The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1898-03-25
LAWS TOUCHING BELLIGERENrs.
Some OF the Results II We Recognize til
Belllgerency OF the Cuban Republic.

Some Of the Results II We Recognize the
Belligerency OF tho Cuban Republic.
Though this nation has not outlined its
policy in regard to Cuba, the Maine Incl
dent aside, there is a belief more or less
general that the first step to be taken
would be the submission to Congress of
all the facts in the possession of the ad-
ministration in relation to the revolution
and possibly u recommendation that the
belllgerency of the Cuban republic should
be recognized.
There is more difference of opinion
about what the recognition of the bellig-
erency 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 interna
tional law say about it:
neutral nation shall not lend money
to belligerent. 1t 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 it's Jurisdiction of any
vessel which it has reasonable ground to
believe is intended to cruise or carry on
war with a power with which it is at
peace, such vessel having been sDecialIy
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 recruitment of men.
That is to say, if the United States rec
ognized the insurgents as belligerents it
could not lend money to them, it could
not sell them war supplies or warshins.
1T could not permit their ships to remain
III our ports except in stress of weather
or to make repairs any longer time than
is necessary to take on board provisions
(Which may include coal sufficient only
to permit the return of the vessel to one
But the individual is not so homnd
The law is that between the belliger.
ents and the individual no legal obliga-
ton can be said to exist An individHal
citizen of this country may lend monev
to the insurgents. That is a matter Of
business. VI
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 neace WITH iHo Icy
own country, or can enter into it's service
as a soldier without involving the GOV.
eminent of his own country in guilt''
snow, another great authority. saws.
AS 10 the munitions of war an apDlica
ton of this same rule seems logical The
IollOWlng quotation from Thomas .Jeffer.
son gives the past and present practice ri
this nation as to individuals: Our citi
zenS have always been free to make. yend
and export arms. 1t is the constant oc.
cupation and livelihood of some of them
10 suppress their callings, the ONLY
means, perhaps, of their existence. he.
cause war exists in foreign and distan,
| countries in which we have no concern
would scarcely, be expected. 1t would be
hard IN principle andimpossible in pra ctice
The law of nations, therefore, RESPECTING
the rights of those at peace does not re:
| qulre from them such an internal dc.
| rangement of their occupation. 1t is sat
| ished with the external penalty nro
nounced in the Presidents Droclamation
that of confiscation of such portion ot
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 man
ner of munitions of war and shin then
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
! a navy, the right to hold up American
ships whenever they meet them for ar
ticies contraband of war; and if those ar
| ticles are destined for the use of the enc
| my to the snip holding them up, that shi,
| has right to contiscate the articles an1
| anw other things in the ships cargo tina
| may belong to the consignor of the mu
nitiOns of War.-NeW York Sun.