The evening times., 1898-07-18
OUR LEGAL srArus.
The War ~ Seen by an .Astherity
m Inferuaffonsl I.~ : :.

The War ~ Seen by an .Autherity
On international Law. i.
New York, July Rat the outbreaksof
the war with Spain, the editor of "a
French periodical devoted to international
for its Intervention in Cuban affairs.
Henry Gauiiieur. of Brussels has had an
interview on the subject with NJ Al
phonse River, the very highest authority
In Europe and professor at the Universi-
ty Of Brussels. which appears in the
Tribune A part OF 1t follows:
You have read said to NJ. Rivier
the extraordinary assertions made by
the editors Of the French Review, and
their hostile criticisms OF the conduct of
the American Government Now, did the
United States have the right. according
to principles of international law taught
everywhere in Europe. to interfere with
Spanish sovereignty In Cuba?''
NJ. Rivier could not repress a smile at
my question. "Should my neighbors
house be in flames" said he ''and should
this neighbor be unable or incapable of
putting out the fire. would certainly In
wade his premises. This is our principle
OF Intervention and II can be defined as
follows:
"A state has the well-recognized right to
intervene in virtue of its own right of
sef-preservation whenever its rights or
its safety are affected. injured or imper-
lied by the political or social condition of
another state. This Is a well-established
principle of international law, which no
European jurist In his senses can afford
to deny 1t has always been admitted
The destruction Of American property in
Cuba carried on for a number of years,
the expense incurred by the United States
to patrol their coasts or prevent filibuster-
ing expeditions from leaving their har-
bors. without speaking of the state Of an
archy existing for some years in the is
land, were motives more than sufficient
from our legal European standpoint to au-
tho-ize the United States to invade that
Spanish colony. And. besides, can Europe
afford to question this right when her own
history is full of instances of armed in
tervention not always justified and never
theless tolerated? II is a wonder to me
that the United States, having the un-
doubted right to interfere, did not do so
long ago."
What rights has Germany or any 9TH
er neutral power in Manila?'' 1 continued.
"A neutral power" answered Mr.. RI
yier. has merely the right to protect
the life and property of its citizens; but
what Germany may understand by this,
how far Germany may go in order TO
protect German life and property. this is
question on which she may possibly
disagree with the United States II be-
comes then a question of might more
than OF right. According 10 International
law she has the right TO take only such
measures as may be necessary TO insure
the safety of German lives and prop
erty; but what she will claim to be a
necessary act IN Manila is an unGe-
tined quantity Here We enter into DO
Etical. not legal. considerations which
have not yet beeen settled by interna-
tional Jurisprudence.
AT all events" added NJ Rivier. the
wise selection made by President McKin-
ley In appointing such a welI-known in,
ternational jurist as Prof. D. Basset
Moore TO the position of Assistant Secre-s
tary of State is guarantee that nothing.
Will be done in Washington contrary TO
International law. We hardly appreciate
the fact in Europe that some of the hest
authorities on international Iaw-sAres
American authors. The names of Wh.a-,
ton, of Kent. William Beach Lawrence,
Francis Wharton. Woolsey. David Dudley
Field. Lieber. HalIeck Moore. and Of
others are good evidence that interna-
tional law is safe in American hands I'm
happily our continental European press
Is ill-informed on American affairs. Af-
ter the ludicrous and dismal failure OF
Europe TO settle the Eastern question We
should certainly welcome now the ap-
pearance of the United States as a civil
izing factor in the worlds affairs ! am
not sure whether this would not be
blessing for the world at large. NJ. dc
Bar professor at Gottingen. in Gerrhany,s
and also former president of the Insti-i
tute of International Law. like myself.
has expressed views similar TO mine. with
all reserve due TO a German functionary.
of course"