already
been stated that while the contest for the soye-
reigty continues and the civil war RACES other ma
tiOns may remain passive, allowing TO both contend
ing parties all the rights which war gives TO public
enemies OF may acknowledge the independence OF
the new State forming with it Treaties OF amty
Q commerce, or may join in alliance with one party
against the other In the first case neither party has
anV right To cOmDlain long other nations main