The news & observer., 1898-03-20
washington Post.)

Spain cannot put down lUne TeDellloh
and will not grant Independence. The
Cubans cannot expel the Spanlards ana
will not yield to them. Therefore 1t is
argued, the United States must inter. :.
vene. "a -
Spain is an independent State. Law
renee in his ''principles of Information
al Law" the latest authoritative work
on the subject in the English language,
and one that is constantly consulted
these days by the Department of State,
defines Independence as "the right OF a
state to- manage all of its affairs, wheth-
er external or internal, without intel~
ference from other states, as long as 1T
respects the corresponding right possess
ed by each fully-Soyereign member Oh
the family of nations" n
While this is true as "a principle, II
happens sometimes that another state
or group of states interferes with the
proceedings of an independent state TO
compel it to do something which, If 1T
is left to itself it would not do, or re
frain from doing something which. il
left to itself, it would do This usual
ly happens when such state is engaged
in an internal turmoil or an external
conflict Lawrence says interference
of this kind is called intervention.
Lawrence continues: THE essence OF
intervention is force or the threat of
force in case the dictates of the inter-
yeying power are disregarded.'
OTHER FORMS OF INTERVIEW
TION.
Other forms of intervention are ssad
vice. rendered by a friendly state with
out any idea of compulsion; media
tom by third party at the request of
the dispalting 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 cotegtants refer
arbitration when the contestants re-
fer the dispute by agreement to an in-
dependant tribunal and consent before
hand TO abide by its award. though sucn
tribunal possesses no power to compel
obedience to its decisions.
Intervention requires the presence or
force, open or concealed, and the abb
sence of consent on the part of at least
one of the combatants, for there may
be Intervention at the request of one of
them.
The general policy of the United States
is inon4interyention Yet. like all gem
cral rules, it is subject to exceptions,
The most notable of these exceptions
was when France under Napoleon III,
by force of arms, attempted to set up a
monarchical form of government, und6r
NIaximillian. against the wishes of the
Mexican people. The United States in
terfered, 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 ev-
er. This was a true instance of inter-
vention and was splendid yindica-
ton of the Monroe doctrine. This doc
trine does mot, however, apply TO the
Cuban situation. The United States
must therefore find some other grounds
upon which to justify its Intervention,
in Spanish-Cuban affairs.
GROUNDS ON WHICH TO INTER
VENE.
The grounds upon which the United
States will intervene are three
Humanity.
. The interest of its own citizens.
3. The protection of its own citizens
from "a threatening danger.
None of these grounds fall within the
rules laid down by Lawrence as MAX
ing intervention legal. These are (a)
Ito ward off imminent danger to the
intervening power" (b) ''in pursuance
of a right to Intervene given by a trea-
fy.v (c) 10 prevent or terminate the
Illegal intervention of another state"
The second of these rules gives more
technical Justification to intervention.
THE third gives little more than techni-
cal justification. The first, however,
gives perfect legal justification, for when
a state interVenes to preserve itself
from some grave and imminent danger,
direct and immediate in character and
sufficiently important in itself to JUS
tify the expenditure of life and treas
ure, its action is clearly beyond the
scope OF criticism.
Although destitute of technical legality
under the ordinary rules of information.
al law as at present written, the first
of the grounds upon which the United
State will intervene in Cuba is one that
appeals to the moral sentiment of man
kind, and which, under exceptionable
circumstances, is morally, though not &c.
gally. justifable. The power VIII Gl in
tervenes on this ground must undertake
such intervention with 1: single eye to
the object in view and without ulterioI
considerations of self-interest and amb
tion if it is to he justified at the bar OF
nations.
ut mrist be kept in mind that interna.
tional law does not lay down the prin-
ciples that cruelty on the part of gov.
ern1nent renders it liable to be- deprived
of its freedom of action. nor does it I'M
pose upon States the obligations of pre-.
venting either ordinary barbarity on the
part of its neighbors or that special
kind of inhumanity which takes the
form of religious prosecutions,
Lawrence says: AN intervention to
put stop to barbarous and abominabIe
cruelty is a high act of policy above
and beyond the domain of law 1t is
destitute of technical legality. but il
may be morally right and even praise.
worthy to a high degree"
EACH CASE - BE JUDGED on
ITS MERITS.
Lawrence is careful to lay down the
general rule with reference to all inter
yentions that leach case must be iudged
on its own merits" He is careful to ex
plain that "there is a great difference
1l0f Haal Ia "a N af a.ot 10 l..