Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-04-13

tions of the United States with that gov
ernment. Your committee have also before
them several Senate resolutions, which
mahI it their duty to consider all our rela-
tions with Spain for the last three years,
including the destruction of the Maine. as
one of the incidents Of the history of the
war which during that time has devastated
the Island of Cuba.
So clearly is the destruction of the Maine
Only a single incident in the relations of
this government with Spain that if that
calamity had never happened the questions
between the United States and that gov
ernment would press for immediate solu-
ton.
Criminal Action of Spain.
1t is the opinion of your committee. hav-
ing considered the testimony submitted to
the board of inquiry, in connection with
further testimony taken by the comr ittee
and with the relevant and established facts
presented by the events of the last three
years, that the destruction of the Maine
was compassed either by the official act of
the Spanish authorities or was made possi-
BILE by a negligence on their part so willing
and gross as to be equivalent in culpabiiity
to positive criminal action.
The status of the Maine while in the
harbor of Havana and the duty of Spain
toward her are defined in the opinion of
Chief Justice Marshall IN Schooner Ex-
change VS.. McFaddeH, Cranch, 116, LII:
IF there be no prohibition, the ports OF a
friendly nation considered as open
10 the public ships Of all powers with
whom it is at peace, and they are sup
posed to enter such ports and remain IN
them, while they are allowed to remain,
Ger the protection of the government OF
the place
1t Is not contended ttat this duty of pro-
lection to which the public ship Is thus
tilted while allowed To remain in port
of friendly nation imposes the obllSa-
ton of absolute guaranty of her safety.
But it is insisted that the existence OF the
duty creates the obligation to use due dill
gepce in it's performance. When property
and life are destroyed by an act which
the exercise OF due diligence by the person
whose duty it is to use 1t could have pre-
vented, the happening of such an event
is sufficient proof that such diligence was
not employed.
The system of civil and military police
and espionage in Havana is all-pervading
10 an extent probably unequaled in any
city in the world. 1t is not pretended that
any employment was made as regards the
safety of the Maine Of this instrumentaliry
for the detection or prevention of any at
tempt against her by private persons.
1t is established that the Maine was de-
stroyed by the explosion of a submarine
mine in position under her in a Spanish
harbor, at a place where she had been
roored to buoy by the express direction
and guidance of the Spanish authorities.
Explosive contrivances of this character
are almost exclusively government agen-
cies of warfare. There is no operation
of a pacific character for which they can
be employed excepting the removal of
wrecks or of harbor obstructions. They
are not to be had in any place of private
sale. Their destructive contents except
ing perhaps, gunpowder, which undoubt-
edly was not employed in this instance,
cannot be easily obtained and are not
easily made. The entire contrivance is a
mechanism of somewhat complicated
character, not generally understood except
by special manufacturers or by military
or naval officers who have been instructed
how to operate it.
Such mines, when sunk in harbors, are
almost invariably discharged by an elec-
trio current conducted over wire leading
from the engine of destruction to some
housed, guarded and attended by trained
operators. They now placed,
made ready to be placed, in all importan:
hsrbors; it may fairly be presumed that
they had been placed in the harbor of Ha-
vana the history of the last three years
being considered.
In complaisance to Spanish aversion no
public vessel of the United States had
visited that port during that period The
coming of the Maine had been announced
to the Spanish authorities, and the military
and naval portion of these did not receive
her with the cordiaity which such visits
usually produce. Many of them expressed
resentment at her presence Certain news
papers in Madrid and Havana commented
upon her visit in hostile terms.
There was, especially in Havana, among
the officials who had been adherents of
Weyler, and who resented his recall. an
expressed hatred of the United States The
time of tbs explosion must have been cal
culated for the moment when the Maine
should swing within the destructive radius
OF the mine.
The report of the Spanish board of in
quiry, sedulously promulgated in advance
of that of the board of the United States,
finding, after hurried and most superficial
investigation, that the catastrophe was
from an internal and not from an external
cause, was manifestly false, and was in
tended to induce public opinion to pre-
judge the question.
The duphcity, perfidy and cruelty of the
Spanish chars cter they always have
been, are demonstrate still to continue by
their manifestations during the present
war in Cuba. All these circumstances con-
sidered cumulatively. together with other
considerations which will exactly accord
with and add force to them. undenied and
unexplained as they are by any authority
excepting the baseless report of the Span
ish board of inquiry, warrant the conclu-
sion stated hereinbefore that the destruc-
tion Of the Maine was compassed either by
the official act of the Spanish authorities
(snd the ascertainment of the particular
person is not n nGteriaD, or was made pos
sible by a negligence on their part so will
ing and gross as to be equivalent in cul-
rability tc positive criminal action. q
Independence and Intervention.
Upon due consideration of all the rele-
want facts of the relations of this govern
ment with Spain including the destruction
Of the Maine. and Of the history of the re-