Chit Chat [pp. 567-568]

CHIT CHAT.
IN ORDER to bring public opinion forcibly to
the mind of the new President, regarding the
recognition of belligerent rights of Cuba, the
OVERLAND desires all friends of that policy to
sign, and to induce others to sign, the form below, and return it to this office. In order that
they may do so with full knowledge, the following summary of international law is given:
Fhis is not a question of annexation but simply
of recognizing the fact that war exists in Cuba,
and allowing fair play to both parties.
By international law, as laid down by its best
exponents, the recognition of an insurrectionary
government as a belligerent, simply puts it on the
same footing, so far as we are concerned, as any
other foreign power with whom we are at peace.
Its acts of war against the power from which it
revolts then become a matter of its own affairs,
not to be looked upon as piracy, murder, or incendiarism, and on the other hand the other party is
not allowed either in the treatment of prisoners
or in the destruction of private property to depart from the ordinary rules of civilized warfare.
Between the two parties at war in such case,
we are bound by international law to keep strict
neutrality, and if we aid either party it is at the
risk of being called to account by the other, and
failing proper explanation or reparation, we are
liable to have war declared against us by the aggrieved nation, provided that nation wishes to
do so. We may trade with either or both nations, and by our treaty with Spain free ships
would mean free goods, - in other words Cuban
property in American vessels would not be subject to seizure. That, however, does not apply
to contraband of war. We could not ship to
Cuba articles specially adapted to the purposes
of war, nor supplies of any kind destined for
military or naval use. We could send medicines,
and supplies to those parts of the island where
military operations are not actually in progress.
Contraband of war includes military, and not
civil, persons and dispatches. Either belligerent
hasthe right to stop and search neutral ships,
except public ships. Should Spain declare a
'TO THE PKtESIDENT:
blockade of Cuban ports, and make it effective
by so placing her ships of war as to make it
dangerous to attempt to pass, and give due
notice of the blockade, then American ships attempting to run the blockade would be subject to
the forfeiture of ship and cargo.
An acknowledgment, therefore, of Cuban belligerency not carried any further,-that is, if we
should not become the ally of either party and
consequently the enemy of the other, would be
only an expression of opinion, unfriendly to
Spain it is true, but calling for no special action
on her part
Should belligerency be declared, filibustering
would still be illegal, and our government would
be committing an unfriendly act, liable to be met
by a declaration of war, if it did not suppress it,
but filibusters captured by Spain would be prisoners of war, and not subject to execution for
piracy.
It will be seen that the chief effect of the action we propose is moral, not physical, but that
even in physical matters it would have some effect in lessening the horrors of war. It might
result in pecuniary loss to this country, in-somuch as now we can hold Spain responsible for
the value of property of American citizens destroyed by the insurgents as well as by her own
troops in prosecution of the war. The new government would be looked to for payment for
damage committed by its followers from the
time of acknowledgment, but since the prospect seems to be in this case that both Spain and
Cuba will be entirely insolvent before peace
comes, that consideration has not much weight.
At any rate it seems to be a fact that the insurgents have maintained themselves in arms
against all the force Spain could bring, long
enough to make them worthy of recognition, -
Spain herself practically acknowledges belligerency by treating the captured Cuban General
Rivera as a prisoner of war, anrid not as a criminal, - and so believing we shall do the manly
and right thing, as well as the humane thing, by
according that recognition.
We, the undersigned, citizens of the United States oJ America, petition you
to recognize and grant belligerent rights unto the Republic of Cuba, and we pray
that this may be done with as little delay as possible:
PLACE OF RESIDENCE.
568
SIGNED