The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-11
LAWS FOR BELLIGERENTs.
Some Results, il We Recognize tho
BeIligerency OF the Cubans.

Belligerency OF the Cubans.
Though this nation has not outlined
it's policy in regard to Cuba, the Maine
incident aside, there is belief more
or less general that the first step to
be taken would be the submission to
congress of all the facts in the pos
session of the administration in rela-
tion to the revolution and possibly %
recommendation that the belligerency
of the Cuban republic should be recog-
nized.
There is more difference of opinion
about what the recognition of the bel
ligerency of the insurgents means and
what rights it would guarantee to
them or give to then. about any other
question now under discussion. Here,
briefly told, is what the accepted books
on international law says about 1t:
A neutral nation shall not lend mon
ey to a belligerent 1t shall not sell to
it any munitions of war or any war
ships. A nation bound to use due dill
gence to prevent the fitting out arm
ing, or equipping within it's jurfsdic-
tion of any vessel which it has reas-
enable ground to believe is intended
to cruise or carry on war with a pow
er with which II is at peace, such VeS-
sci having been specially adapted in
whole or in part within such jurisdic-
| tion to warlike use. 1t shall not permit
or suffer either bellgerent to make
use of it's ports or waters 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 say, if the United States
recognized the insurgents as belliger-
| ents it could not lend money to them,
| it could not sell them war supplies
| or warships, it could not permit their
| ships to remain in our ports except
| in stress of weather or to make re-
pairs any longer time than Is neces-
| sary to take on board provisions (Which
| may include coal sufficient only to per-
NIT the return Of the vessel to one of
| the insurgents ports if they have one).
But the individual is not so bound.
| The law is that between the belliger-
| ents and the individual no legal obli-
| cation can be said to exist An indi-
vidual citizen of this country may lend
| money to the insurgents. That is a
matter Of business. Woolsey says: "The
| pEiNdtC pCiSoip IL tiC VI IiiS wv IL
state or some special treaty does not
forbid, can lend money to the enemy
of state at peace with his own coun-
try, or can enter into its service as a
| soldier without involving the govern
ment of his country in guilt" Snow.
another great authority, says: "As to
the munitions of war an application OF
| this same rule seems logical" The fol-
| lowing quotation from Thomas Jeffer-
son gives the past and present prac-
| tice of this nation as to individuals:
| "Our citizens have always 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 foreign and distant countries in
| which we have no concern, would
scarcely be expected. 1t would be hard
in principle and impossible in practice.
The law of nations, therefore, respects
| ing the rights of those at peace does
not require from them such an inter-
| nal arrangement of their occupation.
1t is satisfied with the external penalty
pronounced in the presidents procla-
| nation, that of contiscation of such
portion of these arms as shall fall into
the hands of the belligerent power on
| their way to the ports of their ene-
mics" So, it would seem, the insur-
gents 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 Amer
lean ships whenever they meet them
and search them for articles contra
band of war, and If those articles are
destined for the use of the enemy to
the ship holding them up, that ship
has a right to confiscate the articles
and any other things in the ships cargo
that may belong to the consignor OF
the munitions of war.