The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-13
CAN THE CUBAN INsuKKECIIoNis's
CLAIM BEIIIGLKENCI?

Referring to our article OF Sunday III
which We said that Congress should az
cord 20 the insurrectionists in CUBA the
rights OF beliigerents, If they have eie-
waited their cause to the plane that enu-
tells them 10 II, but that such rights )uid
not be accorded them unless they na'e'
a friend wishes TO know what Is the
state that entities insurgents 10 acknowi-
ede.nent as beliigeINnts. We cheerfully
state the International law of the case.
Whenever an insurrectionary movement
takes place amongst a people the SOW
crcign invariably regards 1t as a rebellion
pure and simple. Upon that theory the
insurgents have no rights whats|cr, ara
are liable to be summary executed Dy
their sovereign upon capture. The H.
sdrgonts OF course retaliate upon thelr
enemies, and civil war becomes notnihg
but organized butchery and barDafis"l'
But civilized mankind has long taken
this view Of the case. IL has said That
insurrectionary movements must be ac-
copted as an inevitable incident Of ma
tional life. and that there must be some
code Of rules 10 be applied 10 that state.
Consequently, when the Instruction has
attained to certain proportions. mankind
has said, through the code Of interna-
ticnal law. that the case must be viewed
as no longer an insurrection. but as one OF
civil war, In which each side is 20 DC con-
sidered a beligerent, and entitled TO the
benefit of all the laws Of war, cher OF
which are that captives are 10 be con
sidered prisoners of war instead Of rebels
and that all treaties ana engagements
made by the former sovereign with the
insurgents must he as faithfully kept as
though made with a recognized nation
ality. mat is the rule and the only dill
Guilty I'm a given case IS TO determine
whether or not il IS a case TO which the
rule is to be applied.
Vattel thus states the rule in his Work
on international law. He says:
"The sovereign. indeed, never fans 10
bestOw the apDcllatiOn Of rebels on all
such of his subjects as openly resist nm
but when the latter nave acquired sum
Client strength 10 give him eilectual OPP
position. and TO opllge MN 70 carry Oh
the war against them, according 10 the
established rules he must necessarily
submit to the use Of the term civil war.
The whole case turns. therefore, upon
the question whether those in insurrec-
ton have acquired sufficient strength
TO msfe effectual" opposition 10 the
formo. sovereign. and that Of course
must depend upon the special facts Of
each case intelligently vi we'd and judged
Of
The Supreme Court OF the United
States was, early In the war betw cen
North and South. compelled to consider
this subject and determine whether our
struggle was simply an insurrection or
state of civil war in which We of the
South were entitled TO be considered bel
ligerents and entitled, therefore, 10 all
the berefits of the laws Of war. and 1t de-
cided that we were belligerents and en-
titled TO the benefits of the laws Of war.
This was so decided I'm the Prize cases,
reported in Second Blacks Reports, page
6,5. The Court says in that case at page
666:
"A civil war is never solemnly declared;
IL becomes such by its dccidents-the
number power, and organization OF the
persons who originate and carry II on;
When tbs party in rebellion occupy ana
hold i'm a hostile manner d certain por-
ton of territory: have declared their IN
dependence. have cast of their AL
legiance: have organized armies, nave
commenced hOstilities against their iOfm-
er sovereign, the world achhOWieuso
them as belligerents and the contest Il
war The true test Of Its eN-
istence, as found in the writings OF the
sages of the common law, may be thus
summarily stated. When the regular
course of justice is interrupted by revolt
rebellion. or Instruction, so that ths
courts of Justice cannot be kept open, clNlI
war exists
This was said of our struggle as II
stood about the time and before the first
battle of Manassas was fought
With these principles kept clearly be-
fore the mind it ought to be an easy
matter TO determine whether the Cuban
instruction has attained 10 the proper
lions of a civil war If we only knew with
certainty the facts of the case, which