The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-20

at Havana had been reached on the matter
of divers, and that the Spanish authorities
viewed the Maine as ext,aterritorie THAT
is, part of the sovereign territory of the
United States, the same as a United States
legation situated in foreign territory. With
the Maine holding it's status as extraterrito-
rial, all doubts as to the work on the wreck
are removed. The waters of Havana harbor
are. of course, Spanish territory, and some
confusion had been aroused by the idea that
this Jurisdiction over the waters attached
also to the wreck in it's present helpless
condition at the bottom of the bay. 1t ap-
pears. however that there is no disposition
to extend this jurisdiction to the ship and
that the Spanish authorities freely assent
to the Names being reagarded as extrater-
ritorial. and under the immediate direction
of Captain Sigsbee as the representative of
the United States
According to the view taken by the Span
ish authorities, there can be no trouble at
tending the work of the divers Captain
Sigsbee will be recognized as the one to di-
rect operations and to send down the gov
ernment divers for such inspection as he
sees proper to make. Mr.. Du Bose feels
assured, however that Captain Sigsbee will
extend equal facilities to the Spanish divers,
so that the inspections may proceed to-
CafN hot
will employ the feeling among the Span
ish officials here is that this will be wholly
a matter of discretion with Captain Sigs-
bee as the one in charge of piece of prop
erty having the attributes of American
soil. But at the same time the feeling is
expressed that this discretion will lead to
the choice of authorized divers of the Navy
Department, rather than those representing
newspapers.
AN IMPORTANT PRECEDENT.
The view taken bw the Spanish authori-
ties, that the wreck of the Maine is extra
territorial and part of the sovereign soil
of the United States, promises to establish
an important precedent in international
law. The authorities agree that war ship
while afioat, retains the territorial status of
its own 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 a wreck. VOL
sey's international law says that war ships
are, as 1t were floating barracks, part of
the public organism, and represents the ma
tional dignity, and on this account, even in
foreign waters, are exempt from local juris-
diction. 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 hulk 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 in
ternational law, but was a custom of
courtesy and universal acceptance. The
custom is observed by all nations and has
come to be jealously protected. But its
usual application has been to ships afloat,
pursuing their usual mission as naval rep.
resentatives of governments
A case somewhat resembling that of the
Maine is mentioned in Halls international
law. In that case the United States frigate
Constitution went ashore in 1879 at Swanage,
on the Welsh coast, while bringing from the
Paris exposition some of the government S
exhibits. Local wreckers got her off and
then lbeled her for pay. The United States
| government insisted that the war ship was
extra-territorial and not under the local
| jurisdiction. The British government sus-
tanned this view, The application of this
doctrine to the wreck of the Maine is felt
| to be important not only irf It's influence
| in giving Captain Sigsbee control of all
wrecking operations, but also in giving to
| the work the character of a transaction on
American territory.
The decision of the government to allow
concurrent Investigations of the cause of
the Maine disaster, for its own part making
an Independent inquiry through the naval
court of inquiry already appointed, while
permitting the Spanish authorities to make
such investigation as they desire, is an ar
rangement that commends itself to naval
men as alike fair to ALL and at the same
time as calculated to develop the exact
facts in a manner that could not be ques-
| toned.
Secretary Long has given orders that,
with the expiration OF tnlS day, there need
| be observed no longer the order to all ships
and commands to display the national col
ors at half mast.
| Orders have been issued for the enlist
ment of 300 men for the navy to fill the
vacancies caused by the destruction of the
battle ship Maine and to complete the legal
| quota. The new men will be sent to receiv-
ing ships. from where they will be sent to
chi IN ciO Tyb
Commander in Chief Street, of the Union
Veterans Union, has offered to the Presi-
dent the service of 10,OO0 men of the Union
for the defense Of the country. They could
be ready for action in forty-eight hours.
COURT OF INQUIRY.
Naval officers Will Begin Examina-
tion of witnesses ON Monday.