New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-11-24
BELLIGEREECY OF CUBA,

A"oquestlonS present themselves TO the
government of the United States in its re-
lations to Cuba.
l.. The recognition of belligerency.
There can be no doubt that every nation
has the right to determine at its own dis
erection how far any party in military
resistance to its own government is en-
titled to certificate that it is making
practical war. No two nations can be ex-
pected to arrive at this conclusion at the
same moment, and we find in diplomatic
history the recognition of this fact pub
llshed by the nations at various intervals
of time corresponding with what may be
supposed the confirmed convictions of
each in succession. Combining ourselves
to American example We find the revolu-
tionary colonies of England besieging the
courts of Europe for a recognition of their
independence, and each of the European
powers asserting to the request, accord
ing rs its interests or sympathies justified
it in publishing its convictions. The re-
publican governments of Holland recog-
nized and aided us with money; the royal
government of France sent ships and
troops to aid in disabling her great rival.
Spain was among the first to express her
convictions and the treaty with her is
among the earliest formed by the United
States with foreign nations We have
mentioned the recognition of Texan indie
pendence by the United States within six
months after the first attempt of the Mex
lean government to suppress the insur-
rection in that territory, which had been
by the dictator Santa Anna declared part
of Mexican province,
The recent adju location of claims upon
the British government for damages in
hicted upon the property of American citi-
zens for an alleged violation of British
neutrality, was practical concession
of the right to acknowledge the bel
of the Confederacy, because if
there had been no war there could have been
no neutrality, and the loss of property
would have been question of piracy to
be settled by the insurance offices, and one
with which the government could have
had nothing to do. We will not state the
law OF nations upon the question further
than to assert that the republican cause
in Cuba has so maintained itself as to have
become civil war.
A foreign government may, then, recog-
nize this fact at its own discretion This
civil war must then be waged as to the
nation which so recognizes it according
to the laws OF public war. Nor can such
nation be held responsible for such recog-
milton by the other belligerent.
Suppose, then, the government OF the
United States does recognize these bellig-
erents. Either may then issue its letters
of marque and reprisal, or exercise any
other power of public war, without any
on our part Suppose under
such proclamation the Cuban republicans
Or the royalists invoke the aid OF American
soldiers or privateers, and American citi-
zens serving either belligerent in mill
tary capacity should be captured by the
enemy. At present such American citi-
zens might be executed, as were Crittenden
and Fry. Should the belligerency of
Spain and the Cuban republicans be recog-
nized, however such captured persons
would be prisoners of war; entitled to the
rights of civilized warfare. The violation
Of these rights would oe vindicated by |
our government in an open and resolute
manner by demanding the civilized re-
,traint of such prisoners, or avenging |
heir death if slain in violation of the |
avs of civilized warfare.
II will be seen, therefore, that recog-
lition of belliserency will not be cause
If war on the part of Spain, and that |
American volunteers on either side may |
it out privateers or wage war otherwise,
md on either side without any other risk |
han that which may befall life or prop
srty in any other public war.
2. The recognition of Cuban independ-
,nce depends on other grounds which, as |
t is not shown that our government pro-
poses any action at present, it is unnec-
,ssary to examine The REPUBLICAN has
lrgued the importance to the Republicans
If Cuba of so dividing the autonomy of |
he island as foreign governments may
Free Cuba or East Cuba
within its established jurisdiction. 1t may
De necessary to argue this question of re-
,ognition at some future period.