Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-08
BELLIGERENT RIGHTS,
| Duties and Advantages Resulting
| From Acknowledgement of Them.

ACKNOWLEDGEMENTS OF Them.
From the Youths Companion.
Every boy who has studied Latin knows,
without being told, that "belligerent
rights the rights possessed by those
who are carrying on a war If few men
plot to overthrow government they are
guilty Of reasonable conspiracy; and if
they are detected and convicted, they may
be punished by death or exile. The lead
the criminal law.
But when a rising of citizens against a
government reaches certain magnitude
| and the hostilities are conducted on a scale
which has surpassed that of a mere in
surrection, and has become a war, then
humanity and justice demand that both the
government against which they contend,
and other governments, treat them under
military, as distinguished from civil law
Formally or informally foreign govern
ments may then recognize the insurgents
as belligerentS, and entitled to belliger-
ent rights.
First in order, perhaps, is the concession
| that men taken in arms are prisoners of
war, and not merely apprehended crimi-
mails. Rebel officers become entitled to
treatment in accordance with their rank;
and are not held to be simply ringlead-
ers in treason. Flags of truce are respect
ed, and in short the relations Of the two
forces in the field are those of two armies,
not those of military force to a band Of
rioters.
Often such rights as these are conceded
by the parent government to a rebelIious
| army long before foreign powers grant full
belligerent rights to the rebels At other
times foreign powers observing that over
a large district the authority of the nation
Is destroyed, and that Anew government
has been set up, which the people obey.
grant belligerent rights at once ~
The recognition of rebellious govern
ment as belligerent. by a foreign country,
Is, Oh course. blow against the establish
ed power 1t encourages the rebels: IT es-
tablishes the principle that so far as the
| civil war is concerned no favor is to be
SHOWN to either party. For a recognition
of belligerent rights by foreign govern
ment is invariably accompanied by a decla-
ration of neutrality.
Nevertheless the established government
OF a country gains something when its
| rebels are granted belligerent rights. II
acquires the privilege of blockading the
coast of the country in Instruction, and
thus of cutting off supplies to the rebels.
country may not blockade its own coast
In time of peace; and of course If there
are no "belligerents.' there is no war
Again, a country Is partially relieved of
responsibility for property DESTROYED by
the rebels. 70 Illustrate: If Spain is in
full authority in Cuba, any destruction bv
Cubars of property of American citizens
Is an act for which Spain can be called
to account. But if it Is the act of a GOV
eminent sufficiently established to be rec
ognized as belligerent, we must look to It
and not to Spain for redress and indem-
nifty.
Sympathy with or against a people in
insurrection should have nothing to do
with the giving or Withholding Of bellig-
erent rights. It Is a question of fact,
whether or not a state of war exists
and whether or not there Is government
exercising authority and compelling obedi-
ence in the insurrectionary district. Never
theless as a matter of fact sympathy usu-
ally does have much to do with the ac-
ton or inaction of foreign governments.
when a serious rebellion breaks out.