The Topeka state journal., 1898-03-25
WHAT BELLIGERENoY MEANS.
Frederic R. Coudert Deals With the
Legal Side of the Matter.

New york, March 24.-Mr. Frederic R.
Coudert, who is a recognized authority on
international law, when asked what in his
opinion would be the result of recognition
py the United States of the Cuban insur-
gents, SAID: Il presume that by 'recOg-
milton is meant recognition of a state of
DeIlgerency, which would give the Cuban
insurgents a status as a belligerent power.
l do not think it is intended however by
that expression to intimate that the pres
ident will recognize the Cuban republic
as an independent and established power.
1t does not seem to that it has vet
reached that stage, Notwithstanding its
stubborn fight for freedom during the last
three years, where we can rank it among
the states that are entitled to diplomatic
intercourse.
Assuming that the president will rec
ognize that there is a state of war in
the island and that there are two parties
to the war, namely, Spain on one hand
and Cuban insurgents on the other, the
effect will be far-reac ching. Whether it
will aid the insurgents as much as ex-
pected by its many friends is doubtful.
It would certainly subject the United
States to some inconvenience. Hereto
sympathizers should not fit out expedi-
tions against Spain, which is a friendly
power. We have only recognized one
authority in the island. and Spain. having
on her part refused to admit that there
US what she might exact from neutrals.
After the recognition of a state of bel
ugerency We become neutralS and are for
b1dden to give aid or comfort to either of
the powers, our ships will be liable to
search and our commerce to much haraSS-
ing and annoying interference. Possibly
the new position of Cuba may enable it
TO raise 1unQS. Wnether this VIII be
or not is matter OF CONJECTURE 1t Will
certainly increase the moral force of the
insurgents to give them status which
they DO not now possess
This will not of itself justify Spain in
taking offense. We simply recognize a
fact, and we are the sole judges of the
existence of that fact. Three years is a
long time for an insurrectiOn to last un-
less it is one of great power and very diff
ficult to subdue. President Cleveland
stated two years ago that the state of
affairs then existing in Cuba must be
81
The question of reasonable time is one
for US to determine, and for no one else.''
by the United States have upon Spain's
right to treat as pirates the officers and
crew of any inSurgent vessel they cap
tured on the high seas?"
pend very much on the view Spain would
take. We cannot change the situation as
iaration Of our opinion as to the existence
of a certain fact We declare that fact
court and jury to decide, each nation
must act upon what 1t deems proper and
expedient under the circumstances.
Spain is not bound to treat her rebel
lious subjects as belligerents because We
declare that they are entitled to that rec
ognition. At the same time, she must be
consistent, or ought to be, and if in her
dealings with US she acts on the asSump-
ton that there is state OF war and she
invokes the benefit of that theory as
against the neutral, 1t IS difficult to see
how she can, in the same breath, declare
privateers to be pirates and to treat them
as such
we must remember that she was not
one of the powers that joined in the dec
laration of 1856 against privateering and
therefore could not avail herself Of the
treaty of Paris to declare privateers of
any nation to be pirates. At the same
time we must not forget that war is a
great foe to considerations based on rea-
son, justice and the equity OF men and
things. The object of war is merely to
strongest to have his own way. If he
fails he is proved to be in the wrong; if
he succeeds, then he has demonstrated the
correctness of his opinion"
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