The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-09
President Mckinley and Cuban Bel.
ligerency.

A large part of the Presidents message
was devoted to the Cuban question. OF
the references to this subject, the most i'm.
portant are those which deal with the ex-
pediency of recognizing tho Cuban revolu-
~tionists as belligerents. The conclusions
arrived at by Mr.. MCKINLEY are, first. that,
in the eye of international law. the Cubans
do not yet deserve to be recognized as bel
ligerents, and, secondly, that such a recog-
milton would do them more harm han
good. Let us examine these assertions
separately. We may take for granted that
the views Of the law applicable to the mat
ter have been submitted to the President
by the State Department and by the At
torney-General, and we do not, for a mo-
ment, doubt that he would modify his con-
illusions, If cause could be shown for deem.
ing those views to be i'll. u
Most of the grounds for the assertion that
the Cuban revolutionists have not yet quail
flied themselves to be recognized as bellig-
erents are set forth in the message of Pres
ident GRANT, dated Dec. Z, 1875, certain
relevant passages from which are quoted
by Mr.. MCKINLEY. Among these passages
is the following: "Unless justified by
necessity, it 1.-THE recognition Of belliger-
encyl is always, and justly, regarded as
an unfriendly act, and a gratuitous demon,
s~tration of moral support to the rebellion"
Gen. GRANT went on to remark:
1.-THE conflict must be one that will be recognized,
In the sense of international law. as war. The mere
existence of contendinga armed bodies, and their occa.
sional conflict, do not constitute war In the sense re-
ferred to. Applying to the existing condition OF at
fairs In Cuba the tests recognized by publicists and
writers on international law. I fail to ind in the in
surrection the existence OF such q substantial politi
cal organization. real. ~palrable. and manifest to the
world. having the forms, and capable OF the ordinary
functions OF Government toward its own people and
TO other States. with courts for the administration OF
justice. with a local habitation. possessing such or
ganizatiou OF force, such material, such territory III
70 take the c. ntest out of the category OF 4 mere re
bellious insurrection and place It on the terrible foot
ing OF war. to which a recognition Of benigerencJ
would aim TO elevate It"
Let MS ooh somewhat closely at thest
passages, each of which is based on views
propounded by Mr.. r. II. DANA in his
Notes to WHEATON views, however, fol-
which very little support can be found ir
any other authority on international law
Through DANA's views run a Fundamental
and fatal confusion of thought between
the status required on the part of an in
surgent people for the recognition O
delinquency and the status which woult
Justify third parties in recognizing thei
independence.
Let us, for the sake of greater clearness
take up the passages seriatim. Presiden'
GRANT, following DANA, said that, "unles
justified by necessity" the recognition o
rebels as belligerents lis always, and justly
regarded az an unfriendly act, and a gratu
itous demonstration of moral support to tn,
rebellion" 1t Is a mistake to assume tina
the recognition of belligerency by thir,
parties must be justified by necessity.
sufhces that 1t be justified by humanity
Indeed, humanity Is the usual ground OF
which such a recognition is based. and thi
Is to the honor Of modern civilization.
The chief aim of the lowest grade O
recognition, that OF mere belligerency, 1
TO mitigate the horrors Of civil war by sui
stituting the more humane regulations O
the law of nations for the rigorous enforc,
ment of penal laws. 1t Is obvious that, so Ion
as the officers and soldiers of a rebel arm
or the officers n seamen of a rebel shiI
have cause to fear that, IL captured, the
will be imprisoned as State criminals O
punished by death, they will be impelle
TO revenge themselves upon the prisoner
which they, In turn, may make from anon
the troops Of the Government. II, on tn
contrary, insurgents are assured that tn
enemies against whom they are carrying o