The evening times., 1898-09-26
uNTENABLE CLAIMS OF SPAIN.
Opinions of Frederic r.. COudert
Concerning Her Contentious.

Opinions of Frederic n. COudert
Concerning Her Contentious.
New York, Sept. 26.-Frederic r. Cou-
dert was yesterday asked for his opinion
as to the soundness of the contention of
the Spanish Commission at Havana that
Spain is at this time the absolute sover-
eign in Cuba and that the powers of the
American and Spanish Commissioners are
limited solely to the question of the evac-
uation of the island.
Mr. Coudert was also asked IL he be-
| lieved Spain was legally entitled TO the
possession of the ashes of Christopher
Columbus, the Spaniards asserting that
the ashes came under the classification
of personal property" which. under the
terms OF the protocol, is exempt from
seizure by the United States. 1t Is de-
clared in certain quarters that the United
States is entitled TO possession of the dis
coverer's relics and that Spain cannot le-
gally remove them from Cuba. but must
surrender them with other property
which property belongs TO this govern
| ment by right OF conquest.
Mr. Coudert said: at Is Illogical to
claim that Spain has absolute power and
! control over Cuba. To make such claim
as this is TO disregard or forget the fight
at Santiago, the destruction of Spain's
fleet, the surrender of Gen. TOrai and all
those events which accompany the sur
render of part of Cuba Spain is bound
to surrender the other part of Cuba, of
which Havana is the citadel at some
time not yet fixed. Her rights. such as
they are. depend on the terms OF the pro-
tccOI and on reasonable constructions to
be placed under the rules of internaion-
al law upon her undertaking 10 with
"A at date still TO he fixed
Upon the construction of this protocol
and of these rules depend other ques-
tions-Damely, the right to the remains of
Christopher Columbus I know of moth
ing whmh will prevent the Spanish from
exercising a pious duty 10 the most Illus
trious Spaniard Spain has ever produc-
ed. There is not in legal contemplation,
at least, any monetary value 10 be at
tached TO the greatly distinguished re-
mains. although as curiosities and relics
they would probably produce high price
at auction; but even then, If the vague
rules of international law admitted as
/ valid a feature of the case that such val
uation could be placed on these relics. II
| could not affect the claim of Spain. foI
| she might then claim that the ashes oil
the distinguished discoverer were person
| al property. and that she had right &c
remove them TO her own soil.
ue ue5IIc VI Spain ~ MP tN4~'N '~'A
! cradle bones within her own control, anc
| to give them due reverence in the fu-
| ture as in the past. is just and natural
| She Is not bound 10 deliver them over tt
| the caprice of another nation, which
/ might not treat them with all the rever
| ence which. in the eyes of Spain, at least
| they deserve.
LAS 10 the possibility or probability tina
| Spain will endeavor 10 utilize her time
| honored custom 20 procrastinate and pu
off the time for evacuation, that is, o
course, possible. a clash Of opinion
might then arise. which. if prolonged
| might lead TO embarrassment and com
| pIications We should then be driven q
! insist on Spain's departure from the isl
and. If she refused 10 comply with ou
/ reasonable demand. then the last resor
| of kings might have 20 be again resOrtet
to-certainly. a very unfortunate consum
| nation"