The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1898-03-18

United states4 Study of the principles of
international Law Involve dis Interven-
tion Legal i?
Special Correspondence of the CHRONICLE:
WASHINGTON, March 10Th, 1885,
After three years of warfare the situa-
tion 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 inter-
vene.
Spain is an independent State. Law
renee in his principles of International
Law" the latest authoritative work on
the subject in the English language and
one that is constantly consulted these
days blythe Department of State defines
independence as '.the right of state to
manage all its affairs, whether external
or internal, without interference from
other states, as long as it respects the
corresponding right possessed by each
fully-sovereignimembe of the family Of
nations"
While.th is true as principle, itA
happensssometimes that another state or
group oflstates, interfere with the pro
ceedings Sof an independent state ssto
compel it to do something which, if left
to itself, it would not do, or refraigk
from doing something which, if left 10
itself, it would do This usually dap
pens when such state is engaged in inter-
nal turmoil or external conflict Law
renee says: Interference of this kind is
called intervention
Lawrence continues: 'sThe essence of
Intervention is force, or the threat Of
force. Gin case the dictates of the inter-
vening power are disregarded.
*.*
Other forms of intervention are adj
vice. rendered by friendly state with
out any idea of compulsion: smediation7
by a third power at the request of the
disputing parties but without any
promise on their part to accept the terms
proposed or any intention on its part to
force them to do SO, and arbitration"
when the contestants refer the dispute
by agreementS to an independent tribu-
nal and consent beforehand to abide by
its award, though such tribunal possesses
no power to compel obedience to its de-
cisions ---~-- ~ ~
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-intervention. Yet like
all general rules it is subject to exeep-
tions. The most notable of these excep-
tions was when France under Napoleon
III by force of arms attempted to set up
monarchical form of government under
Maximillian against the wishes of the
Mexican people. The United States in
terferred, compelling, by threat of force,
the French Emperor to withdraw his
troops from Mexico, the result being the
downfall and death of Maximilian and
the rehabilitation of the Mexican Repub-
lie on more secure foundations than
ever. This was true instance of inters
vention and was a splendid vindication
of the Monroe doctrine. This doctrine
does not, however, apply Ito the Cuban
situation. The United States must
therefore find some other grounds upon
which TO justify its Intervention in
Spanish Cuban affairs.
*x*
The grounds upon which the United
States will intervene are three.
1. Humanity.
2. The interests of its own citizens
3. The protection of its own citizens
from threatening danger.
-
None of these grounds fall within the
three rules laid down by Lawrence as
making Intervention legal. These are
ta) s'to ward off imminent danger to the
intervening power, (b) sin pursuance OF
right to intervene given by a treaty,
(c) ito prevent or terminate the Illegal
Intervention Of another state.
The second of these rules gives mere
technical justification to Intervention.
The third gives little more than technical
justification. The first, however. gives
perfect legal justification, for when
state intervenes to preserve itself from
grave and imminent danger, direct and
immediate in character, and sufficiently
important in itself to justify the expendi-
ture of life and treasure, its action is
clearly beyond the scope Of criticism.
Although destitute of technical legal
ity under the ordinary rules Of iaterna-
tional 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 man
kind and which under exceptional cir
cumstances are morally, though not
legally, justitiable. The power which
intervenes on this ground must under
take such Intervention with single eye