The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-11
OPINION OF EXPERTS.
WHAT RECOGNITION OF CUBAN BEL
LIGERENCY REALLY MEANS.

Advantages Accruing to the United States
anG toSCuba if BelIigerent Rights Are
Accorded-Vieus of Three Great Au-
thorities.
An opinion by Justice Harlan of the su-
preme court has long been accepted as the
correct statement of the advantages accru-
ing to insurgents when neutral govern
ments accord to them the right of belliger-
ents. Here is what Justice Harlan said:
''The insurgents gain the great advan-
tage of a recognized status (when belliger
emit rights are accorded), and the oppor-
tunity to employ commissioned cruisers at
sea, and to exert all the powers known to
maritime warfare with the sanction of
foreign nations. They can obtain abroad
loans, military and naval materials, as
against everything but neutrality laws.
Their flag and commissions are acknowl-
edged, their revenue laws are respected,
and they acquire quasi political recogni-
ton. On the other hand, the parent gov
eminent is relieved from responsibility for
acts done in the insurgent territory, its
blockade of its own ports is respected, and
it acquires a right to exert against neutral
commerce all the powers of party to
maritime war"
The direct advantages which may accrue
to the United States under international
law are few and of no great value. Hal
leck, a leading authority, says:
"There is no law or regulation which
forbids any person or government, whether
the political designation be real or assum-
ed, from purchasing arms from citizens of
the United States and shippi-g them at
the risk of the purchaser.
f'Neutrals may establish themselves for
the purposes of trade in ports convenient
to either belligeroat and may sell or trans
port to either such articles as they may
wish to buy, subject to risks of capture
for violation of blockade or for the convey
ance of contraballd to belhgerent ports.
"a beligerent cannot send out priva-
teers from neutral ports.
"Neutrals in their own country may
sell to belligerents whatever belligerents
choose to buy. The principal exceptions
to this rule are that neutrals must not sell
to one belligerent what they refuse to sell
to another and must not furnish soldiers
or sailors to either, nor prepare nor suffer
to be prepared within their territory armed
ships or military or naTal expeditions
against the other"
William B. Hornblower, whom Presi-
dent Cleveland appointed to the supreme
bench, and whose confirmation Senator
Hill prevented for political reasons, said:
''Should the United States recognize the
independence of Cuba we would be bound
to regard the insurgent government as tho
only lawful government in the island of
Cuba, and to act accordingly and to disre-
gard the rights of Spain. Such conduct
on our part might lead to controversies
with Spain which might furnish a casus
belli. do not personally believe, how
ever, that such result will follow in any
event.
'The mere recognition of belligerent
rights on the part of the Cubans would
not involve Us in any complication with
Spain. It is different thing from recog-
nizing the independence of the Cubans.
1.-The recognition of belligerent rights is
merely the declaration of our opinion that
the insurgents have established a stable
government and are entitled to all the
rights of war. This was what was done
by Great Britain during our late war.
"Such a recognition, however, would
not relieve the United States of it's obliga-
tions toward Spain in the way of prevent
ing the sending out of privateer or flibus-
tering expeditions in aid of the insurgents
from our ports. We established this prop
osition in the Alabama arbitration against
Great Britain.
Furthermore, such recognition of a
state of war between Spain and the in
surgents in Cuba would give Spain the
right to search our merchant vessels for
goods contraband of war. This is the
only respect in which our relations with
Spain would be particularly altered by
such recognition, as far as can see. -
New York Journal