Intervention

united, island, foreign, citizens, government, doctrine, intervene, spain, party and countries

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The United States, being outside the circle of the great European powers, has felt that it could maintain a position of isolation with regard to the questions of European diplo macy. Under the Monroe Doctrine (q. v.) the United States has rather taken an atti tude of preventing intervention on the part of the European powers in the affairs of the Central and South American states, than felt called upon itself• to intervene. As early as 1782 John Adams expressed his conviction that it should be the rule of the colonies not to meddle in the affairs of Europe. In his Farewell Address of 1796, /Washington stated clearly the policy' of the new republic. "It must be unwise in us," he said, "to implicate ourselves by artificial ties in the ordinary vicissitudes of her [Europe's] politics, or the ordinary combinations and collisions of her friendships or enmities. Our detached and distant situation invites and enables us to pursue a different course." The same prin ciples were enunciated by' Jefferson, Madi son, Monroe, J. Q. Adams, and succeeding Presidents and Secretaries of State. The acts of the United States have been in ac cordance with her avowed policy. Efforts were made in 1793 by French agents to force the United States to take sides with France against Great Britain, but Washing ton steadily refused to be influenced by them. In the wars between Spain and her American colonies, the United States main tained an attitude of neutrality and non intervention. Again in 1822-27, when efforts were made to have the United States inter vene between Greece and Turkey, the govern ment refused to take action. Similar efforts were made by Hungarian patriots in 1848, but were alike without success.

The most striking instance of direct in tervention on the part of the United States is in connection with the island of Cuba. For • many years conditions upon that neigh boring island had been a source of great an noyance to the United States, both because of the general horror created by the char acter of the more or less continuous warfare between the island and Spain, as well as because of the obligation imposed upon the United States of preventing its territory from being made the starting point of hostile expeditions against the Spanish government of that island. The joint resolution of April 20, 1898, which was accepted by Spain as practically amounting to a declaration of war, states that in view of the "abhorrent conditions which have existed for more than three years in the island of Cuba" the Unit ed States felt that it was its duty to demand that Spain relinquish its authority over the island of Cuba. The President was in con sequence authorized to use the land and naval forces of the United States to carry out the resolution. At the same time the United States distinctly disclaimed any dis position or intention to exercise sovereignty over the island. For further cases of politi cal intervention see MONROE DOCTRINE.

Intervention is said to be non-political in character when a government does not forci bly interfere in the affairs of another state, but merely enters into diplomatic negotia tions with the government of that state for the purpose of making it reverse its conduct in the treatment of subjects of the first state which happened to be transiently or perma nently resident in the second, state. This

form of intervention is resorted to to pro tect citizens of the state against wrong or injustice in a foreign state, whether as a result of the positive action of the foreign government or of its omission to extend due Protection to the ;alien. The general rule is that a government will not intervene in fa vor of its citizens until they have had re course to the ordinary tribunals of the for elgn country and have been t•efused justice. For intervention by a state to collect debts owed to its citizens a foreign state, see CALvO DOCTRINE; DRAG° DOCTRINE. A na tion ordinarily will not intervene in matters of business between its citizens and a for eign country. It will, however, interpose its good offices for the alleviation of the punish ment of its citizens who are convicted of political offences in a foreign country. Like wise it will endeavor to secure full protec tion for its citizens who go as foreign mis sionaries`to pagan countries. This does not mean that the United States would assume a protectorship of Christian communities in such countries. On several occasions resolu tions have been offered in the United States congress protesting against the cruel treat ment Of Jews in certain foreign countries. See Moore, VI, §§ 897-926.

The doctrine has been thus spoken of by a distinguished writer, "Historicus": "Its essence is illegality and its justification is its success." In Civil Law. The act by which a third party becomes a party in a suit pending be tween other persons.

The intervention is made either to be join ed to the plaintiff, and to claim the same thing he does, or some other thing connected with it; or to join the defendant, and with him to oppose the claim of the plaintiff, which it is his interest to defeat. Pothier, Proc. Civ. lere part, ch. 2, s. 6, § 3.

In English Ecclesiastical Law. The pro ceeding of a third person, who, not being originally a party to the suit or proceeding, but claiming an interest in the subject-mat ter in dispute, in order the better to protect such interest, interposes his claim. 2 Chitty, Pr. 492; 2 Hagg. Cons. 137; 3 Phill. Eccl. 586; Dunlop, Adm. Pr. 74. The intervenor may come in at any stage of the cause, and even after judgment, if an appeal can be al lowed on such judgment; 2 Hagg. Cons. 137.

Intervention is allowed in certain cases, especially in suits for divorce and nullity of marriage, by 23 c. 144, and 36 & 37 Viet. c. 31, where it is usual for the queen's proctor to intervene, where collusion is suspected.

Intervention in the possession and admin istration of the property of an alien dying in the United States, as used in a treaty, is defined in Rocca v. Thompson, 223 U. S. 317, 32 Sup. Ct. 207, 56 L. Ed. 453, quoting from this title at length.

See AMICUS CURLS; EXEC1TTORS AND AD MINISTRATORS. .

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