The times. [volume] (Richmond, Va.) 1890-1903, 1897-01-07
WE NUS OBSERVE OUR oBLIGA.
IONS.

IIlI ~ a 49,
Of Congress from this State. in regard to
the course this government should pur-
sue toward Cuba, and as II seems 10 rep
resent the views Of many people and IS,
In our Judgment. totally at war with rea-
son and our duties under the laws Of ma
tons to Spain. We think 1t worm d
brief examination. That the case may be
clearly understood We reprint what Ar.
Swanson said. as follows:
u think that this government should oc-
cupy a position OF strict neutrality inns
can only be done when belligerent rights
have been extended to the Cubans. When
this IS done then Cubans Will have an
equal right with Spain TO purchase arms
and supplies here. OF course. subject 10
seizure and capture by the Spanish gov
eminent. At present. and for the last TWO
years. our government has rendered sub
stantial and material aid TO Spain. ana
has done much 10 retard the success OF
the revolution.
"Our navy and revenue cutter service
have don grand duty for Spain and
prevented the Cubans from receiving any
substantial aid from this county. l be
iieve this has been as potential as any
thing Spain has done 10 maintain Spanish
authority. / believe had We granted
bcliigerent rights and thus been strictly
neutral. that the Cubans would have by
this time established their Independence.
/ think II a shame hat this government
SHOULD lend its aid and Influence 10 per
petuating Spanish misrule on the island.
"If belligerent rights are granted. j be
lieve Cuban success VIII very soon come.
This action OF our government would be
no evidence Of hostility TO Spain. and she
could take no exception thereto. A rec
o~gnition of Cube's Independence would he
an act Of hostility. and would inevitably
embroti Us in war with Spain. / am OPP
posed 10 this. In addition 10 what 1 have
said. II seems to me that we can make
no complaint OF the cruelty the Spanish
government perpetrates upon tho captur-
ed Cubans when we ourselves refuse 20
grant them the right Of belligerents. for
until this is granted by the Spanish gov
eminent TO the Cubans. they are treated
az guerillas. rioters an. lawbreakers. not
entitled TO the usages and treatment Of
regular warfare.
1T seems ridiculous TO expect Spain 10
treat them az. and give them the rights
OF, belligerents, when we ourselves refuse
10 do So"
our correspondent adds that Mr.. Swan
sons views are shared by nearly all the
friends Of Cuba in the House. which
makes II very necessary to examine them
and ascertain just how fur they are
sound and how far unsound.
We assume, OF course. that Mr.. Swanson
considers this country bound by the laws
OF nations. Unless he should himself tell
us that he did not. we could not. Of
course. assume that he did entertain that
opinion. We assume, therefore, that
while he says he is opposed to the recog-
milton OF Cuban independence he means 20
say that the laws OF nations would not
Justify this in the present state Of the
case. and that ne cannot therefore. DO
it. But. II he admits the binding obliga-
ton OF the laws of nations upon us. upon
what theory will he recognize the bel
ligerency Of the Cuban insurgents2
The conditions necessary for recognition
of the state Of b%elligerency are just as
well defined as those necessary for recog-
milton of the state Of independence The
laws Of nations are perfectly explicit upon
both. and they have been defined and ex-
planned in no international tribunal with
more clearness and force than by our own
Supreme Court in the Prize cases reported
by Black.
Before an Instruction cana be lifted 10
the plane of beligerency the insurgents
must have an organized government that
occupies a defined territory that holds its
courts open IN that territory and admins
tiers the laws OF the insurgents in il be-
tween man and man; that keeps open the
pOstofices and delivers tle mails. and
that performs generally the functions OF
a civil government within that territory.
These. or similar conditions. are abso-
lutely necessary to the state G" belllger-
ency being conceded to insurgents.
Now. can Mr.. Swanson say that any
such state of affairs exists in the island
Of Cuba? II he can he has information
that is withheld from the rest Of the
American people. Our own information is
that there is no pretence Of an organized
and settled government upon the island.
49, NH@N NtI AHEH nNAAN NAA0
Of collecting taxes is TO notify a planter
that his property has been assessed with
a certain sum, and that if it is not paid by
a certain time his sugar houses and barns
VIII be destroyed By fire. We know "a gen
tleman who has recently been in Cuba who
has in his possession one of these tax
lcyios in these terms and who got
IL from a planter upon whom il was
regularly and duly served. II may be in
teresting to add that this planter paid his
assessment. which gives the Cubsns the
right to say that their revenue laws are
effective If not very regular.
We do not see. therefore. how Mr..
Swanson Will be able 70 climb to any
position tina will Justify the recognition
OF Cuban belllserency. even though that
should have the effect OF making us abso-
lutely neutral. according to his idea of
neutrality between the contending fac
tons there.
But Mr.. Swanson's idea OF neutrality
is a very different one from the legal idea
of that condition. His idea OF 'neutrali-
ty" is thai we should be careful to allow
a government and an Instruction against
that government to have an equal show at
whatever we have that either would like.