The morning times., 1895-12-19

| and all TO cru sh what she asks the world
| TO believe to be a handful of bandits Since
! February last Spain has sent To Cuba nca rly
| as many troops as England did In the
| entire seven years OF the revolt or these
colonies. Probably the best proof that
| Spain docs not desire the world to know
| the truth is her order that all foreign news
! paper correspondents will be shot who try
| to leave the Spanish lines.
| PRESIDENT CLEyELAND'SV VIEWS.
~ am glad, indeed, that the information
which 1 have to impart is supported by
| President Cleveland in his message.
| Spain cannot deny the facts as stated By
| him, based as they undoubtedly are, upon
| official consular information. He says
| this insurrection is more active than the
last revolt, which lasted from 1868 TO
1878.
| success. and that, too, in a comparatively
| short time. We are told that the Cuban
| people do not sympaihizc with nor are
| they represented by the men in the field.
| II they are loyal TO Spain, why have they
not taken arms voluntarily in her behalf.
| or why has il been necessary for Spain
| to draft "A conscript army in the Peninsula.
instead of arming her sympathizers In
| Cuba?
''The President also points out the
| cueIties which especially characterize
| this sanguinary and fiercel y conducted
war, the loss 10 American interests, and
the futility of the efforts of Spain thus
far to suppress us. = The details which
ton 1t shall be my duty TO impart. At
all events. these are sufficient reasons
| for a careful consideration Of our claims
to be recognized as men striving for the
nobest political priuciple-independen
/ intend 10 present my Credentials and the
facts 10 the authorities, upon which l shall
ask the government OF The United States
To recognize Cuban beliigerency."
MIR. RUBENS' OPINION.
Mr. Rubens, counsel for the legation, in dis
ha nttp pt rpropp lffDn III.
at is, of course, Impossible for me briefly
and at the same time completely TO trea the
subject of the right of the Cubans to recog-
milton as bellgerents. There are, however,
certain rules OF international law which are
confused in the minds of the public and which
can be briefly stated.
s.There are three classes OF cases under
which we may consider the subject of
bclligerent rights, in a war for independence.
'.The first is where the parent State direct
Is recognizes the beiligercncy of the insur-
gents, or indirectly, as by interchange of
prisoners, proclamation of blockade, or
other treatment with the insurgents by which
thcyare tacitly accorded the rights ola bellig-
crcnt enemy
THE second class is where the interests
OF foreign government demand that ii
should recognize the insurgents as bellig-
erents. in order TO protect Its commerce, its
citizens and their property.
THE third class roughly speaking, is
where an armed conflict is carried on by a
considerable portion of the population for
the professed object of attaining political
ends, where attempts to crush the movement
have been unsuccessful where the denial
10 thousands OF the rights of civilized war
fare must countenance ethsexecution of COM
batant antornon-combatant. where beiligerency
is granted because the higher considerations
of humanity require de facto civil war to
be recognized as such.
THE first class of cases we have not TO
consider, except to call attention in pass
ing that frequently during the present
struggle have the Cubans delivered their
wounded prisoners TO the Spaniards, who
had previously received and accepted conf
mun:cations from the Cuban commanders
30 send a detachment for them.
CAPTURE A PORT.
LAS TO the second class of cases, much
has been said as TO the necessity for the
insurgents to capture and hold a port. Is
1t not apparent that in such case belliger-
ency is granted because of necessity. be-
cause trade between that port and this
country could not be carried on under the
usual custom house regulations without
recognizing, even though informally, the
insurgent official with whom vessels have
TO enter and clear?
In the event OF martifne conflict.
recognition follows almost Immediately,
for The purpose not only OF protecting Our
commercial interests and our shipping, but
OF having the rigat t. reclaim DANA ges from
either of the conflicting parties.
But the question arises. whether under
the International law IL is necessary fer
the recognition of belligerency that the
disturbed country have q seaboard. Sup
pose. for instance that Switzerland should
have an insurrection SO strong that there was
no doubt OF its ultimate success. Is Ii CON
tended that belligerency could not be
granted, to hold the Insurgents responsible
for the destruction OF the millions OF Ameri-
can property which they might destroy,
simply because they have no port? Calvo,
well-known authority, assumes the case
OF an insurrcction confblasa 70 ths intaEior