The times., 1898-09-27
UNrENABLE CLAIMS OF SPAIN
Opinions of Frederic n. Coudert
Concerning Her COuteutfons

opinions of Frederic II. 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 If 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-
galiy 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: 1T is Illogical to
claim that Spain has absolute power and
control over Cuba. To make such a claim
as this is to disregard or forget the fight
at Santiago, the destruction of Spain s
fleet, the surrender of Gen. Toral 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-
tocol and on reasonable constructions to
be placed under the rules of internation-
al law upon her undertaking to with
draw at a date still to be fixed.
Upon the construction of this protocol
and of these rules depend other ques-
tions-namely, the right to the remains of
Christopher Columbus. l know of moth
ing which will prevent the Spanish from
exercising a pious duty to the most Illus
trious Spaniard Spain has ever produc-
ed. There is not in legal contemplation,
at least, any monetary value to 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 relies, .it
could not affect the claim of Spain. for
she might then claim that the ashes of
the distinguished discoverer were person
al property, and that she had a right 20
remove them TO her own soil.
The desire of Spain TO keep these ven-
cradle bones within her own control, and
TO give them due reverence in the fu-
ture, as In the past is just and natural.
She is not bound TO deliver them over to
the caprice OF another nation, which
might not treat them with all the reyer-
ence which in the eyes of Spain, at least.
they deserve.
"As to the possibility or probability that
Spain will endeavor 10 utilize her time
honored custom TO procrastinate and put
off the time for evacuation, that Is OF
course, possible. A clash of opinion
might then arise, which, If prolonged
might lead TO embarrassment and COM
plications. We should then be driven to
insist on Spain's departure from the ISL
and II she refused TO comply with our
reasonable demand then the last resort
OF kings might have to be again resorted
to-certainiy. a very unfortunate consuD-
nation"