The evening times., 1897-02-15
THE CHARGE IS PIRACY
Attorney General Harmon Argues
the Three Friends Case.
WHAT RECOGNITION MEANS
IL the Cubans Are to Be Treated as
BeIIigerents Americans Must
FOrego All Claims of Damages and
Spain Is Free to Protect Herself
From FilibuSters.

The Supreme Court ofthe United States is
today considering the question Of the re-
lations OF this country to Cuba, as brought
up by the case OF the Three Friends. the ship
seized in November at st Johns. Fla,
as forfeited to the government by section
6283, r. s., for engaging in filibuStering
The statute under which the seizure was
made speaks OF attempts to aid colony.
district or people" and the owners OF the
ship have claimed that the law is not OPP
erative until there has been recognition
of belligerency. Judge Locke, OF the
Florida court, sustained thz view, and the
case came here on appeal Attorney Gen
eral Harmon and Assistant Whitney appear
Cor the government.
The argument presented by tie Attorney
General puts the principal point to be
decided by the court as follows:
whether the words colony, district, or
people, in the section above quoted, include
tnsurechonary bodies like the present re
public OF Cuba whose bcIlig ligerency, tech
nicaly speaking. has not yet been necag-
nized by the Executive Department OF our
government
1T is then stated that the existence Of a
civil war in the ordinary sense Of that term
may be made known by what is sometimes
called a recognition OF insurgency.
THAT to justify a recognition Of bel
hgerency there must be something more
than the mere existence OF a civil war
the nation which gives the recognition
must he impclle1 to do SO for the protection
OF its own nights or those OF its citizens.
THAT the recognition OF an inSurgent
body as a belligerent, in the technical
sense OF the phrase makes that insurgent
body a state for all purposes Of the war"
The Attorney General states that the
consequences Of recognition of the
beIligerency Of an insUrgent body-while
&C neither increases nor diminishes the
duty Of non-interferenCe-aT very serious.
The neutral nation must abandon further
claims for reparation on account of dam
ages suffered by its citizens through
the hostilities Its merchantmen must
submit TO the rights OF the blockade,
visitation, search and seizure OF contra
band articles on the high seas.
He adds that if the United States should
be forced to recognize the present hos
tilticS in Cuba as a civil war, technically
speaking, the shipment Of arms, ammuni-
insurgents would become much more diff
cult
Mr. Harmon holds that President Cleve-
land by proclamation and by statements
In his annual messages has recognized the
fact that hOStilities are in progress in
Cuba. but such action has not conferred
belligerency upon the Cuhans. The recog-
milton extended has been recognition of in
surgency."
In support OF his contention that the Gu
bansare D, ople, Mr. Harmon declaresth
any ody OF Individuals claiming tie right
to be Independent and struggling TO achieve
their independence are commonly called a
people from the moment when the struggle
becomes important enough TO attractthe at
tention Of the world and they viii not be
called hy this name any sooner because, by
Teas on of their access to the sea or their
oontiguity TO some other nation, their tel
Hgerency may Ioceive veforcignrecocnition at
an "a rlicr stage OF the insUrrection.
Mr. Harmon cites the proclamation OF
the President to show that Executive rec
ognition is a past fact, and wa given when
the libel against the Three Friends was
filed. When a vessel belonging to citizens
of the United States commits hostilities
upon the high seas against friendly
power, he says, her act prima facie pi-
ratical She is forfeit, and her owners,
officers and crew are liable 10 be hanged
If the act is done in the interests OF a
colony, district or people struggling for
Independence, then it is freed from this
imputation. and the punishment is under
o different and milder law.