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

the rules and customs of war, such as
the use of flags of truce, the exchange of
prisoners and the treatment of captured
insurgents and the exercise by the pa
rent government of the rights OF block
ade of the insurgent ports, and of stop
ping and searching neutral vessels at sea,
are also evidences of the fact of what Is
known to the law of nations as war.
THE mere existence of contending armed
bodies and their occasional conflicts,
said President Grant in his message to
congress in 1875, do not constitute war
In the sense referred to-" That Is. 1t
must be very clearly defined and well
sustained to warrant the according or
belligerent rights.
First, therefore, for a justification of
interference, war must exist; and, in the
second place, the foreign government
making proclamation of neutrality must
find that Its own rights and interests
are affected by the affairs of the troubled
state. Proclamation without these re-
quisites is regarded as 'gratuilous ana
rnfriendly act" Early in our rebellion
England and France gave the recogni-
ton of beligerency to the south, and We
have not yet ceased to speak of their
course as very ungracious one. Yet the
queens proclamation OF neutrality was
not issued for about a month after the
ports of the south had been by the fed"
eral government declared in a state of
blockade. That declaration, according to
international law and according to de-
cision subsequently made by our supreme
court, was itself an act of war and a
certificate that war existed. And II war
existed and the English and the French
had such commercial and other relations
here that their people needed rule to
guide them in their dealings and affairs,
then 1t was pertinent for those countries
to lay down a rule. Our own government
had declared by that act and by others
what it censured England for declaring
namely, that there existed q state of war.
England did less than the United
States has done through the reyolts in
South America, when Mr.. Monroe FOR
mulated this free-and-easy rule as the
one followed in according the rights of
helligerents to the insurgent colonies of
Spain: "As soon as the movement as
sumeS such a steady and consistent
form as to make the success of the prov
ipces probable, the rights to which they
are entitled by the law of nations, as
equal parties to civil war, have been
extended to them" Since that time the
probability of success has come to be,
ostensibly at least, a factor not to re-
ceiye important consideration; for an in
surrection may be very formidable in
it's proportions and quite certain of sue
cess and still have such foundation in
wrong as to be undeserving of Internal
tional countenance. Here Is one Monroe
doctrine which this government did not
wish to have applied when it found itself
| in the condition of the country In rela-
| ton to which it was pronounced. From
| the firing on Fort Sumter to the end the
| Southern Confederacy had decided
| " consistent FORM" and the times were
| not few when it looked as though its
success was close at hand.
| 1t is not contended that recognition
| should be denied to the insurgent Gu
! bans. for it is always desired that good
| and independent government succeed a
| bad and despotic one; but 1t is clear
| from the foregoing extracts from history
| and law that presidents, which always
reappear in time, should be made with
the utmost care, and that it is wise to
| consider as we'll the claims of the parent
government as the desires and aspra-
! tons of the party In revolt. Extending
! the rights of belligerency is step to be
| taken slowly as congress seems to think.
'It is an act" to quote from Secretary of
| State Fish, like the sovereign act of
| war, which the morality of the public
law and practice requires should be de-
| Nberate, seasonable and just"