New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-18
TUE WAR AND THE LAW.
-,,cA JUSTIFIED By DISTINGUISHED
INTERNATIONAL JURISTS.

,,.,,r OF INTERVENTION CLEARLY DE
.,rn- I.E-cUTTIHG AS Az ACT OF WAR
GERMAN RIGHTS X THE PHILIPPINES
tho Editor Of The Tribune.
-. THE Editor Of the French Revue Gen
,o DO Droit International ct Pubic pun
era" {, paris nj the beginning Of our war with
a namphlat on the Spanish American
~oic, This pamphlet is a kind of prociama-
co'' declaration. pronounced "ex-cathedra"
.n all due French emphasis against the
w." states. and. as NJ. Hanotaux. Minister
r,oro,g, Affairs In Paris at the time OF the
,,oo,,on is one Of the official editors or that
r,ev his name appearing on the utIe-pase
,ob this condemnation Of the United states
." s,ch a periodical. pretending TO be purely
"s,.ntiac has not passed unnoticed- Whe'her
" ras prorer or not for O French Secre'af! vi
r,o,a ~ indorse thus publicly an attack against
,,o honor and good faith Of 'frlenoly ROVER
Ala not seem to require any thought from
rrench heads and the pamphlet issued by the
.p,.rar was sent broadcast over the Conu-
nent . .,s i,d,oea
Tho absurd statements II contained lnduceo
- 70 ascertain whether. according 'o Tue
.,ore If international law. recognized by all
,oadinr European jurists Nj. Hanotauxs friends
,od asserted what they must Rave known 10 ne
o,,,nc myself of lifelong friendship with
o,o ~ the highest authorities of Europe on III
,arrational law. the former president OF the
,.s,i,ute Of international Law, NJ. Alphonse
n,,,er professor at the University Of Brussels.
have requested this gentleman to 80 me the
.o,,or - express his views to me for the readers
,r.a ,r,ihune on our legal status versus
co,, n River is acting now as arbitrator
,,uoen England and Russia In relation 10
wa Canadian seal-hshery claims lie was
o,.a about a year ago by the Secretary OF
s,o,e of the Transvaal Republic. Dr. Leyds'
. Give him his written opinion on their ieeai
,ots toward England. and his WORK on III
,ernatlonal law "Princires du Drot des sens
I. q standard book in ell European universities
and law SCHOOLS ,,. ~
Tho onnion o. such a competent authorlt! Oh
arr legal position toward the world az large III
tho present war Will probably interest your
,saders and with NJ. RIVERS PERMISSION
give II 10 YOU here with the remark that. con
trarv 10 French and German assertions our
Government appears to have acted most cor
rectlv all through. according to European pr
c,pes which nobody can dispute mere
~vor have read." said 10 NJ. River, the
extraordinary assertions made oy 'he e"i',''
., tho French Review. and their hostile crin-
men, Now. did the United States have the
,,ah, according 70 principles Of international
law taught everywhere In Europe 10 i''e'''S
with Spanish sovereignty In Cuoa
QUESTION THAT CAUSED SMILE
NJ. River could not repress a smile at NY
question. Should my neighbors house oe III
flames" said he and should this neishpor oe
unable or Incapable of putting out the IRE
A;- oicps
principle Of Intervention and IT can he defined
as follows: A State has the wellrecognized right
70 intervene in virtue Of its own night OF sell
,rosarro,,or whenever its rights or its safety
are affected injured or imperilled by the poil'i-
cal or social condition Of another State. This
10 q well-established principle OF international
law. which no European jur.st in his senses can
afford 10 deny 1t has always been admitted.
The destruction Of American property in Cuba
carried on for number OF years. the expense
incurred by the United States to patrol their
coasts or prevent hlibustering expeditions from
leaving their harbors. without speaking OF the
state Of anarchy existing for some years IN the
island were motives more than sufficient. from
our legal European standpoint. to authorize
the United States 10 invade That spanish cor
onv And besides. Europe anord 10 ques-
zion this right when her own history is full Of
instances Of armed Intervention not always
justified and nevertheless tolerated. IL is
wonder 10 me that the United states having
the undoubted right to interfere did not do so
long ago"
Have the United States the legal right to
cut marine cables?" | asked.
Here Professor River pointed out TO me an
Interview with him on the Spanish American
conflict published by lie Soir." a Belgian
newspaper
'T can only repeat" said he. what stated
before to this Belgian journal Either the
cables belong 10 the Spanards. or they belong
IN neutrals In both cages the cutting is an act
caused by the war. Now. If the cable is span
ish property the United States have the right
70 destroy IT, for our International Ia" recog-
nizes SIN to-day the right 70 destroy at sea
all the enemy's property. This may be par
barous but this law Is not repealed by any IN
ternational agreement. II has been repeated
only for land operations. but not at sea mus