The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-11
Some Results if We Recognize the
BeIIiGerency of the Cuban Republic.

Some Results if We Recognize the
BeIIigerency of the Cuban Republic.
New York Sun.
Though this Nation has not outlined it's
policy in regard to Cuba, the Maine incident
aside, there is a belief more or less general
that the first step to be taken would be
the submission to Congress of all the facts
in the possession of the administration in
relation to the revolution and possibly a
recommendation that the belligerency of the
Cuban republic should be recognized.
There is more difference of opinion about
what the recognition of the belligerency OF
the insurgents means and what rights IT
would guarantee to them or give to them
than about any other question now under
discussion. Here, briefly told, is what the
accepted books on international law say
about it:
A neutral nation shall not lend money to
belligerent. 1t shall not sell to 1t any
munitions of war or any war ships. ma
ton is bound to use due diligence to prevent
the fitting out, arming, or equlpping Wlthln
it's jurisdiction Of any vessel which 1t has
reasonable ground to believe is intended to
cruise or carry on war with power with
which it is at peace, such vessel having
been specially adapted in whole or in Fart
within such jurisdiction to warlike uses.
It shall not permit or suffer either pei
as the base of naval operations against the
other, or for the purpose of renewal or aug
mentation Of military supplies or arms or
the recruitment of men.
That is to saw, if the United States recog-
niZed the insurgents as belligerents 1t could
not lend money TO them, II cOuIQ not Sell
them war supplies or war ships, 1t could
not permit their ships to remain in our
ports except in stress of weather or to make
repairs any longer time than is necessary
to take on board provisions (Which may
include coal sufficient only to permit the
return Of the vessel to one OF the insur-
gents ports If they have one.)
But the individual is not so bound The
law is that between the belligerents and the
individual no legal obligation can n be said
try may lend money to the insurgents. That
is a matter of business.
Woolsey says: THE private person. If the
laws of his own state or some special treaty
does not forbid, can lend money to the
enemy of state at peace with his own
country, enter into its service as a
soldier without involving the government Of
his country in guilt.
Snow another great authority, says: GAS
to the munitions of war an application of
this same rule seems logical" The follow
ing quotation from Thomas Jefferson gives
the past and present practice of this Nation
ways been free to make, .vend and export
arms. 1t is the constant occupation and
livelihood Of some of them. To suppress
their callings, the only means, perhaps, of
their existence, because a war exists in for
eign and distant countries in which we
have no concern, would scarcely be expect
ed. 1t would be hard in principle and i'm
possible in practice. The law of nations,
therefore, respecting the rights of those at
peace ter, Does not REQUIRE IRON them SUCH an
1t is satisfied with the external penalty pro-
nounced in the Presidents proclamation,
that of confiscation of such portion of these
arms shall fall into the hands of the bel
ligerent power on their way to the ports Of
their enemies.'
So, 1t would seem, the isurgents would
have the right to purchase here all manner
of munitions of war and ship them subject
only to the risk of capture by the Spanish
The recognition of belligerency would also
give to Spain and to Cuba, if it gets navy,
the right to hold up American ships when
ever they meet them and search them for
articles contraband of war, and If these ar
ticles are destined for the use of the enemy
right to confiscate the articles and any
other things in the ships cargo that may
belong to the consignor Of the munitions of
war,