Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-04-12

sions are acknowledged and their reve-
nue. laws respected. They have acquired
a quasi-political standing among states.
They now have markets which they can
enter for supplies and their ships have
character in port and on the sea. Be-
sides this material assistance, which
gives strength to the insurgents and
holds up their hands the recognition of
their belligerency is, by the laws of ma
lions, a defense against indictment for
homicide or other wrong
This brief statement answers the ques-
ton as to why insurgents should be anx-
ious for the recognition of their belliger-
ent rights by established nations, and 1t
also meets the other inquiry as to why
Spain should have been angered by the
prospect of our making proclamation of
neutrality.
But it must not be overlooked that
while the according of the character and
rights of belligerency to the insurgents
is, notwithstanding the polite avowal of
neutrality, a direct and heavy blow to
the parent state, still it does not leave
that government entirely without ad
vantage for the proclamation which
places the insurgents on higher footing
also releases the parent state from re-
sponsiblity for wrongs and damage done
by the insurrectionsts and for omissions
of it's own where the insurgent power
extends.
The third and most important of the
questions laid down is as to why an out
side government should interfere at all.
1.-THE reason which requires and alone
can justify this step by the government
of another country" says Mr.. Dana, who
has made the accepted legal statement
of the case of belligerency, lis that its
own rights and interests are so far af
fected as to require definition of its own
rela ton to the parties. recog-
milton by a foreign state OF belligerent
rights, If not justified by nece sSity, is a
lagratuitous demonstra ton of moral sup
port to the rebellion and of censure upon
| the parent state"
| 1t is just at this point that our govern
| ment finds itself at present, and it is like
| ~ that our now silent and thoughtful
| congress is in search of those reasons of
right and interest which "alOne can JUS
| tify" an interference. One of the first
| of these reasons is the probability that
| the subjects of the country making proc
lamation who are residents in the trou-
| bled state, as well as its consuls, naval
| officers and merchantmen. may be pre-
! cipitated into difficult complications.
| If citizens of the United States have such
| commercial or other relations in Cuba
| that they must of necessity take def
mite position with respect to the rebellion,
| or If executive officers or judicial magis-
| trates of this country in Cuba are uncer"
| tain where their duty lies, or If 1t is nee
essary TO decide whether to hold the pa
1
| insurgents or to deal with the insurgents
as a governme mt then this nation owes
! il to its citizens" in the language of the
! law Ito the conteudlng parties and to the
! peace of the world to make that decision
| seasonably." To prescribe this rule of
conduct in the best and most ineligible
| manner governments simply proclaim
| that a certain state of affairs is or is not
| TO be treated as war. In the first event
| one course of conduct must be taken by
| interested parties and in the second case
| their actions lie in an opposite direction,
| This recognition, ii is manifest, may Of
| len be given without any feeling of favor
| for either of the contending parties.
But belligerent rights are never grant
| ed to insurg gents unless they Wear dis
| tinctiNe uniform and the fact of war ex-
| lists. While ii is easy to define war In a
| general way, it is often difficult to apply
| the definition to facts as they arise. II
| the insurgents have a political organiza-
| ton sufficient in character, population
| and resources TO constitute II, If left to
| itself, a state among the nations, rea-
| sonably capable of discharg!ng the du-
| ties of a state" then war exists and the
| conditions are ripe. for the recognition of
| foreign governments. II the Interests"
| hereinbefore referred to are Involved.
| The actual employment of military
forces on each side IN accordance with