New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-19

Justihable only when Justice cannot be obtained
by negotiation, and the resort to force Is limited
to the attainment Of justice. The wrong re-
ceived marks the boundaries to the right TO De
obtained.
The King of Spain was bound to ratify the
treaty; bound by the principles OF the law
or nations applicable to the case. ana further
bound by the solemn promise In the full power.
He refusing 10 perform this promise ana opngs
ton, the United States have perfect risnt
TO DO what a court Of chancery would 90 IN
a transaction Of a similar character Detween
individuals TO compel the performance OF tne
engagement as far as compulson can accoin
plish It, and TO indemnify themselves TOT All
the damages and charges Incident 10 the neCes
sity Of using compulsion and they are iurtns.
entitled to indemnity for all the expenses anu
damages which they may sustain oy con ,sN
quence OF the refusal Of Spain to rati!y. AZ. ~.
refusal to ratify gives them the same rlsnt ,eJ
do justice to themselves as the refusai 10 ue,
would have given them If Spain had ratlnea
and then ordered the Governor Of Florida not
10 deliver over the province
DISCUSSED BY SECRETARY BAYARp.
Thomas F. Bayard. as Secretary OF state IN
President Clevelands Cabinet, discussing MIC
subject OF the termination of war. saio'
have yet to learn that war In when , sne
helligerents as the case win lns TO-" n
Civil War are persistent and deternhhe,u "a, na
be said TO have closed until peace is conclusNee
ly established either by treaty when the W"i az
foreign. when civil by proclamation "a nc nc
termination Of hostilities on one sue an" ~
acceptance OF such proclamation on the o.'e S
The surrender of the main armies OF one Vi nc
belligerents does not OF itself work such 'erini
nation; nor does such surrender, under the lan
OF nations OF Itself end the conqueror rlsht
10 seize and sequestrate whatever properly ne
may find which his antagonist could use TOT
a renewal OF hostilities. The seizure OF SUN
property and emnently so when, as III the
present case. It is VIGOROUSLY part or the wa.
capital Of the defeated Government. is an act
not merely Of policy and right. but or mercy,
I'm proportion 10 the extent to which me party
overthrown is composed OF hgh-sprited men
who are ready to submit only WHOA their mn
tary resources wholly exhaNted, ana not
until then. ~ -,
This. In the summer Of 1865. was the eondi-
t1on OF things in the Southern and southwestern
States Of this Nation The period was one IN
which the maintenance OF military rule and the
taking into the possession OF the United states
OF all property capable OF use as miiltarV re-
eources Of those States. was essentlal 10 'he
psrmanant restoration or order peace ana d
common municipal law. This was so rom the
nature Of Things. and such was the course OF
plhlic action. 1t is In accordance win ms
principle that the Supreme Court OF the United
States has formally decided that the late CiVh
War terminated In the particular sections OF the
Irnited States at the period designated IN me
proola,nations Of the President OF the uhlteo
States Up to and before that date the m
srrrection In those States was held 70 exist
After that date 1t was held 10 be at an END