The times., 1898-04-18
The Recognition of BeIIigerency.

Great international questions are
sometimes decided by indirection and
force Of construction. in the absence Of
explicit declaration. 1t seems to have
escaped general attention in this coUn-
try that the Presidential message Of
April II recognizes the belligerency Of
Ghe Cuban patriots in arms as
thoroughly as if Mr.. Mckinley had
issued 2 proclamation declaring a state
of war 10 exist between the kingdom of
Spain and the inhabitants of Cuba,
and asserting the neutrality Of the
United States as between the belnger-
ent parties.
Belligerency. according to practically
all Of the accepted authorities on inter
national law. is merely a question Of
fact If war" as defined in the books
is found TO exist. then the contestants
are .'belligerents" and entitled to all
the rights as such provided for in the
laws OF civilized warfare. Prisoners
are entitled TO humane treatment as
honorable prisoners OF war. An insur-
gent community with an organ zed mil
itary force able to successfully oppose
the military power Of the parent state,
is entitled 10 a flag and beliigerent
status on the high seas. as well as on
land: and all Of these things are con-
ceded by a consensus of opinion of
nearly the whole library of interna-
tional law as unassailable rights ipso
facto. resulting at once from recogni-
ton Of the bare fact of "a state Of
war" by the hostile former sovereign.
or by a neutral state. We have here
tofore referred TO the doctrine stated
by Judge Grier Gn Black, p. 65O,
which is as follows:
civil war is never solemnly declared. II be-
comes such by accident, the number, power
and organization Of the persons who originate
and carry il on When the party IN rebellion
occupy and hold in hostile manner a certain
portion OF territory. have declared their indie
pondence have cast of their allegiance have
organized themselves. have commenced HOSTILE
ties against their former sovereign, the world
Acknowledges them belligerents and the con
test var
Lorimer Cyol. ], p. 142) says:
By recognizing beIligerent rights, neutral pow
ers pronounce judgment whatever, either on
the merits Of the claim OF the probability Of its
ultimate yindication- BelligeTeIft recognition is
q mere declaration Of impartiaity. To with
hold from the claimant for recognition, the
rights Of beIligeHency, while we extend them
10 the parent state would be plainly 10 take
part IN the war
BY the above dicta, two things are
made manifest The Cubans have been
for more than two years entitled to rec
ognition at our hands as bellieerents,
and, in denying them that recognition
until recently, this Government has de-
fed the universal laws Of civilization,
and every consideration of humanity
And. according TO the definition Of Lor-
inner. above cited, it has taken part in
the war against them. We shall be
able to show that this attitude of heart
lessness and infamy has been. con
sciously or unconsciously, but in any
case legally and effectively, changed
by MIR. Mckinley in his message of
April II, which distinctly and repeat
edIy recognizes a state Of war in
Cuba, thing impossible for him to do
without necessarily at the same time
recognizing both parties to the war as
belligerents, by implication too strong
to carry any other conclusion. In the
message the President said:
In April. 1885, the evils from which our country
Suffered through tie Cuban war became 20
ournoLs that my predecessor made effort TO
bring about q peace through the mediation of
this Government IN any way that might tend
70 honorable adjustment Of the contest be-
tween Spain and her reyOlted colony.
Here is an irrefutable recognition
that there was a state Of war" in
Cuba. in the year preceding Mr. Nc
Kinley's accession to Office. 1t is a
concrete decIaration that such war had
attained the proportions Of an organ
lied contest so serious as to enlist the
American government in an effort at
mediation between the two parties to it.
for the purpose Of securing a treaty
Of peace between them. Great nations
are-not in the habit OF ''mediating"