Worcester morning daily spy., 1898-02-20
THE WAY SM00THED
Spain Regards Names Anchor
age Ground as Extra Territorial.
sIesBEE FREE TO ACT.
Spanish at Liberty to Conduct
Examination at Same Time.
Government Officials Explain That the
Activity in Fortilcations Has No spe-
eial Significance Planned
Long Ago.

Washington, Feb. 19-The apparent
difficulty attending the sending down of
divers to the Maine was relieved, if not
entirely removed. by a statement today
by Sen1r du Bose, charge d'affaires of
the Spanish legation, that complete
and harmonious understanding between
Captain sigsbee and the authorities at
Havana had been reached on the matter
Of divers and that the Spanish authors
ties viewed the Maine as extra territory
that is part of the sovereign territory
of the United States, the same as a
United States legation.
In a foreign territory, according to the
view taken by the Spanish authorities,
there can. be no trouble attending the
work of the divers. Captain Sigsbee will
he recognized as the one to direct opera
tons and to send down the government
divers for such inspection as he sees
proper to make.
Senior du Bose feels assured, however,
that Captain Sigsbee will extend equal
facilities to the Spanish divers, so that
the inspections may proceed together.
AS to what divers Captain Sigsbee will
employ, the feeling among Spanish
officials here is that this will be wholly
a matter of discretion with Captain
sigsbee, as the one in charge of a piece
of property having the attributes of
American soil.
Secretary Long and Mr. Day consulted
this morning with President Mckinley
over a cablegram from Gen. Lee, asking
that the Spanish people be allowed to
Join with our people in making an in
vestigation on the hull of the Maine.
Their decision was to permit concur
rent Investigations CT the cause of the
Maine disaster, the United States max
ing an independent inquiry, through the
naval court of inquiry already appoint
ed. while allowing the Spanish author
tiles to make such investigation as they
desire. This arrangement commended
itself to naval men as alike fair to all,
and at the same time as calculated to
develop the exact facts in manner
IIlaI COulQ IlOI .Ue quGSllOllShs
missioners.
Secretary Long telegraphed to Admiral
sicard later, telling him briefly what
answer had been returned to Gen. Lees
application on behalf of the Spanish
government. He also instructed the
admiral to press forward as rapidly as
possible the work of survey upon the
Names hull, and to have the court of
inquiry proceed to Havana as soon as
possible.
The view taken by the Spanish au-
thorities that the wreck Of the Maine
is extra territorial, and part of the
sovereign soil OF the United States,
promises to establish an important prec-
edent in international law. The au-
thorities agree that a warship while
afioat retains the territorial status of
its government, even when in foreign
waters. But the writers do not discuss
cases analogous TO that OF the Maine,
wherein the home sovereignty of the
ship is retained after she becomes
wreck Wolsely's international law
says that warships are, as it were, float
ing barracks, part of the pubic or
ganism, and represent the national dig
nifty, and on this account, even in for
eign waters, are exempt from local jul
risdiction. 1t is on account Of the crew.
rather than the ship itself, that it has
any territorial quality, Take the crew
away, and let the abandoned hull be
met at sea, and it now becomes public
property and nothing more
The Geneva court of arbitration held
that the extra territorial character of
a war ship was not an absolute right
of International law. but was a custom
of courtesy and universal acceptance.
The custom is observed hy all nations
and has come to be. jealousy protected.
But it's usual application has been to
ships afoat, pursuing their usual mis-
sion as naval representatives of gov
ernment.
The U. S. frigate Constitution
went ashore in 1879 at Swansea, on the
Welsh coast, while bringing from the
Paris exposition some of the govern
ment's exhibit. Local wreckers got her
off. and then libeled her for pay. The
United States government insisted that
t,he warship was extra territorial, and
not under the local jurisdiction. The
British government sustained this view.
The application of this doctrine to the
wreck of the Maine is felt to be impor-
tant not only in its influence in giving
cant Sigsbee control of all wrecking
orerations. but also in giving to the
work the character of a transaction on
American territory
The first dispatch that came today
relative, to the disaster, was one from
Admiral Sicard dated at Key West last
night. Speaking of the assembling of the
court Of inquiry The message was as
follows:
,Secretarx of the navy: l'ache sailed
frNy11 KEY West for Havana with the
divers and stores for the Maine. The
Iowa comes to Key West on the 18th,
and the Sampson court of inquiry on
fine Maine assemblies on the arrival
here OF Mark The Massachusetts and
indiana are at Tortugas Fifteen Off
GERS and A. men from the Maine have