The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-28
What Would Be Contributory Negli-
genCe?

>AS'
Assuming for the sake OF argument that
the Naval Board of Inquiry will show that
the Maine was blown up by a submarine
mine or by n torpedo, let us inquire under
what circumstances and to what extent the
Spanish Government can be held respon.
sible for the injury inflicted. There seems
to be no precedent for the disaster; never.
theless, it should not be difficult to answer
the question by applying the principles of
international law.
There is no doubt that a ship of war,
when lying in a friendly harbor, is entitled
to the same kind and degree of protection
which the house of an Ambassador and it's
inmates would receive in the country to
which he is accredited. The duty of afford.
ing protection Is even intensified in the case
Of a battleship, when, instead Of being
permitted to choose her anchorage, she is
ordered to anchor at a particular spot. II
the spot is known to be contiguous to sub
marine explosives, the case presented to
international lawyers is precisely similar
to that of an Ambassador who, instead of
being suffered to choose his residence,
should be constrained to occupy n dwelling
which was mined. 1t Is obvious thai such
a state of things would impose the duty of
extraordinary vigilance upon the Govern
mcnt by whose direction an Ambassador
had been exposed to peril.
To determine the extent Of the Spanish
Governments responsibility for the de-
struction of the Maine, more than one ques.
tion of fact has to be answered. 1t is not
enough to prove that the loss of the vessel
was dine IN "a aubtnaripa wilma - . tornoJo
for, although the proof that such an agency
was employed would, beyond u doubt, make
the Spanish Government, as being respon.
siblc for the acts of it's subjects, liable for
the actual damages incurred, 1t would not,
taken by itself, furnish a claim for puni.
tive. damages. much less compel a resort to
war. We should still have to ask, Was
the mine or torpedo in stu at the time
when the vessel was ordered to moor at
a designated spoti Was the Spanish
Government, represented by Governor.
General BLASCo and his superior officers.
aware of the existence of the submarine
explosive, and Of it's proximity to the
Maine? II both these questions are an
swercd in the affirmative, it is evident that
due diligence required the Spanish Govern
ment to protect its guests from the possible
hostile act Of a subordinate by cutting or
disconnectinR the wires leading to the ex.
plosives from the shore. This duty was
immensely emphasized both because the
Maine had been ordered to moor at a mar.
ticular point, and because u large proper.
ton of the Spanish military and naval off.
GERS in Havana were known to be fierce.
ly inimical to the United States, and of
warp doubt FIJI JoraIty 20 roro-,o. ---
BLANCo and his Autonomist Cabinet.
No man in his senses can imagine that
Governor,General BLANCo or any member
of his staff ordered the blowing up of the
Maine or ~connived at it. Such an act, il
brought home to the chief representatives
Of Spain in Cuba, would be. of course, an
act of war, and would have to be met with
war. There would be no case for punitive
damages nothing but war would answer
the conditions. 1t may be, however, that
SPANS principal representatives at Havana.
while not chargeable as accomplices, should
be deemed guilty of grave contributory
negligence through their failure to put IL
out OF the power of q malicious or dis.
affected subordinate to explode the mine
or torpedo which wrecked the Maine. In
that event, Spain should expect to receive
from the United states a demand, first. for
the detection and punishment of the indi.
vidual offender, and of his accomplices,
should any be discovered; and, secondly,
for the payment not only Of actual but of
punitive damages.
These punitive damages should be large,
If it shall appear that the Maine and her
crew could have been saved by the simple
precaution of "disconnecting the wires lead.
ing from the shore to the submarine eX.
plusives. There is. we ought to bear in
mind, Il degree of negligence so gross as 10
constitute criminal iachcs, and naval of.
%iiccrs, when found guilty Of 1t by court.
martial, have been shot.
To sum up: Even though the authors of
the explosion should remain undiscovered,
and no proof shouId be forthcoming that
the explosives were fired from the shore, |