Omaha daily bee., 1896-03-01
NOT An ACT OF HOSTILITY.


United States should accord belligerent
rights to the Cuban insurgents it would
necessarily be an nnfriendly act
toward Spain. This appears to be the
view of the English press, whose COM
ments on the action of the senate imply
that granting belligerency to the insur
gents would justify Spain in declaring
war against this country. This view is
erroneous. 1t was distinctly declared in
the discussion of the resolution that
passed the senate that the simple recoS-
milton of the fact of beiligerency is not
a caSus belli; it does not mean war. and
it was pointed out that although Spain
acknowledged the belligerency of the
confederate states within three months
after the breaking out of our civil war,
there was never any thought or sugges-
tion of making this n cause of war with
Spain. So when England and France
recognized the confederates as belliger
ents it was accepted by our government
as a right belonging to those nations
not to be questioned. Every government
must judge for itself whether it will
accord belligerent rights, regardless of
the opinions or wishes of the parties to
war or of any other government.
In special message to congress in
1870, on the subject of recognizing the
bellgerency of the Cubans in the then
existing war with Spain, President
Grant said: "The question of belliger-
ency is one of fact not to be decided by
sympathieS for or predjudices against
either party. The relations between the
parent state and the insurgents must
amount. in fact, to war in the sense of
international law. Fighting, though
fierce and protracted, does not alone
constitute war; there must be military
forces acting in accordance with the
rules and customs of war-iags of truce,
cartels, exchange of prisoners, etc.
and to justify a recognition of beller-
ency there must be above all a de facto
political organization of the insurgents
sufficient in character and resources to
constitute 1t, il left to itself, n state
among nations capable of discharging
the duties of Il state and of meeting the
Just responsibilities it may incur as
such toward other powers in the dis
charge of its national duties" The
Situation In Cuba at that time not con-
forming to these conditions General
Grant refused to accord belligerent
rights to the insurgents; but 1t Is not
necessary that now the government
shall require all these conditions before
granting belligerent rights. 1t may
take such action simply on the ground
that its interests and the interests of
it's citizens demand 1t, and If this be
done in good faith it could not fairly
be challenged as an act of unfriendli-
ness to Spain, or at any rate as IA cause
of war.
There Is apt to be confusion regarding
the granting of belligerent rights and
n recognition of independence, due to
ate resolution. 1t should be understood
that recognition of the insurgents as
belligerents would in no way involve
the recognition of their Independence.
The two things are widely different.
Recognition of the independence OF the
insurgents by our government would
indeed be a cause of war. A rule ac-
cepted by authorities on international
law is this: $50 long as a nation is
engaged in a domestic war with por-
tion of its own members any other ma
ton which recognizes their independ-
ence commits an act of aggression and
becomes party to the war. But It
may, without offense, recognize them
as belligerents." The senate resolution
goes no further than to request the
president to use his friendly offices
with the government OF Spain for the
recognition of the independence OF
Cuba, and while Spain would undoubt-
edly resent such an interpositlon she
could hardly find in it justification for
declaring war against the United
States.
1t is unquestionably true that in ae
cording belligerent rights to the Cuban