Page:Harvard Law Review Volume 9.djvu/445

417 RECOGNITION OF CUBAN BELLIGERENCY. 4^7 proclamation at the time of our Civil War was the warning not to break any blockade lawfully established " by or on behalf of either of the said contending parties." The care with which this rule has usually been observed is evident. In Madison's proclamation, already referred to, it was necessary only to forbid hostile expedi- tions " against the dominions of Spain." This served every legiti- mate purpose, and gave no offence to Spain. When Colombia requested that the insurgent vessels be held pirates, the United States refused the request, but expressly declared that it was not a general recognition of the insurgent forces as belligerents. In applying the foregoing principles to the actual case we meet with all the embarrassment that has already been pointed out. As to the fact of belligerency, we know nothing with sufficient cer- tainty to justify action. We know from common report that fight- ing is being done, and that the avowed purpose of one party is to free Cuba from the control of Spain. But whether a civil govern- ment has been constituted which controls the military operations who can say? By recognizing belligerency we free Spain from responsibility for wrongs done by the belligerents : to what or- ganization can we look in place of Spain? Where is its capital? Who is its Minister of Foreign Affairs? What are its actual terri- torial boundaries? At what point in Cuba shall we cease to be within the control of Spain, and come within the power of another de facto government? These questions may be answerable; we cannot truthfully say that the insurgents are belligerents unless we know that they are answerable, and that we may, at least upon occasion, discover the answers. Still further, can we be sure that they are observing the rules of civilized war? We have no in- formation on this subject except from Dame Rumor, and she says one thing to-day, and another to-morrow. Unless we are certain on this point, we must withhold recognition. We are not yet sure, therefore, of two facts which are essential to legal belligerency ; and, until we are assured, we cannot candidly say, There is a civil war between Spain and the Province of Cuba. But suppose those facts to be satisfactorily established, how far is it necessary for us to take notice of the war? The ordinary occasion for the recognition of belligerency — hos- tilities upon the sea — is here absent. The insurgents, so far as we know, possess no seaports; they certainly have no navy; we have no notice of any blockade. Nor is there any danger of inva- sion of this country by either party. The only occasion for action