The sun., 1898-01-03
sUrross oUs1 aAs 4 sE1ronr,
oar Bsw Rresss..s asu New Responsisiiiiea
CeaeernIn9 r.eeHntttep.

sUfRosB OUBl Hls A sEhRoRrs
oar Few Rreslss.s asa Esw Respeusisiii,iea
CeaeeFninG neeeHnttiep.
To THE EDITOR or THE suN-Sir. The recent
dispatches from Cuba 10 thu effect that the
patriots have gained q victory over Gen. Pan
do, driving him out Of the Oauto River, and that
they now hold possession Of the mouth Of that
river, put new phase on the revolution.
Ono Of the chief arguments Of those opposed
to the present recognition OF Cuban belligerenoy
has been that the conflict was entirely an inland
one, and. therefore. did not Affect our interests.
President Mckinley In his message quotes "the
wise utternnoes Of President Grant in 1875" in
which this argument 10 used:
Tho contest moreover. Ia soiely on land The nsur-
rection has not possessed itself OF siuEe seaport
whence II may send tortb lie dag nor has IL any
means OF communication with foreign powers except
through the military iines Of its adversares No ap
prehension Of any Of those sudden and dihcuit
plcstions which upon the ocean 10 apt to pre-
cipitate upon the vessels, both commercial and ma
tonai and upon the consular ofcers Of other powers
calls Tor the definition Of their relations 10 the par
ties TO ths contest
That condition Of affairs IL now changed. Az
soon as the Cubsns have seaport they may com.
municato with foreign powers by the high seas.
II tho Cubans have possession Of the Cauto
River and its mouth, they have . base for naval
operations and may establish q Custom House
for the entry and clearance OF vossels. As
consequence, this country may soon be CON-
PEELED, notens votens. to acknowledge Cuban
belligerency.
Suppose for Instance. in the first place, that
they despatch from the mouth Of the Cauto
Rivor merchant vessel beAring tho flag Of the
republic and loaded with o cargo Of sugar or
other produce OF the island to the port Of New
York. What will our Government doi Will IL
recognize or deny the right Of that vessel to
enter at tho New York Custom House. to dis.
pose of her cargo and to clear for Cuba7
In 1915 the Spanish American colonies were
in revolt. Our Government has not formally
recognized tho belligerency Of any Of them.
Some of them It afterward recognized as bellig.
erents; some Of them, notably the Oriental re-
public Of Artigas. It never did % recognize. Yet
on July 8. 1918. Mr.. Dallas. Madison's Secretary
of tho Treasury, wrote Mr.. Duplessis, Collector
at New Orleans:
Your letter of the s9th May has been submitted to
the consideration Of the President
There 10 principle OF the law OF nations which
requires us to exclude from pors the subjects OF
q foreign power in . state Of insurrection against
their own Government II Ia not incumbent upon US
to take notice Of crimes and offences which com.
mitted against the municipal laws OF another coun.
treason or In the lowest grade Of misdemeanoF.
Piracy 10 offence against the law of nations. and
ov ~ civiEed Government undertakes 20 punish the
pirate when brought within its Jurisdiction; but
act OF revolt or rebellion against sovereign must
not De confounded with sct Of piracy. which is
denominated hostility against the human race.
Any merchant vessel therefore. which has not COM
mitted offence against the law OF nations, being
freighted with lawful cargo and conforming in all
to the laws OF the United States II entitled
to entry at our Custom House. whatever nag she
may bear She 10 also entitled to take board re
turn cargo. and to depart from tho United States
with the usual clearance.
The revolutionary Government Of tho Cuban
Republic stands precisely in the same position
now that the unrecoGnized Spanish provinces
did then. Will our Government follow tho
precedent set by Madison. or will II follow that
set by the King of Portugal in our own Revolu-
ton, when he shut his ports against the North
Americans who had rebelled against his ally
George ILL.,
Suppose. in the second place, that In addition
to sending out peaceful merchantmen, the rev.
olutionary Government Of Cuba dispatches
armed vessels. bearing the flag Of the Cuban
Republic, and commissioned by Its President to
make war against Spain upon the high seas.
Suppose that they capture Spanish vessels
and bring their prizes into our ports. How shall
ligerent cruisers and treat their officers with
the courtesy due to the representatives of a de
facto government, or shall We denounce them
as pirates and hang officers and men to the
yardarmi
But suppose. in the third place. that. claiming
to be belIigerents. they assert and exercise tho
belligerent right OF search. Suppose q Cuban
cruiser stops one of our merchant ships,
searches her, finds on board of her contraband
destined for the Spanish army In Cuba, and
seizes 1t. What shall we do then In ls15-l6
Capt. Morris commanded our squadron on tho
New Orleans station. Tho following instruo-
tions were given him by President Madison:
He ts nrst. to protect commerce in the Gulf of
Mexico against the violence and depredatio of
pirates not confounding however with pirates armed
vessels under whatever nag, committing hostiitIes
against particular nation or nations only.
seventhly. not to convoy or protect against right
seizure by belligerent vessels. under whatever nag
American other vessels bound with contraband to
ports OF country at war.
Arc we to follow this precedent and recognize
tho right OF tho Cuban cruisers to seize contra
band OF war upon the high seas, wherever found,
or shall we ignore tho precedent and deny the
right
President Mckinley in his message admits
that there is . war In Cuba He so character
ICES tho contest there less than i've times In
his message. II 1t is not public war;" 1t IL q
civil war. In tho case of the United States VS..
Palmer. decided by the Supreme Court in 1918.
the circuit Judges had certified difference of
opinion as to the rights of colonies in rebellion
against the mother country. Chief Justice Mar
shall for tho Court declared the questions "deli-
cate and difficult" but added that "it may be
said generally that II the Government remains
neutral and recognizes tho existence Of civil
war. its courts cannot consider as criminal those
acts OF hostility which war authorizes and
which the new Government may direct against
tts enemy. To decide otherwise would be TO do
termine that tho war prosecuted by ono of the
parties was unlawful. and would DO to array tho
nation to which the court belongs against that
party"
With the Cubans in possession Of tho mouth
of the Cauto Rivor. any Of the contingencies
have supposed may arise at any time, and our
ha rad IN ham,