The evening times., 1896-02-06
CUBA As 4 BELLIGEREIr
Effects That Would Follow The Resegnl.
ton Of The Rebels.
The Insurgents Would Be as One
Of the Fami y of the
Nations
New York Sun.


The talk OF the right of the Cuban patriots
to recognition as belligerents by this coun
Try has set Americans to as sking what bel
hgerent rights are and under what circurn-
stances they may be conferred upon revO-
iuti"nHf>- When an insurgent becomes
beiligerent the body which has opposed
ltself to the existing government and
demanded and fought for an independent
government passes from a band of men
of no standing to the place of an organized
political entity having equal rights to
those or the government 1t attacks in the
ports and territory OF the countries that
recognize Its belligercncy, and for the
practical purposes OF carrying on its war
fare 1t has the rights OF a sovereign
power although the question of the recog-
milton or its independence is separate
/ from that of its belligerency.
when an 1nsurgent becomes q bcIliger-
ent, when you recognize an insurgent as a
behlgerent, you grant TO him the same
rights in your ports that the other party
has" said Prof. j. b. Moore, who lectures
on international law at Columbia College;
that Is the substance OF beIligerent rights"
The recognition of belliserent rights is
not solely to the advantage of the i'll
surgents, X. H. Dana, Jr., says in a note
in his famous edition OF Wheaton. They
gain the great advantage OF a recognized
SIRIUS, ana the opportunity to employ COM
missioned cruisers at sea, ana To exert all
the power known to marine warfare with
the sanction of foreign nations. They can
obtain abroad loans, military and naval
material, and enlist men, as against every
thing but neutrality laws; their flag and
commissions area acknowledged theirrevenue
iawsare respected, and they acquire q quasi
political recognition. On the other hand,
the parent government is relieved from re-
sponsibility 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 meritime war;
In another part of the same note. which
is upon the recognition OF an iDsurgcnt as
a telligereDt, Dana says:
The foreign State is fOund and entitled
to consider the preceding history of the
parties; the magnitude and completeness
or the political and military organizations
and preparations on each side; the prob
able extent of tie conflict by sea and land;
the probable extent and rapidity of its
development, and, above all, the proba-
biity that It's CwD merchant vessels, naval
Officers and oonsuIs may be prccpita;cd
into Sudden and difficult complications
abroad. The best that can he said is that
the foreign State may protect itself 10y a
seasonable decision-eitherU a test case
decision-while, on the other hand. if it
makes the recognition prematurely, IT is
Liable 10 the suspicion OF an unfriCndly
purpose to the parent state.'
The whole passage, parts of which only
are quoted atove. IL is ointed out in
..wharton's International Law Digest,
is cited by Sir A Cockburn in his OF ihion
in the Geneva tribunal, with this prefix:
The principles by which Il neutral State
should he governed as to the circumstances
under which or the period at which to
acknowledge the bellieerent status of in
surgents, have been nowhere more fully
and ably or more fairly stated than by
Mr.. Dana, in his edition of Wheaton, in
notc.'
gains by the recognition OF insurgents as
belligerents WhartOn's work presents this
except from Bernard's Neutrality of
Great Britain"
1T is easy to see what they (tbc United
Statcs) gained tby the acknowledgment OF
Confederate bellgerency). They gained he
liberty to exercise against British ships on
the high seas the rights OF visit and search,
of capturing con'raband ard Of blockade,
rights which spring solely from he relation
OF belligerent and neutral. ard which the
neutral acknowledges by recognizing the
existence of that relation. The advantages
rraped in maritime war by the exercise
of such rights fan, where there is a dis
parity of force. into the hands of the
stronger belligerent; where the disparity
is great he has monopoly OF them, for he
is able to shut up his enemy in port and
drive him from the sea-"
Bat with the results to the insurgent of
the recognition of them as bclligerents
a neutral government is not primarily con-
cerned.
1T is n we,i-known fact" said Secretary
T
date of September 20. 1896, according TO
wharton's Digest" THAT vessels of the
South American provinces were admitted
into the ports of the United States under
their own or any other flags from the COM
mencement of the revolution. and 1t is
equally true that throughout the various
civil contests that have taken place at
different periods among the States that
sprung from that revolution the vessels of
each of the contending parties have been
alike permitted to enter the ports of this
country. 1t has never been held necessary
as n preliminary to the extension of the
rights of hospitality to either that the
chances of the war should be balanced and
the probability OF eventual success deter
mined. For this purpose it has been deemed
sufficient that the party had declared it's
independence and at the time was ac-
tual'y maintaining il.
"Such having been the cause hitherto pur-
sued by this government, however i'm
portant il might he to consider the proba-
bility of success, if a question should arise
as to the recognition OF the Independence
of Texas, it is not TO be expected that it
should be made prerequisite to the mere
exercise of hospitality implied by the ad-
mission OF the vessels of that country into
our ports. The exclusion OF the
vessels of Texas while those of Mexico are
admitted, is not deemed compatible with
the strict neutrality which 1t is the de-
sire and the determination Of this govern
ment TO observe in respect to the present
contest between those countries. In
this frank expression OF the views and
policy Of the United States in regard to n
matter of SO much interest as the war now
raging between Mexico and its revolted
province. 1t is hoped that new evidence
will be perceived, not only of the consistency
and impartiality OF this government in its
relations with foreign countries, but of
tn. sincere desire which is entertained. by
suciI an exposition OF its course. TO cherish
and perpetuate that friendly feeling, which
will see in the scrupulOus regard that is
paid to the rights Of other, md even OF
rival, parties. one Of the surest guarantees
that its own will continue to be respected
q