The record-union., 1896-04-23
RECOGNITION OF BELLIGERENqS.
EXACTLY WHAT 1T MEANS IN
INTERNATIONAL LAW.

Possible Consequences to the United
States of the Recent Action
of Congress.
Professor T. ]. Lawrence of Cam
bridge University, author of the "Prin-
ciples of International Law, and a
very high authority, makes this clear
statement of the exact effect and posi-
h1e consequences to the United States,
to Spain and to Cuba of the action OF
! Congress. The concurrent resolution
! finally passed has no effect whatever
unless Executive approval or proclama-
tion gives it force.
| OF a people in armed rebellion against
their Government, as the Cubans now
are, Professor Lawrence says:
They are endeavoring, by war. to cut
! themselves adrift from the state OF
which they form a part and set up
i separate existence of their own; and
while serious efforts are still being made
for their subsection, the Government
/ they have created may at any moment
be overturned and they may relapse into
their former condition.
but meanwhile they are levying
armies and carrying on war.
/ War exists as a fact and interested
! States must open their eyes to it. This
| they do by what is known as recogni-
| ton of belligerency.
THE effect of this action is to endow
the community with the rights and all
the obligations of an independent State
so far as the war is concerned, but no
| further. Its armies are lawful bellig
! erents, not banditti; it's ships of war
! are lawful cruisers, not pirates; the sup
| plies it takes from invaded territory are
acquisitions, not robbery; at sea It's cap
| lures made in accordance with maritime
| law are good prizes and it's blockades
must be respected by neutrals.
| But on the other hand it's Govern
ment cannot negotiate treaties, nor may
! it accredit diplomatic ministers The
| intercourse it carries on with other
| Powers must be informal and unofficial.
1t has no rights, no immunities, no
claims beyond those Immediately con-
| nected with it's war.
Should the belligerent community
succeed in defeating all the attempts of
the mother country to Subdue it, sooner
or later existing States will afford it
recognition of independence, and it will
then stand on the same footing as they
do and become subject of interna-
| tional law in all things.
'Since the recognition of belligerents
has such an important legal effect, the
circumstances under which it may be
given by third Powers without giving
| offense to the parent State is important.
| When an insurrection is confined to
| district in the interior of a country
other States would be acting in an un-
| friendly manner if they recognized the
| belligerency of the insurgents, because
| by the nature of the case the incidents
of the conflict could not directly affect
their subjects.
THE treaty which the United States
made with Spain in 1885, and still in
force, gives to Spain the right in just
such an emergency as has now arisen
| to stop all American vessels on the
| high seas and search them for contra
band munitions of war. AS long as
this country did not recognize the Gu
bans they had no more standing than
a group of Chicago rioters, but after the
action of Congress they become impor-
tant international factors and a state
of war is declared.
THE recognition of the Cubans as
| belligerents will not give them any
right to use this country as base for
expeditions or to direct the war In
the treaty of 1871 between the United
States and Great Britain, with which
the laws of this country accord and are
maintained toward all other Powers
are the following rules:
"A neutral Government is bound:
| First, to use due diligence to pre-
vent the fitting out, arming or equip
| ping within its jurisdiction of any YES
| sci which it has reasonable ground to
believe is intended to cruise or to carry
on war against a Power with which it
| is at peace; and also to use like dill
gence to prevent the departure from its
Jurisdiction of any vessel intended to
cruise or carry on war as above, such
vessel having been specially adapted
in whole or in part within such jurisdic-
| ton to warlike use.
Secondly, not to permit or suffer
either belligerent to make use of it's
ports or waters as the base of naval op
erations against the other or for the
| purpose of the renewal or the augment
alton of military supplies or arms or the
recruiting of men,
I'm international law the proclama-
| ton Of state of siege is considered
sufficient ground. ipso facto, for other
Powers to recognize beliigerency.
"At the outbreak of the civil war
President Lincoln declared by procla-
nation that all the Southern ports were
blockaded, and European Powers led by
Great Britain quickly recognized the
I Confederates as belligerents. This
| Government protested as hasty and
| precipitate and said such recognition
| must be construed as an unfriendIy act,
/ but many authorities on international
| law hold that the European nations
| could not do otherwise.
There has been no declaration by
Spain of a blockade Of Cuban ports, as
that would have led nations to recognize
| a state of war existing there but now
| that the United States has taken the
| initiative Spain can readily declare
| Havana blockaded against this or all
| countries and capture any vessel that
| attempts to enter
| THE action of nations in recognizing
| insurgents has often led TO international
| complications between countries hither-
| to at peace Frequently the stopping of
vessels on the seas and sometimes the
| seizure Of them is the cause of serious
| tro1,bie The arbitrary md lIrvarrantad