The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-03-05

rbe question is often asked, What
advantage viii Cuba derive from a
recognition Of belligerency by the
United states?"
IN a general way it may be stated to
be merely to accord to the recognized
community the privileges of the law.
when an insurgent body becomes
belligerent it passes from band OF
men of no standing to the place Of an
organized, political entity, having
equal rights to those of the govern
ment it attacks in the ports and terri
tory of the countries that recognized
the belligerency; so that for the prac-
teal purposes of warfare it has the
rights of a sovereign State"
1t is to the interest of all civilized
communities that belligerency in
party strong enough to create powers
analogous to those of State be recog-
nized in order TO avert the criminal
pursuit of the insurgents. Unless so
recognized the struggle becomes more
savage. the two adversaries mutually
seeking to surpass each other in acts
of barbarism and cruelty as is now wit
messed in Cuba.
Belligerent communities are not le-
gal persons, and do not possess per-
manent independence, so that there is
no legal ground upon which they can
demand recognition. When accorded,
il is an act of pure grace. The laws Of
humanity require that the quality of
belligerency be accorded to the party
strong enough to maintain itself and
preserve order. so that it be not consid
cred a band of criminals. 1t is a condi-
ton that the belligerents must have
military organization, and they must
respect the laws of war and struggle
for a political right. The situation in
Cuba meets these two requirements.
According to the view presented in
the Senate by Senator'S White and
Gray, the recognition of belligerency
is simply, to quote Mr.. Vest, "brutum
fulmen and amounts to nothing" Sen
ator Gray contended in the debate
that the Cuban armed vessel which was
fitted out in New York had a right to
sail in broad daylight from the port
OF ,ew York Mr.. Gray said:
'.As things now are there is q gen
eral duty resting upon the United
G4a+ae ne n pansvfraI nation tnynqYI tho
kingdom of Spain, with whom she is at
peace, to repress every attempt com
menced upon the soil of the United
States to interfere with the internal
peace of and conditions of things
within the dominion of Spain, but that
if belligerency is accorded and the
neutrality of the United States de-
clared, then we rest upon the obliga-
tion created by our municipal law,
sometimes called the neutrality laws.
BY these laws any military expedi-
ton fitted out within the United
States to make war upon the domin-
ions of a government or a sovereign
with whom we are at peace is de-
nounced and made an offense against
the United States; but only such an
expedition, to-wit, a military expedi-
ton organized as such. Those laws, |
contend-and it has been so iudiciaIly
determined-do not interfere and
were not intended to interfere with
ordinary commercial transactions
which the citizens of the United States
may engage in, whether i'm the ship
ment of arms or the shipment Of con-
densed milk to the Island Of Cuba, and
that citizen Of the United States
has as much right in open daylight to
consign d cargo Of arms on board Of
q vessel destined for Cuba as be has
to load upon that vessel q cargo Of
plowshares. Of course, in all such
cases he would take the risk OF capture
by Spain.
And that any number Of men who
undertake, or who wish, from any
cause whatever, to go to Cuba, though
they ayOw when they embark on
the vessel and sail from our shores
that they intend to take part in the
revolution there existing, have a right.
so far as our municipal or neutrality
laws are concerned, to do 50. They
exercise their freedom as citizens Of
this country, and anything that they
DO in carrying out that intent is not
obnoxious to our sO-called neutrality
laws. 1t has been determined within
the last six months by more than two
courts Of the United States that moth
ing but the fitting out Of military ex-
petition in the United States or the
sending Of armed ships against the
territory or dominion Of the Sovereign
Of Spain comes within the dcnuuca-
ton Of those neutrality laws
This is right, and it would be in
tolerable to free people if it were other
wise"