New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1897-09-22
Wednesday September %, 1897. ::

Thursday reported General Flagler as say
ing that he could not see how an arrange
ment between the Spanish government
and the Cubans in the matter Of ex-
change prisoners would at all affect the
attitude of the United States toward Ell
ther. He also said that '.during the re-
bellion theUnited States accorded TO the
south all the rights which are generally
accorded an enemy, yet denied the right
of any foreign government to accord
them belligerent rights, and the courts
have since held that the southern army
were mere rebels.'
Gen. Flagler's position is weak and
untenable. Our supreme court decis
sions are clear on the point in question
and certainly treat the rebellion as a
war from beginning to end.
Instead of applying the statute laws
of the United States as to relations be-
tween residents of confederate and legal
states, it applied the law of nations.
Our government certainly treated the
confederates as engaged in public war,
otherwise, instead Of confning prisoners
in military prisons they would have
been subjected to in lictment for treason
and prosecution in the courts.
Sc with regard to the naval forces.
Our government never treated confeder-
ate vessels us plratical, which it would
have done, as matter of course, if it
had not recognized the existence Of war.
After the president had published his
proclaim ation for the blockade of seces-
sion ports on the 10Th of April, 1861,
war existed. That proclamation recog-
nized it's existence, and the courts have
so held without exception.
The European. governments 1mmedi-
ately recognized the rebels as belliger-
ents. Spain was one Of the first to do So.
They did not wait for our consent. If
they had, they would in all human prob
ability never have received it. The idea
that nation at war should voluntarily
consent to proposition that would put
its opponentin position to carry on war;
fare ctfectuslly is too absurd for any mind
not controlled by the Influences which
have swayed last two administrations, to
entertain. If we are to wait to recognize
Cuban belligerency until Spain says that
we may it is reasonably certain that the
valiant Gen. Flagler will never have oc-
casion or opportunity to win laurels in a
controversy with Spanish arms.
When the Spanish authorities entered
into terms of capitulation with the insur-
gents for the Notifications of Las Tunas
and arranged for the exchange of pris-
oners, they acknowledged state of pub
lie war and there is no possible escape
from this conclusion.
The difference between state of pub
bic war and q mere insurrection is this
In case of a mere insurrection all pris-
oners captured are regarded as law
breakers, guilty of treason and punisha-
bic under the criminal laws. In Il state of
public war the individual is not Liable
as criminal for his participation. By
exchanging the insurgents as prisoners
Of war, the insurgents We're purged of
any crime that Spain might have alleged
against them. 1t was acknowledged in
the most solemn manner known to the
law of nations that by reason of them
being engaged in a public war, they
were not guilty as criminals for the acts
that they had done. >'
Thus Spain, by It's own act, forces the
sugar trust, the Wall street representa-
tives of Spanish bondholdcrs and the
cowardly administration at Washington
into a hole, and compels the latter to
recognize the belligerency of the Cubans.
This recognition is bound TO come if our
government would not stand before the
civilized world as a craven.
Ex-Secretary of the Navy Herbert adj
.vises an annual addition to the navy of
two battle. ships and fifteen torpedo
boats. y He would increase the battle
ships on the Atlantic by six and on the
Pacific by the same number. and the to-
tai number of torpedo boats to seventy
fve.t &=/. I. --,-. i
The Minnesota Law Journal carries
the logic of injunctions to the extreme,
when it says: tSs.' ss - ss 49,
The new Eastern injunction is very
energetic institution. It prevents half
paid miners from travelling on the high
ways, assembling in public places, or
complaining of the hardships. It oper-
ateS ent1relv regard lpss nf whpthpr fhoro