The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1898-03-30
Laws Touching Relllgerents.

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 Con-
gress of all the facts in the possession
of the Administration in relation to the
revolution and possibly recommends
ton that the belligerency of the Cuban
republic should be recognized. There
is more difference of opinion about
what the recognition of the bellige-
rency of the insurgents means and
what rights it would guarantee to them
or give to them than about any other
question now under discussion. Here,
briefly told, is what the accepted books
on international law say about it:
A neutral nation shall not lend
money to a belligerent. It shall not
sell to it any munitions Of war or any
warships. A nation is bound to use
due diligence to prevent the fitting out,
arming, or equipping within its juris-
diction of any vessel which 1t has rea-
sonable ground to believe is intended
to cruise or carry on war with power
with which it is at peace, such vessel
having been specially adapted in whole
or in part within such jurisdiction to
warlike uses. 1t shall not permit or
suffer either belligerent 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 augmentation of
military supplies or arms or the re-
cruitment of men.
That is to say, If the United States
recognized the insurgents as bellige-
rents 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 repairs any
longer time than is necessary to take
on board provisions (Which may in
clude coal sufficient only to permit the
return of the vessel to one of the insur-
gents ports if they have one).
But the individual is not 30 bound.
The law is that between the bellige-
rents and the individual no legal obi
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 private person,
if the laws of his own State or some
special treaty does not forbid, can lend
money to the enemy of State at peace
with his own country, or can enter
into its service as soldier without in
volving the Government of his coun-
try in guilt"
Snow, another great authority, says:
GAS to the munitions of war an appli-
cation of this same rule seems logical.
The following quotation from Thomas
Jefferson gives the past and present
practice of his nation as to individuals
sour 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 call
ings, the only means, perhaps, of their
existence, because a war exists in for
eign and distant countries in which we
have no concern, would scarcely be ex.
pected. 1t would be hard in principle
and impossible in practice. The law
of nations, therefore, respecting the
rights OF those at peace does not re-
quire from them such an internal de-
rangement of their occupation. 1t is
satisfied with the external penalty pro-
nounced in the Presidents proclama-
ton, that of conIscation of such por-
ton of these arms as shall fall into the
hands of the belligerent power on their
way to the ports of their enemies"
So, it would seem, the insurgents
would have the right to purchase here
all manner of munitions of war and
ship them subject only 10 to the risk of
capture by the Spanish.
The recognition of belligency 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 confscate the articles and any
other things in the ships cargo that
may belong to the consignor of the mu.
nitions of War.--New York Sun.