The herald., 1898-03-25
LAW OF BELLIGfRFNCY
AS ExpoUNDED ON AUTHORITY
OF CoUDERT
Recognition May Aid the Cuban Cause
It Will Cause Some Inconvenience
to America

NEW YORK, March 24.-Mr. Freder-
ick r. Coudert, who is recognized au
thority on international law, when asked
what, in his opinion, would be the result
Of recognition by the United States Of
the Cuban insurgents, replied:
II presume that by recognition is
meant recognition Of state of belliger-
ency which would give Cuban insurg-
ents a status as belligerent power.
do not think it Is intended, however, by
that expression to intimate that the
President will recognize the Cuban re-
public as an Independent and estab-
lished power. 1t does not seem to me
that it has yet reached the stage, not
withstanding it's stubborn fight for free
dom 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 par
ties to the war, namely, Spain on one
hand and Cuban insurgents on the 9TH
er, the effect will be far reaching.
Whether it will aid the insurrection as
much as expected by it's many friends is
doubtful. 1t would certainly subject
the United States to some inconvenience.
Heretofore we have required that the
Cuban sympathizers should not fit out
expeditions against Spain, which is a
friendly power. We have only recog-
nized one authority in the island, and
Spain, having on her part refused to
admit that there was war in Cuba,
could not exact from us what she might
exact from neutrals.
AFTER recognition of state of bellig-
erency we become neutrals and are for
hidden to give aid or comfort to either Of
the powers. Our ships will be liable to
search and our commerce to much ha-
RAISING and annoying interference. Pos
sibly the new position of Cuba may en-
able it to raise funds. Whether this will
be so or not is matter Of conjecture.
It will certainly increase the moral force
of the insurgents and 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
unless 1t Is one Of great power and one
very difficult to subdue. President
Cleveland stated two years ago that the
state OF affairs then existing in Cuba
must be stopped within reasonable
time. President Mckinley has stated
| the same thing. The question of reason
| able time is one for us to determine and
| for no one else. The President, in ac-
acknowledgement Of condition of bellig-
erency, will be acting strictly within his
right and have no doubt will be sup
ported by the country. Our citizens gen.
orally have entire faith in his intelli-
gence, his sense and his patriotism.
Whatever he decides will, believe, find
general acceptance
what effect, II any, would recognition
by the United States have upon Spain's
right to treat as pirates the officers and
crew of any insurgent vessel they cap
ltured on the high seas?"
"This is a question which would de-
pend very much on the view that Spain
would take. We cannot change the sit
uation as between Spain and Cuba by a
mere declaration of our opinion as to the
existence of certain fact. We declare
| that fact exists. Spain denies it. AS
there Is no court and jury to decide, each
nation must act upon what 1t deems
proper and expedient under the circum-
stances.
"Spain Is not bound to treat her re-
bellious subjects as belligerents be-
! cause we declare that they are entitled
to that designation. At the same time
she must be consistent, or ought to be,
and IT,, in her dealings with us she acts
on the assumption that there is state
Of war and she involves the benefit of
that theory as against the neutral, it is
difficult to see how she can, in the same
breath, declare privateers to be pirates
| and to treat them as such.
I'VE must remember that she was not
one of the powers that Joined in the de-
claration of 1856 against privateering
and therefore could not avail herself
| Of the treaty of Paris to declare priva-
teers of any nation to be pirates At the
| same time we must not forget that war
| Is great foe to considerations based on
reason, justice and the equity of men
and things. The object of war is mere
ly to establish the right of the stronger
or the strongest to have his own way. If
he fails, he is proved to be in the wrong /;
II he succeeds then he has demonstrated
the correctness Of his position"