The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-09-26
SPAIN HAS NO RIGHTS
In Cube Which We May Not Choose
to Concede.

New York. Sept. 26.-Frederick R.
COudart was asked last night for his
opinion as to the sOundness of the con-
tentiOn of the Spanish commission at
Havana that Spain is at this time the
absolute sovereign in Cuba and that
the powers of the American and Span
ish commissioners are limited solely to
the question of the evacuation of the
island Mr.. COudart was also asked
If he believed Spain was legally entitled
to the possession of the ashes of Chris
tOpher Columbus, the Spaniards assert
ing that the ashes come under the clas-
stfcation of personal property" which,
under the terms of the protocol is ex-
empt from seizure by the United States.
1t is declared in certain quarters that
the United States is entitled to possess
sion of the discoveries remains and
that Spain cannot legally remove them
from Cuba, but must surrender them
with other property, which properly
belongs to this government by right of
conquest.
Mr. Coudart said: TT is illogical to
claim that Spain has absolute power
and control over Cuba. To make such
a claim as this is to disregard and for
ton Of SPANS feet, the surrender of
General Toral and all those events
which accompany the surrender of part
or Cuba. Spain is bound to surrender
the other part of Cuba, of which Ha-
vana is the citadel, at some time not
yet fixed. Her rights, such as they are
DTOIOCOl
on reasonable constructions to be placed
under the rules of International law up
on her undertaking to withdraw at a
date still to be fixed.
upon the construction of this pro-
tocol and these rules depend other
questions, namely, the right to the re-
mains of Christopher Columbus know
of nothing which will prevent the Span
ish from exercising a pious duty to the
most illustrious man Spain has ever
produced. There is not in legal con-
temptation, at least, any monetary value
to be attached to the greatly distin-
guished remains, although as curiosities
and relics they would probably produce
a high price at auction, but even then,
if the vague rules of international law
admitted as valid, feature of the case
that such valuation could be placed on
these relics it could not affect the claim
of Spain, for she might then claim that
the ashes of the distinguished discoVerer
were personal property and that she
had a right to remove them to her own
soil.
1.-THE desire of Spain to keep these
venerable bones within her own control
and to give them due reverence in the
future as in the past is just and nat
uraL She is not bound to deliver them
over to the caprice of another nation,
which might not treat them with all
the reverence which, in the eyes of
Spain at least, they deserve.
LAS to the possibility or probability
that Spain will endeavor to utilize her
time-honored custom to pr0crastinate
and to put off the time for evacuation,
that is, of course. possible. A clash of
opinion might then arise which, if pro-
and complications. We should then be
driven to insist on SPANS departure
from the island. If she refused to COM
ply with our reasonable demand, then
the last resort Of kings might have to
be again appealed to-certainly a very
unfortunate contamination"