New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-25
WRECKERS NATIONAL VESSELS.
N IMPORTANT FEATURE OF THE MAINE SAL

t'' WAGE CONTRACT.
Washington. Feb. "a (SpeciaD.-The publlca-
tlon exclusively in The Tribune to-day OF the
salvage contract executed yesterday gave an OPP
portunty for naval officers outside the Judge
Advocate Generals office to learn the exact
terms under which this important work IN Ha-
vana is TO be prosecuted. and led 10 the dis
covery OF a clause In the instrument which not
only indicates the exceeding care with which It
was drawn, but which is said to mark distinct
advance by the United States constituting a
precedent in the broad principle OF International
law governing the case Of the Maine. This
clause which is calculated TO excite the at
tention OF jursts all over the world. is as fol-
lows:
The party OF the second part rhe United States
tractors against Interference or Interruption in
the progress Of the work. and will reimburse to
them any port charges paid at Havana.
The assumption OF this responsibility of guar
anteeing the contractors is defended by the
legal advisers OF the Navy Department as alb
solutely essential 10 the free and unmoested
efforts OF this Government TO save National
property from destruction or appropriation by
the local authorities OF the harbor in which the
vessel lies. According to Alexander Porter
Morse. the distinguished Washington interna-
lutte Jurisdiction over Havana Harbor. but the
Maine when ahoat was constructively American
soil. and the laws OF the United States alone
affected her.
This complete exemption from Spanish au-
thorty. according to the principle OF in
ternatonal law. extended for a certain distance
outside the ship, and OF sufficient area for
her own protection. This area Of naval do
minion" is limited by the extent TO which the
small boats Of the ship are held by the boom
when they are idle or by the extent OF torpedo
nets, which may be thrown out to defend the
vessel. This principle related to National ships
anoat until last Saturday when the United
States. with SPANS passive acquescence. broad
ened Il 10 apply 10 sunken vessel.
Captain Sgsbee, the very night OF the ex-
plosion requested Admiral Manterola, in charge
OF the port Of Havana, 10 set a guard around
the ship. and this was Immediately done the
line Of prohibition being established 100 metres
distant from the wreck.
The clause in the contract which practically
puts vessels employed by the United States in
the category Of National vessels and binds the
United States To cause them TO be respected as
SUCH might be cOntroverted by a powerful ma
ton under dissimilar circumstances from those
at present existing in Havana 1t IS pointed
out that the necessity for all the vessels Of the
contractors to display the American flag con-
tinually is imperative, II their rights are 10 be
readily and at all times recognized. and that a
disregard Of this precauton would probably alb
solve Spain legally from any failure of its local
authority 70 recognize the status Of extra. ter
ritoralty demanded for them In so small n
harbor as that OF Havana 1t is foreseen that the
great number of American vessels engaged in
the investigation viii be apt to embarrass the
Spanish Government seriously in the free use of
its own property. and this feature may serve 10
produce further embarrassment there.