The times., 1898-01-04

Republic of Cuba is to be treated as 9
"filibustering expedition" A careful
reading of the Wolseley opinion viii
prove that this is untenable. AS lons
| as belligerency is not acknowledged
| anybody has a right to sell merchan-
disc of any sort to the people of Cuba
| and ii rests with the Spanish authori-
| ties to prevent delivery if they do not
| like il. 1t cannot be doubted that this,
in principle, is hard slap at the Span
| ish patrol proceedings OF the Admins
| tration.
| The eminent international authority
| of Yale. an institution which some-
what is hampered in its opinions by re-
lations with sour best business inter-
ests," conveniently sidetracks the great
question before the American people.
He holds, truly enough, that mere mu-
nicipal insurrection does not compel
recognition Of belligerency, and that it
remains for a nation having interests
in the disturbed territory to decide
whether the same sufficiently are af-
fected to demand such action. He al
so contends that the fact of such a
state of war as would if established
render it obligatory upon a neighboring
State to accord belligerency, is a mat
ter for executive consideration and de-
termination.
Now, under the letter Of international
law, this is correct on its face; but its
truth must be judged in accordance
with the plain dictates of international
law, and must not be assumed against
them. Almost every recognized au-
thority, including publicists like Vattel
and Bluntschli. whose dicta are to be
taken at least as seriously as those of
the man in New Haven, lay down the
rule that when any considerable COM
munity have organized themselves in a
military manner, and have shown abil-
ity to oppose the power of the parent
State within the disturbed territory, Ii
becomes mandatory upon other nations
to accord them the right of belligerency
Otherwise, as Bluntschli writes, pris-
oners of war would be executed as reb-
els, and the rights of civilized warfare,
belonging to any people in struggle for
political independence. which all au-
lhoIilleS TeCoSIlEe DIS dll inherent TlSnl
in mankind, would be denied.
1t is the denial of this basic right of
the people of a whole, neighboring and
American country to fight for the bless
ing of independence under the rules of
civilized warfare that creates the vital
issue Of the day between American citi-
zenships at large and an Administra-
ton in alliance with Spain against pris-
oners, non-combatants, and the women
and children of Cuba. The half truths
and the sophistries of native lecturers
upon international law will not change
the status of the case and viii not serve
to befog the minds of national legisIa-
tors. Plenty of them are quite as able
TO eXpound international law and duty
as Wolseley
In his dictun that before the recogni-
ton of belligerency national interests
in the reyolted territory must be in
danger of wreckage,' it appears that he
ignores the fact that there may be in
tereSts other than those of a merely
commercial or financial character
There may be interests of American
tradition, precedent. faith and honor:
and national responsibility before hui
manity- and Almighty God, These.
which are fully recognized in the stand
ard books, seem strangely to have been
ignored by Dana in his Notes on
Wheaton and by Wolseley.