Page:Harvard Law Review Volume 9.djvu/441

413 RECOGNITION OF CUBAN BELLIGERENCY, 413 This proclamation at once aroused a vigorous protest in the United States. The ground formerly taken by the Porte, that a foreign country had no legal right to recognize a rebel as belliger- ent, was not adverted to ; objection was made to the haste of the proclamation, and to certain of its phrases, which were thought to put the parties on a gratuitous and offensive equality.^ Mr. Adams, then Minister of the United States, near the Queen, took the former ground only. He characterized the Queen's proc- lamation as '* unprecedented and precipitate." " He contrasted it with the long period which elapsed between the beginning of the Greek insurrection and our admission of the belligerent character of Greece. I said that the population of the seceding States, amounting to many millions, made them of greater importance than Greece in the early days of her independence, and the critical position of our com- merce made it necessary to take some step." ^ Mr. Adams laid down this rule : ^ — country takes place, the duty of governments, under obligations to main- tain peace and friendship with it, appears to be, at first, to abstain care- fully from any step that may have the smallest influence in affecting the result. Whenever facts occur of which it is necessary to take notice, either because they involve a necessity of protecting personal interests at home, or avoiding an implication in the struggle, then it appears to be just and right to provide for the emergency by specific measures, pre- cisely to the extent that may be required, but no farther. It is, then, facts alone, and not appearances or presumptions, that justify action. But even these are not to be dealt with farther than the occasion de- mands ; a rigid neutrality in whatever may be done is of course under- stood. If, after the lapse of a reasonable period, there be little prospect of a termination of the struggle, especially if this be carried on upon the ocean, a recognition of the parties as belligerents appears to be justi- fiable ; and at that time, so far as I can ascertain, such a step has never in fact been objected to." Lord Russell assented to this statement of principle, and con- tended that a necessity had arisen for England to act* 1 Bemis, Rebel Belligerency, pp. 8 and 9, and passim. 2 Lord John Russell to Lord Lyons, May 21, 1861 ; 51 Br. & For. St. Pap. 193. • Dana's Wheaton, note 15, p. 37. premier ordre, resout pratiquement de la mani^re la plus precise et la plus satisfai- sante la question de la declaration et de la reconnaissance du titre de bellige'rant." Calvo, Droit International, 4th ed., vol. i. p. 239.
 * Whenever an insurrection against the established government of a
 * " Le precedent historique, que nous venons d'emprunter ^ deux puissances de