Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-04-12
CONCERNING bELL|GERENCY
An Explanation Which Will In
terest Many Readers.
HOW THE QUESTION AFFECTS
The Situation in Cuba-What the Recognition
of the Belgercnt Rights of Cuba
Would Mean.

Thomas j. Norton in Chicago Record.
Why should Spain show the heat of its
Latin blood al the proposal of the United
States to stand neutral between that
country and the insurgent Cubans-that
is, to recognize the rebels as belligerents?
Why should the insurgents desire to re-
ceive such recognition? Why should a
foreign power interfere in this way with
the family quarrel of another state?
To these questions, which come quickly
10 the mind, the general reader has found
no adequate answers in the almost Him
ita BILE quantity of matter~which has been
printed since the first resolution of neu-
sIality was introduced in congress. That
the third question in particular is an inn
portant one is shown by the changed
manner of The legislative department of
our government, which has descended
from what Cicero termed the violence Of
a headless people to a state almost of ST.
lence. The recent course of congress IS
nothing less than a confession OF former
haste and. whatever our government
may find IL wise tn do eventually, 1t is adj
mitting now that ii began with little in
formation and less grace. Because of this
tacit admission that the Cuban question
has more Than one side and for the addi-
tona reason that the question is stll
open, IT ought to be useful as well as m
teresting to inquire what are the rules of
International law in this relation, and up
on what rea sons they are based.
The common law of nations is made mp
of practice grown into custom from
which il necessarily follows that the
rules of its application are not infiexible
AT the same time they are, like the un-
written tenets of police society, pretty
clearly defined and often rather rigorous.
But upon no question of international dis
pute is there more variation from the
fixed line Of law than there Is concerning
fhe recognition of belligerency. This is
owing i'm some measure to the differences
betW cen the attendant facts of cases, and
il is also cha rgea BILE to the favor or dis
favor of Interested powers, for interna-
tional law accords the right of inquiry
into the history, relA tionShip and COM
pat hility of the contendlng parties.
BclligerencY-~ that Is To say a state Of
warts recognized by third party ma
ton; not, as many seem to think, by a
declaration that the insurgents in the
troubled state ought to be free and indie
pendent. or by any expression as to the
merits of the case, but by simple proc
!amation of neutrality. The procama-
ton usually states that as the condition
of war exists between two bodies of a
people, neither will be favored 1t is the
offer of the schoolboy, apparently, to
hold the coats of his contending mates:
But the brief wording o& the proclama-
ton carries large consequences with IT..
Thereafter, so far as the nation giving
recognition is concerned, there are two
states where there had been one. The
ins lrgents-before outlaws on land and
pirates on the seas--can now deal with
s the foreign country with something like
equality. They can now obtain loans
and enlist men: their flag and commits