New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-18
LEGAL ASPECTS OF THE WAR


LEGAL ASPECTS OF THE WAR
Fighting is usually cxtra-legal When men
or States appeal 10 force and arms they 'akc
the law. as The saying Is. into their own hahhS'
That l.. they suspend II. Inter arlna, lcseS
silent" In certain minor details the require
ments Of international law may he observed
such as the rules for the conduct or warfare
which dffcrcniiatc civilized from savage pei
llserencc. But in its essential principe war Is
generally denial and a defiance OF The essen
tial principle Of law. and resort TO the former
is an indication thar the latter has failed or IL
ignored II happens. nevertheless. That nations
are now and then forced into war on purely
legal grounds. and that their conduct In begin
ming and waging war is iuslfablc on the strict
est principles OF Jurisprudence. such, We nave
confidently maintained is the case with the
United states in this present war. or course
the involuntary partialiiy OF patriotism might
impcl Americans to think So. whether II were
50 or not But there is happily, abundant for
cign and impartial testimony 10 the same Of
fcci We have already quoted the opinions or
many Of the sancst journals and publlcists OF
Europe. To-day we add thereto the deliberate
and detailed Judgment 81 one Of the highest au-
thortics on International law.
NJ River. an interview with whom we re-
port in another column Of this days Tribune.
is a member Of the faculty OF the University
NJ brussels He was formerly president Of the
institute ~ International Law. and is the
writer Of = treatise on international law which IS
widely used a n text book and an authoritative
book Of reference. He was chosen by the Gov
crnmcnts o. Great Britain and Russia as arbI-
traitor between them In tho case OF the RchrinS
Sea c-~l fisheries. and has been consulted by
Other Governments ms an expert authority on
n'ernarlana law in both war and peace His
ows Of the LEGAL questions involved in our
war with Spain ara therefore to hc commend
"a 10 careful consideration rs ~ more than
ordinary weight
The first polnf discussed by W. River IS the
legality Of our intervention net. tho promuga
ton Of which WIS made by Spain pre'cNi for
declaring war. ~ its entire legality. he SAYS
there can be no question. II n mans house IL
afirc. AMI he will not or cannot "Ntinguish tho
flames his ncighbor. whose house Is thus i'm
pcred. has nm undoubcd right 20 enter his
property and intervene in his affairs. on eX.
acily the same principle The United states had
n LEGAL right ~ invade cuba ana intervene IN
/ the Spanish adm nStration ~ ~ affairs. The
second point Is the Legality ~ our cutting 81
!
VI River either Spanish or neutral property.
II the former. orr right IN seize and destroy all
property Of the enemy on tho high seas not
protected hy \ neutral flag Is lndispu'ahlc II
they wer" neutral We still had n right to seize
them ne m act ~ war for which M most We
may be asked To compensate the owners In
cnsh ~ the end ~ The war These arc the only
two points on which the action Of The United
toI tat ,pI
RIVERS disposition Of them ls II will be seen
entirely favorable 10 our side ~ the case. \
third point considered relates to the legality Of
German or other alien action In tho Philippines.
and concerning that he says that no neutral
/ Power has my legal right 10 Intervene Their"
or 10 NEEDLE IN any way, save TO protect the
lives or property Of It's subjects nm opinion
which exactly comedies with tho American
contention.
In addition TO these professional judgments
VI River pays high tribute To this Nation.
II has given the world. h. says. many Of the
best authorities on international law and In It's
/ hands international law must he reckoned safe.
Europe has failed 50 badly in her attempts 10
settle the Eastern Question thnt she ought 10
welcome the advent Of the United States in
international affairs as civilizlng Power whose
action is regulated by law and whose influence
makes for Justice Such are the opinions ~
/ This eminent and impartial authority and. as
/ he tcstihes Of other men Of comparable stand
/ ing elsewhere in Europe. II is gratifying 10
/ have the exact legality Of this Nations conduct.
even I'm the extreme resort Of war. so convlnc-
ingly approved. ana II Is to he believed II will
he thus approved not merely by few com
manding authorities. hut by the final sound
consensus Of opinion Of the world.