The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-09
BELLIGERENCY AND WAR.
From the Philadelphia Press.


sundry Spanish papers are inclined to
treat the grant of beiigerent rights to
the Cuban irsurrection by the United
States as a fit ground for war. The Span
ish government has a right--as has every
nation-to make that or any other act "A
Casus bciii, an occasion for n declaration
OF war, but it would be an occasion and
not cause. Precedent is overwhelming
that the recognition of a bclliSerent cUnd-
ton as existing Is not ground for war.
1t was not so held by Spain when England
recognized the belliGerency of her colo
nies at the opening of the century. This
country did not even characterize the
proclamations giving bell.gerent rights at
the opening of our own civil war as "un-
friendly acts Spain was one Of the
hrst and earliest powers to Issue such
proclamation and did SO while every or
gan of Spanish opinion was expressing
sympathy with the south. With Spain
and with all the other powers our position
was that the facts did not warrant these
proclamations; but we never claimed that
they gave us the right to break Off diplO-
matte relations or threaten war.
-::-
The entire theory of belllgerency pre-
cludes this. The proclamation in which
nized as existing Is never addressed to
other nations. 1t Is not for them. 1t does
not alter their status in the struggle or
out of it. 1t has nothing to do with either
as their mutual relations are concerned.
If the combatants were on one side or
the other traitors, traitors they remain.
If both combatants refuse to recognize the
laws of civilized warfare or one does So
as IS the case with Spain-a recognition
OF belligerency does not alter this. In war
it is fundamental principle that the only
judges and the last and supreme judges
of the way in which the war shall be con-
Quoted are the two combatants, except
"a M N n G on ha iyht IN
Of third parties. 1t is the essence of war
that laws and regulations cease, except as
one cCmbatant or the other regards
them. If the rules of war" are broken.
intervention: First. their right to act
anywhere on their own discretion as
guardians of civilization; second, their in
defeasible right to act If they deem their
individual interests menaced. and, third,
their mutual and general right to proffer
friendly Offices" subject to the equal
right TO reject them.
--:l:-
The theory of the recognition of bel
ligerent rights rests on the fact that q
neutral government notes a state of war
existing and warns it's own subjects not
10 take part In 1t or be drawn into 1t in
any way whatever. Instead Of relaxing
American precautions against shipments
Of expeditions, the departure of vessels
or the extension of aid to either combat
ant 1t increases these precautions. AS
long as there is only a mob and bandits in
Cuba the United States authorities may
be ignorant, but when the government it.
self sees war there and proclaims the fact
the United States is ubject to all the spe-
ciic responsibilities of neutral. IT, for
instance. an armed vessel or one ready
to become one left our ports and at
tackled Spanish commerce, the United
States would be responsible for every dol
lar of damage done. unless able to prove
aflirmatively that all reasonable precau-
tiors had been taken to prevent the es-
cape In addition, when balligerent con-
would have a right to search our mer-
chantmen on the high seas, If reasonable
ground for suspicion existed in regard
to them and the search was properly con-
Quoted.
-.l:--
For Spain under these circumstances
and conditions to make the proclamat ton
and injunction of strict neutrality by the
United States ground for war would he
ridiculous. Recognition of Cuban irde-
pendcrce would he another matter Rec
ognition Of a bel!igerent condition carries
no threat of war, hut Is instead a pledge
of neutrality. Since 1t is an act which af-
fects and determines executive policy, II
rests with the president, and must rest
with the president, to decide when and
how the RECOGNITION of belligerent condi-
tions and pledge of neutrality shall be
made. The express opinion of congress
mas ltS weight anu must De regarded, but
the time and method of passing on the
facts which constitute a condition of war
and require n warning to the citizens of
the United States that absolute neutrality
must be observed are subjects for eXecu-
tive action through diplomatic channels
If, indeed, Spain Is looking for quar-
rel and prefers--as several English news
papers. among others the conservative
London Economist. aver--to lose Cuba by
war with the United states rather than by
~ n nc
another, but this country cannot permit
such a spirit or attitude to affect its dis
charge of neutral obligations by recogniz-
ing the presence Of war IL war exists.