POLITICAL PAPERS . 'I I. THE WAR WITH SPAIN. II. THE VENEZUELAN DISPUTE. BY THEODORE MARBURG. Reprinted from The Baltimore American. V BALTIMORE: JOHN MURPHY & CO 1898. PRICE 15 CENTS. Glass pZ~ 7 « <_l Rook - f A $ !■«■ ■Kt--t-t-'£e--t- <£■ /e- ^ POLITICAL PAPERS I. THE WAR WITH SPAIN. II. THE VENEZUELAN DISPUTE. BY THEODORE MARBURG. Reprinted from The Baltimore American. BALTIMORE : JOHN MURPHY & CO, 1898. e^ SL Em .A\3 Army & Navy Oiab jan.4»28 ^ I. THE ¥AE WITH SPAIN. CONTENTS. Chapter. Page. I. Intervention — The Law and the Prac- tice — America Must Act Alone, - 5 II. Oppression Flagrant and Persistent — Ultimate Destiny of Cuba — Just Retribution for Spain, - - - 14 III. Right of Higher Civilization, - - 19 IV. Wisdom of Our Course, 21 THE WAR WITH SPAIN. 1 [May 1, 2, 8, 1898.] I. Intervention — The Law and the Practice — America Must Act Alone. r "THE past few months have witnessed a con- flict of emotions in the breast of the people. A traditional policy and a wholesome horror of war have been drawing them in one direction, whilst indignation at inhuman acts impelled them in another. Those who felt the justice of America's position and at the same time valued the President's noble attempt to enforce that position without resort to war, realized that to 1 Copyright, 1898, by Theodore Marburg. 5 6 THE WAR WITH SPAIN. give utterance to their thoughts could only serve to encourage the war spirit and further hamper the President. Now that war has be- gun, it is important to examine candidly the principles involved. The assertion most commonly heard is that we have no right to interfere in the internal affairs of another nation. A fundamental rule of international law is that the independence of a state must be re- spected. Its laws must be presumed to be fit and their execution just, and the state must be allowed to accomplish the fulfillment of its own destiny free from outside interference. Few writers on international law have failed, however, to recognize exceptions to this rule, and some of the greatest among them include among these exceptions interference on grounds of humanity. Hefter recognizes it, and Vattel says, " If the prince, by attacking the fundamental laws of the country, gives his people legitimate THE WAR WITH SPAIN. 7 ground for resistance, if tyranny becomes in- supportable and rouses the nation to rebellion, any power has a right to succor the oppressed people if they solicit its aid." Prof. Arntz is of the opinion that interfer- ence is justified "when a government, even though acting quite within the limits of its sovereignty, violates the laws of humanity, either by measures hostile to the interests of other states, or by excessive injustice or cruelty which seriously attack our morals and our civilization." "The right of intervention must be recog- nized because no matter how much the rights of sovereignty and of independence are to be respected, there is one thing even more entitled to respect and that is the right of humanity and of human society, which must not be outraged." Woolsey asserts that interference is justified when crimes are committed by a government against its subjects. 8 THE WAR WITH SPAIN. Acceptance of such a principle may, of course, lead to abuses, but Calvo very properly re- marks that a principle must be judged by its logical and common results, and not by pos- sible abuses to which it may lead. Hall states " that interference for the pur- pose of checking gross tyranny or for helping the efforts of a people to free itself is very commonly regarded without disfavor." These opinions are cited not to prove that intervention on grounds of humanity is author- ized by international law; many writers, among them a majority of the Italian school, reject it. The opinions are cited simply to show that the question is, at least, an open one. A just estimate would probably be that international law has not yet been developed to a sufficient extent to cover all cases of international action and that, furthermore, it has its natural and inherent limitations due to the fact that it la