The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-03-07
BELLIGERENT RIGHTS.

| What are beiligerent rights: And
what particular good results from the
recognition of belliserent rights? The
question is often asked with reference
TO the proposed recognition of the bel
/ ligerency of the Cuban insurgents 1t
is. of course, an entirely different mat
ter from recognizing the independence
, Of q revolted country. 1t simply i'm
plies that the struggle is TO be conduct
ed according 10 the laws of war. A
foreign power recognizes the beliger-
ent rights of an insurgent faction when
its own rights and interests are in
volved in the contest and il becomes
necessary TO define its attitude toward
the contestants. How would it at
feet our own rights. interests and obi
cations and how would ii affect the
respective interests Of Spain and Cuba:
This question is very ably discussed by
Professor ]. ii. Beale, Jr., of the Har-
ward Law school, in a pamphlet re-
Gently issued. Professor Beale says
that the only effect on individuals in
the United States would appear 10 be
10 prevent the sale either to the Span
iSh government or To the Cuban prOvi-
SiOnal government of articles that may
now be legally sold to Spain if not 10
Cuba. Having recognized a state of
war as existing we should be bound To
preserve and enforce absolute neutral
ity as between them and allow neither
party to use our country or our ports
as a basis Of operation against the
other. This would not practically make
any very serious change in the exist
ing conditions. The possible right of
individuals to sell arms or provisions
to the CubanS is of no value 50 long as
this government will not allow exDedi-
tons 10 be fitted out on It's soil or in
its ports to convey them: and Spain
has not sought TO profit TO any import
ant extent by its right to purchase
supplies in this country. The Cubans
would have the same right that the
Spanish now have To complain of the
violation of neutrality laws in aid of
their enemy; but there has been little
or no cause of complaint on this score
from the Cuban side Professor Beale
thinks that there would be q very de-
cided change in our rights in Cuba and
Cuban waters. Spain would be re-
leased from any obligation TO pay dam
ages for injuries 10 American citizens
and for the destruction of their prop
erty if done within the rebel lines. and
our ships and cargoes would be subject
to search and seizure for carrying con- !
traband of war. The right of seizure. |
if it exists now. says the professor, can |
only extend 10 III temporary holding /
of the vessel until the danger from it |
had passed. Spain might also declare |
a blockade and cut us off from ali trade /
with Cuba.
In summing up the advantages and /
disadvantages to result from recogniz- |
ing the Cubans as belligerents, PROBES /
sor Beale concludes that there would /
be nothing to gain SO far as this country !
is concerned; that We should thereby /
w. tA4t A7h1 W lOAu
for injuries to American citizens and /
in Cuba; that we should be I
TO exercise greater vigilance /
10 prevent the departure Of filibuSter-
ing expeditions; that our ships would
be subject TO search and would be com
PEELED to respect a blockade Of Cuban
ports. OF the advantages the Cubans
would reap from such recognition, he
says: Placing on one side Of the &C
count the advantage Of right Of search 4
and capture; the right To- insist on !
neutrality and the moral support of re-
and on the other hand. the
of being held responsible
for injury to American interests, l
think we may say that recognition
would be Of some benefit 10 the Cubans.
how much it is impossible to judge, but
certainly very little"