The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-27
SPANS RESPONSIBILITY.
As BOUND TO PROTECT DUN WAR
SHIP As our MINISTER,

Nest Fay an nnasusnity ir the ship war
Biown Up from witheut, NO Matter Hew-
nat while . Heutrui Natisn Wight step at
That Conclusion we RHiEht Ne Les Patient.
II It shall be determined that the Maine was
blown up by design, spain's responsibility for
tho terrible disaster is a question that must be
settled. This question has now become one Of
groat interest TO all authorities on international
law. One OF these authorities Is an army officer
now In New York. For many years ho has been
recognised as q high authority on both interna-
tional and military law. He has been attached
10 the legal branch Of the War Department for
years, and q part Of tho time ho was an ~instruo-
tor in international aw. In conversation with
q reporter Of THE SUN yesterday afternoon he
said:
have noticed recently In the Evening Post
that Mr.. Frederic r. Coudert has boon discuss
Ing the question OF SPANS responsibility for
the loss OF the Maine. should the Board Of In
quiry report that tho battloship was not do
stroyed through accident. Mr.. Coudert has,
Of course. discussed the question from tho
standpoint Of q lawyer familiar with tho
fine points and precedents of intornational
law. Few mon are moro competent to
discuss the question from that standpoint. I
wish. though. that I could agree with all his con.
illusions as readily as I do with an editorial on
the Same subject that appeared in to-day's
Army and Navy Journal. That editorial 10
tho best thing on the subject I have seen. 1t
takes up the question of extra torritoriality,
which 1 have not seen touched on elsewhere.
This. to my mind, 10 tho meat and all tho milk
In the cocoanut."
The article referred to 10 printed elsewhere in
TIE SUN.
Continuing, tho officer said: Tho contention
that q ship Of war in q foreign harbor 10 enti-
flrf m fha ma ,a rrtrt1.-n. .-l .ki-
are accorded to a diplomatic representative and
to his domicile is basod upon sound conclusions.
1t Is a fiction of international law that the koel
Of a ship and all that rests upon that keel Is
out OF tho territory OF the foreign Government
having jurisdiction over the waters in which
the ship rests.
1.-THE anchorage Of the Maine was designated
by the Captain Of the Port of Havana. We have
no accurate knowledge that Havana harbor
S TGs mined a. w see that the I Q Spanish os Charge
clear to me how he knows whether there were
some one in authority knew it. The Captain.
General OF Cuba. for instance, must have known
anchored. Knowing that, he knew whether
there were mines or torpedoes or other explo-
siyes underneath our ship.
knowing 80 much, it was his business, or
the business or somebody in authority in Ha-
tional law to safeguard the American battle
ship. In other words. those in authority in Ha-
vana should have exercised as much care In
she carried as tho authorities in Madrid have
exercised more than once in protecting the life
should have exercised as much care as any ma
tion exercises in protecting the lives and domi-
Giles OF the foreign diplomats accredited to that
"A case In point is that of the Spanish cruiser
Our Government knew the responsibility which
rested upon us for protecting the cruiser. A
Bsss' r tho liberal iae T" rules ' of th eer po wss Of e Se1 SoeS
more liberal than those in force in the ports OF
foreign countries, the vizcayn was permitted TO
out OF the channel. That fact, However, did
not, according 70 the precedcnts and teachings |
sibility of exercising due diligence in protect |
ing her. Gen. Woodford had tho privilege of
The Spanish Government was not, on that ac.
count. relieved or tho responsibility Of protect
Bear in mind thltImake no charges against
a aestr pne: I of Of n 1hs sMfafmpt III Il f ssys mt 6 dGE ine
ability have been ,desienStsd 10 det His"HSe
both must be ready to act when these conciu-
sponsibility for the acts, II it shall have been
however. that a Spanish official
that might be equivalent to an act Of war.
Whether It would or not would depend en-
tircly upon inc. position occupied by that Off
cial. II it should be found. for instance, that
Gen; Blanco caused the explosion. it would GER
tainly be considered an act of war. II nm officer
or officers high in authority under him caused
the explosion, it would probably be considered
an act OF war. III, on the other hand, an under
officer or q private or some one serving the
Spanish Government in n clerical capacity
touched off a mine or torpedo under the Maine,
the act could not be considered an act of war.
could it be considered on net Of war if
some one not connected in any way with the
Government, but knowing OF the mine,
it off.
IF the explosion cannot be determined to be
nn act of war. then. OF course. the question OF
indemnity arises. SO far as that goes, Spain
must pay an indemnity, if tho explosion oc-
1t. Before the question OF indemnity
could be settled. though, the testimony OF tho
divers would have to be carefully considered.
Then. when the remains OF the ship are raised,
experts in explosives. possibly OF n neutral mn.
ton or nations, would have to be C.. lied in to ny-
anime those remains. and their testimony would
have to be carefully considered.
III IL should be established, however, that the
Maine was blown up by design. | doubt II our
people would he In a mood to consider the ques-
What war sentiment there is has been manufac.
tured by sensational newspapers for the sole
OF increasing their circulation. This
continent will cool down. But. il tho Board OF
Inquiry, should report to The President that
Of Havana which destroyed our battleship and
our sailors. then / doubt II anything
co Id restrain the wrath OF our people.
Speak to them OF indemnity and their rage
would only be increased. Such a report would
What would you say to the friends Of a man
who offered you money as satisfaction for the
honor OF your sister which that man had VIC