Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-03-14
MUST INTERVENE
The Principles of Such Action Laid
Down in Text Books.
HOW THEY APPLY TO CUBA
Grounds on Which This Govern
ment Can Act.
SIMILAR CASES STATED

After three years of warfare the situa-
ton in Cuba resolves itself thus: Spain
cannot put down the rebellion and will not
grant independence. The Cubans cannot
expel the Spaniards and will not yield to
them. Therefore, it is argued, the United
States must intervene
Spain is an inue pendent state. Lawrence
in his Principles of International Law"
the latest authoritative work on the sub
ject in the English language. and one that
is constantly consulted these days by
the Department of State, defines indepenG-
enoe as the right of a state to manage
all it's affairs. whether external or internal
without interference from other states. as
long as it respects the corresponding right
possessed by each fuIly-sovereign member
of the family of r.ations-''
While this is true as a principle, it hap
pens sometimes that another state or
group of states fnterferes with the pro-
ceedings of an independent state Ito COM
pei it to do something which. if left to
itself. 1t would rot do. or refrain from
dong something which, if left to itself,
it would do This usually Happens wien
such state is engaged in an internal 'ur-
moil or an external conflict. Lawrence
says. Interference of this kind is called
intervention
Lawrence continues The essence Of in
terveation is force or the threat of force in
case the dictates of the Intervening pow
er are disregarded.'
Other Forms of Intervention.
Other forms of Intervention are lad
vice rendered by a friendly sta1e without
any idea of cCn:pulsion; 'mediation' by a
third power at the request of the disput-
ing parties. but without any promise On
their part to accept the terms proposed or
any intention on it's part to force tFem to
do so. and arbitration. when the con-
testants refer the dispute by agreement to
an Independent tribunal and consent be
forehand to abide by its award, though
such tribunal possesses no power to Gem
pei obedience TO its decisions.
Intervention requires the presence of
force. open or concealed. and the absence
of consent on the part of at least one of
the combatants. for there may be inter
vention at the request of one of them.
The general policy of the United States
is non-lntervention. Yet, like all general
rules. il is subject to exceptions. The
most notable of these exceptions was when
France. under Napoleon Ill, by force of
arms. attempted to set up a monarcrical
form of government. under Maximilian,
against the wishes of the MeXi an 3eoo,e
The United States interfered. compelling,
by threat of force, the French emperor to
withdraw his troops from Mexico, the re-
suit being the downfall and death of Max
imiilian. and the rehabilitation of the Mexi-
can republic on more secure foundations
than ever. This was true instance of in
tervention and was a splendid vindication
of the Monroe doctrine. This doctrine does
not. however. apply to the Cuban situa-
ton. The United States must therefore
find some other grounds upon which to
Justify its intervention in Spanish-Cuban
affairs
Grounds on Which to Intervene.
The grounds upon which the United
States will intervene are three
1. Humanity.
2. The interests of it's own citizens.
g. The protection of its own citizens from
a threatening danger.
None of these grounds fall within the
three rules laid down by Lawrence as max
ing Intervention legal. These are (a) ito
ward off imminent danger to the interven-
Ing power (b) in pursuance of Il right
10 intervene given by treaty" tc) Ito
pre"ent or terminate the Illegal interven
ton Of another state"
The second of these rules gives mere
technical justification TO Intervention. The
third gives little more than technical justi-
hcation. The first. however. gives perfect
legal justification, for when a state inter-
venes to preserve itself from some grave
and imminent danger. direct and immedi-
ate in character and sufficiently important
in itself to justify the expenditure of life
and treasure its action is clearly beyond
the scope of criticism.
Although destitute of technical legality
under the ordinary rules of international
law as at present written, the first of
the grounds upon which the United States
Will intervene in Cuba is one that appeals
TO the moral sentiment of mankind, and
which. under excePtionable circumstances
IS morally. though not legally, Unsuitable.
The power which intervenes on this ground
must undertake such Intervention with a
single eye to the object in view and with
out Interior considerations of self-interest
and ambition if it is to be justified at the
bar of nations.
1t must be kept in mind that INFERNO
tional law does not lay down the Grin
cip.e that cruelty on the part of govern
ment renders it liable 10 be deprived of
its freedom Of action. nor does it impose
upon states the obligations of preventing
either ordinary bar barity on the phrt of
its neishbors or that special kind of in
humanity which takes the form of rc!ig-
tOuS prosecutions
Lawrence says: AN Intervention 10 nut
stop TO barbarOJs and abominable cruel
~ is a high act of policy above and be-
yond the domain of law 1t is destitute of
technical legality. but st may be no-lily
right and even praiseworthy to a nigh de-
gree
Zach Case to he Judged on Its Merits.
Lawrence is careful TO lay down the
general rule with reference to all inter
ventions that ''each case must be judged
on its own merits" He is careful to ex-
plain that there is a great difference be-
tween declaring national act to be legal
and therefore part of the order under
which states have consented TO live, and
allowing il to be morally blameless as an
exception TO the ordinary rules
The question the United States is call
ed upon to decide for Itself is whether
or not IL is justified in interfering in Span
ish-Cuban affairs on the broad ground
of humanity. Fortunately. we are not
without a precedent created by three of
the principal European powers The case
in PORT is that of the interference of Great
Britain. France and Russia on behalf of
the Greeks in 1877 and the following years.
THE contest between them and their Turk
says Lcwrence. and had been marked