El Paso herald. (El Paso, Tex.) 1901-1931, 1911-05-17
INSURRECTO BELLIGERENCY NOT
RECOGNIZED.

RECOGNIZED.
e Paso. May Is.
Editor Ell Paso Herald:
We learn that Madero's government
has opened up and has now in opera
ton the Mexican national custom house
at Juarez. and will also open up the
custom houses in other towns along the
American border. which they have
taken, and where federal custom houses
were operated before 1t is understood
that the United States custom houses
across and opposite these Mexican ports
OF entry will receive dutiable goods
from the officials OF Madero's de facto
government so long as the entries or
manifests are properly executed This
arrangement viii afford the insurrec-
tos channel for the shipment Of all
kinds Of supplies matter which has
heretofore seriously Handicapped them.
While this has been done in order to
continue and promote the business In
terests of both countries, and TO pre-
vent perfect stagnation Of trade along
the border, which would result disas-
trously to both American and Mexican
interests, yet it is done without any
formal recognition of the insurgents as
entitled to belligerent rights or of
de facto government as represented by
Madero. In recognizing merely the
right Of the present holders of these
Mexican custom houses to do business,
the United States only accepts the ac-
-tual status Of things. without making
question as to their legal existence.
In rebellion or insurrection against
a legal and established government,
the insurgents in order to obtain
a recognition of belligerent rights
sess a stable civil government. ex-
ercising de facto authority with a
certain territory. This recognition by
foreign governments is q very distinct
and different thing from a recognition
of their absolute independence, or the
recognition Of the actual government
de jure. The government de jure is
the government of law-the legal. ex-
listing government. The government de
facto is government in fact, it exists,
but 1t is not the legal and acknowl-
edged government-really a usurpa-
tory government.
The recognition of an insurgent gov
eminent as a belligerent by a neutral
power merely gives these insurgents
-helligerent rights-or in other words.
brings them within the protection or
the laws of war. This recognition by a
neutral nation is simply as a matter
of expediency, and done without pre-
judice or favor to the rights of either
of the contending parties; though q
nation, specially friendly 90 the insur-
gents, may recognize them early as
belligerents to render them that moral
assistance which a recognition by a
formidable power always gives. The
insurgents cannot demand it as a
right; but having made the proper
showing according to international law,
they are usually granted belligerent
rights by unprejudiced and impartial
nations.
Such recognition does not carry with
it, by the simple declaration alone. any
promise of aid or support; but the fact
OF recognition by powerful nations al
ways has a most stimulating and bene-
fetal moral effect on the party recOg-
nized The result is that it gives the
recognized belligerent a quasi-political,
but not diplomatic, standing. Thus
clothed in the quasi habiliments Of
nation, it sends ambassadors to foreign
pow ers, TO ask for absolute recognition,
but these ambassadors are not officially