The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-18
LET US HELP CUBA f!


Has the time arrived when the Cubans
in their struggle for independence, Tree
dom OF Soou government have Il just
claim upon the United States for the ac-
encouragement Of ben!gerent rights? This
il question which events gong on IN
Cuba are forcing, with daily increasing
inS.steIce, upon public attention. The
r.Sht answer depends IN part on the pl IL
c.pleS Of International law and usage, and
in part on the yet broader and more im-
perative principles of humanity and inter-
national equity.
Just now the two unhappiest countries
IN the world are Armenia and Cuba. At
the bar of the conscience and sense OF
humanity of the civilized natiOas the two
governments--that of Turkey and that of
Spain-are ON trial. What the civilized
world thinks and feels IN respect to the
Armen!ans and the Turk Mr.. Gladstone
has said. What the people and the gov
ernme!N of the United States think, and
think to do, in respect to the Cubans in
their present desperate struggle for rights
which We once declared to be inalienable,
must soon find some definite expression.
First as to belligerent rights. What are
such rights; of what use are they in any
particular case, and when ought the rec
Ognition of such rights to be accorded?
General Sherman's id!omat.c definition
of war was that 1t Is hell" Some wars
are exactly that. But "civinzed warfare"
has its limitations and Its rules, which
the leading governments of modern times
have agreed to stand by and to enforce.
The concession of belligerent rights N
case of an uprising against an established
government insureS q certain protection
and certain privileges. 1t is a protection
for those engaged in the instruction
against being treated as guilty OF treason,
and in case OF capture being Summarly
shot. 1t entities them to all the immuni-
ties which the humane spirit of modern
civilization recognizes. 1t accords to both
parties equal privileges, the same re-
straints AN open field and fair play. Nes-
sells engaged In the service of either party
have the same freedom of the seas, the
same privileges in neutral harbOrs What
might otherwise be piracy .s construed
as rightful warfare.
The opinion in the often cited prize
cases in Blacks Reports lays down this
principle: when Il party In rebellion oc-
cupy and hold in hostile manner GER
tain portion of territory; have declared
their Independence, have cast off their al
1eg.ance, have organized armies, have
commenced hostilities against their for
mer sovereign, the world acknowledges
them as belligerents and the contest as
war;"
Says Wharton in his International
Law Digest. I'VE ought not, in cases of
insurrection In foreign countries, to ac-
Knowledge insurgents as bellgerents un-
til insurrectOn establishes itself on such
a basis of apparent permanency as to put
1t, at least for time, on an apparent
parity with the parent state. When such
a condition OF things is manifest then a
proclamation of neutrality should be Is
sued and the insurgent vessels admitted
to the same rights IN our ports as those
of the government which they assail."
Until such belligerent rights are accorded,
in the words of another authority, Hal
leck, uniformed predatory guerilla bands
are regarded as outlaws and may be pun
.shed by belligerent as robbers and muir
dererS."
According to statement of the solicitor
in the department of state, published in
the Albany Law Journal. Feb. 10, 1886, the
United States makes distinction be-
tween the recognition of insurgency"
and "bell.gerency" as follows: 1--WE rec
ogn'Ze foreign insurgency by refusing to
send our military and naval forces to at
tack its armies or It's fleets, and by refus-
ing to deliver up those concerned in it
when they take refuge on our shores
We say in such cases to the titular gov
ernment. whether 1t be despOtc or lib
eral: we cannot ,ntervene to fight your
battle. either on land or sea; neither will
we surrender political fugitives who have
shores But recognition Of belligerency
is a very different thing. 1t Is never de-
term.ned on until an resurrection has oh
tained Dermanency and stands on sOme-
thiiiH inv poi.ty WIN tne SoNciuHeHt ~
assais. Such a recognition is announced
by proclamation of neutrality, and ~ fol-
lowed by placing insurgent and t.tular
government on the same terms of access
| to the ports Of the government by whom
the proclamation Is made"
In this connection 1t is Of the greatest
significance to note the Instructions
| which. under date Of Feb. 9, 1874 we're
given by our Secretary of State Fish to
| Caleb Cushing. then our minister to Spain.
| Emilio Castelar, was at the time president
| of the short-rved SpeS!sh republic. and
| the insurrect,on in Cuba had been going
| on for over five years. to be kept up for
| four years more. Referring to the trouble
| IN Cuba, which II had been hoped that
| Spain. OF her own spontaneous action.
| might have settled. Secretary Fish says:
| ut seemed for while that such a solu-
| ton was at hand. during the time when
| the government of Spain was adm;n,s-
| tered by one Of the greatest and w,sest
| OF statesmen OF that country, or indeed
| of Europe. President Castelar,. Before at.
| taining power ne had announced Hne Of
noiicy applicable to Cuba. which, though
| falling short of the concession of abso-
| Lutte Independence. yet was Of a nature to
| command the appreciation Of the United
Stetes. Let u.s. he declared on a mem-
| orable occasion, let us reduce to for
mu,as our policy in America. !. The i'm
| mediate abolition of slavery 2. AutOn-
omy Of the Islands of Porto Rico and
Cuba, which shall have o parliamentary
assembly of their own. their own admin
| federal tie to unite them with Spain as
| ryn.adc a. ,rltoaI u,it1, TCn01n nj IN np1or