The Superior times. [volume] (Superior, Wis.) 1870-1912, 1898-06-04
Law and the War.
(Ncw York SUM

! Replies to the SubIolned questions
which have been put to US by cores
pendent are timely:
"Your readers would be interested at
! the present time by statement of the
| true legal position of the United States
/ during the present war with Spain.
| For that reason | would feel obliged for
/ an answer, or explanatory statement,
| in reply to the following questions:
"Does a state of war between two
| sovereign states abrogate the law, as
| between them, other than What is called
| the law of nations'?"
| When two states go to war, all
| treaties. except such as relate specially
| to war. lapse.
| care the United States, as lnterven-
ers between Spain and Cuba, subrogat-
ed to the rights of Spain, and, there
fore. bound in point OF law to exercise
sovereignty over that island until the
| people of Cuba can establish and main.
tain for themselves a stable and hui
name government?
| sovereignty over Cuba, as our cores
pendent has supposed. She was free
to leave Cuba at any moment, and the
United States will be under no greater
obligation.
Has our government abrogated the
right, or legal obligation, to exercise
sovereignty over Cuba by declaring be-
forehand that it did not intend to exer-
else such soyerel.nty?
When our government passed the
resolution referred to by our cores
pondent, it had no rights in Cuba to alb
rogate. Its declaration that it would
not annex Cuba announced a policy
changeable at any time.
Have not the people of Cuba, by
consenting to the Intervention of the
United States and by cooperating with
them in ejecting Spain, thereby con-
scented, in point of law, to the exercise
of sovereignty by the federal govern
ment?"
The Cuban people have consented to
out Spain. No other question has been
considered.
docs the right of sover eighty to
which the United States become subro
gated as interveners in Cuba extend to
territories acquired by conquest from
Spain. such as the Philippine islands,"
The theory with which our cores
pondent's mind is here occupied is too
tiimsy to demand serious attention.
Whatever the United States takes from
Spain it owns to the extent of its power
TO hold. Over what it owns it is sover-
eign.
Does the disclaimer by the United
States of ali intention to exercise soyer-
eighty oyer Cuba bind it in any way in
regard to the Philippine islands or to
any other colony or dominion hereto
fore subject to the Spanish CROWN
As We have said already, the dis
clalmer of the United States of inten-
ton to exercise sovereignty over Cuba
binds 1t TO nothing regarding any terri
tory that it may take from Spain, Cuba
included. The resolution passed on
April ~ can be superseded by another
resolution any day, and it never bore
upon any other land than Cuba
Have foreign powers by declaring
themselves neutrals during the present
war thereby Invested themselves of ali
legal right to intervene between the
nlted States and Spain in regard to the
exercise of sovereignty, or anv other,
rights over the territory affected bv the
war until the conclusion of treaty of
peace between Spain and America ?"
Legal right restraints no power in its
relation to other powers. Each acts ac-
cordlng to its desires. Soverelgns are
laws unto themselves One power
makes war upon another when it SO
wishes. 1t may declare neutrality to-
day and make war tomorrow.
Have declared neutsals anv direct
right, in point of law, to interfere in
regard to the financial or other material
interests of their subjects or citizens in
the territory affected by the war during
lis continuance, or are their rights linn
tied in guarding their lives"
In territory affected by war. all ci,iz-
ems are equal in the eyes OF the beliicl-
rents. This view is respected bv ueu-
trails until they decide to 60 to war
themselves.