New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-11-21
THE CUBAN ATROCITIEs---TH RENE
DIES CONSIDERED.

| attributed by interyiewers to Secretary
Fish were without authority, because the
unanimity Of the Cabinet shows the adj
ADMINISTRATION decided on demanding guar.
antees from Spain. Among the remedies
| therefor we shall not class any acknowl'
| edgment of wrong done. and expressions
of regret for the irreparable. For an in
| suit to the American flag, there may be
| the atonement Of salute: for the slaugh'
| ter Of an American citizen there can be
| no other satisfaction than q guarantee
that it can never be repeated under the
same circumstances and by the same au-
thority. There are three modes of rem
edy for these outrages proposed.
I. An act of public acknowledgment
Of wrong on the part of Spain. with, per-
haps. money indemnity to the families
of the murdered men. The acknowledge
| m.nt could Omit either that Spain sane
tions these atrocities, or that she could
| not control those who committed them.
Thi, would be cause Of war in one case
| or of Intervention to protect ourselves on
the other. This reparation by an apology
and regrets is q little too much like a case
! ia which one man having seud with an
other, shot a stranger whom he mistook
for his enemy. The coroner's jury de-
! clined to authorize the arrest Of the killer.
for they said. che has expressed HIM
self very sorry and made the amplest
apologies. What more could be expected
of any gentleman Such professions
can not
Back to its manson cal, the tieetng breath.
Nor tattery sOothc the dull. cold car OF death.
The family indemnity to the few muir
dcyed men who had families is an insult
to the living 1t is the communication OF a
righteous indignation aud sorrowing mem.
DRY for money. Our own government
should take care Of these people itself. II
there has been failure Of protection 20
the citizen. the government may give and
the bereaved families accept assistance
with honor. But Spain can not with all
hex treasures pay for one drop of Ameri-
can blood unlawfully shed. This is a
value neither redcemab!e by nor converti-
bic into any such base equivalent.
2. Another remedy suggested is the
simple right Of belligerency in both par
ties at war in Cuba. This will leave the
parties TO the rights Of public or lawful
war. and would certainly give the rights of
prisoners to oil persons captured Oh
either side. Whether those rights would
be respected ON either side is very doubt.
full. and there would arise aquestion what
right have foreign nations to intervene in
an inteynecine war? We are compelled
at this point 10 say that some very loose
ideas Of the conditions precedent to recog.
milton have emanated from careless speak
ers or have been possibly put aaoat by
the emissar;cs of Spain. 1t has been said
by some that there must be . regular
acting government. with its courts and
Congress. and especially its ports Of entry
and delivery. to entitle combatants to
recognition. These are interpretations
upon the simple text of national law. The
republican Dutch writers who first laid
down the great principles of civil liberty
have defined the several stages Of revolt,
instruction and civil war. They say
nothing Of the formal and civil organiza-
ITEMS OF the conteudins parties. Eattel
says:
When there is formed within State
party which no longer Obeys the sovereign,
and finds itself strong enough to resist the
sovereign, or. when in q republic. when the
nation is divided into two opposing factiono.
and in the ono case or the other, they take
arm. against each other. it is = civil war.
And further says:
Such being the case. il !, very evident
that the common laws of war, the maxims
of humanity, of moderation. of right and
justice should be observed on each side.
We're is nothing Of 'courts" or ''ports."
When faction il strong enough to cp-
pose its sovereign when a republic or
nation is divided into two opposing FAC
tons. and take arms against each other.
il is civil war. and 20 be waged according
to the rules Of public war. These fac
tons. If we choose to call them so. are
beiHserents pc, SC. and are under obi.
cations 70 wage war according to the die.
:ates prescribed by humanity and civil
ization. And what are these laws as up.
plicable in the Cuban case!
According 10 the laws Of war as still
maintained by savage nations (Modocs and
Cuban-!. prisoners taken in war ere put to
death.
But civilization says
a belligarent has no wight to take the
lives of those subjects Of the enemy. when
he can subdue by any other means.
And again:
Those who arc actually in arms and con-
.inue to resist may be lawfully killed. but
The inhabitants OF the enemy's country who
are not il arms or who. being in arms. cub
NIT or surrender themselves may not be
slain because their destruction is not neCes-
cary fox attaining the JUST ends OF war.
Here We see no such condition rs the
apo!cgists Of Spain seem inclined to I'M
pose upon the recognition of be!ligere:ley.
The .ruc doctrine is that armed resistance
TO a government by any portion Of It's own
citizens passing through the grades Of re-
volt and instruction into civi! war is
thereby s.brogstcd 20 the rights Of public
war. even without recognition by other
powers. Whethe. these powers choose to
look with Indifference upon a war which.
for instance. has continued 70. five years
and COS. more than one hundred thousand
lives is another affair. Perhaps Eeutrais
can make more money out Of she combat