New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-20


AN INQUIRY OF THEIR OWN
PLANS FOR RAISING
THE RATTLE SHIP.
rpY TELEGRAPH TO THE rRIBuNE1
Washington. Feb 1o-The Administration
succeeded to-day IN smoothing out without ap-
parent friction the minor difficulties raised yes
terday I'm Havana as 10 the policing Of the
wrecked battle-ship Maine and the controi OF
the work Of salvage and Investigation now oe-
ing undertaken by the divers sent to captain
Siesbee by the Navy Departments orders. The
Spanish Government last night made known 10
the State Department its desire to conduct
joint investigation through divers of Its own
into the condition OF the hull Of the sunken
Maine. The Spanish authorities did not WISH
apparently. to take part in the preliminary work
OF recovering the bodies imprisoned in the wreck
or Of saving the personal effects OF the Names
officers and men.
The request was made. however, In diplo-
matte language for a joint examination on the
part Of the two governments into the causes
Of last Tuesdays disaster. After considering
the message from Havana the President and
his advisers determined 10 adhere to their orig
nal decision to confde the investigation. so far
as this Government Is concerned to the Naval
Board Of Inquiry appointed two days ago. A
courteous note embodying this conclusion was
dispatched to Consul General Lee. and the in
formation was added that this Government
would be glad 10 offer the Spanish officials every
facility In making a separate investigation of
their own.
The request reached the State Department
last night in the following message from Con-
sul-General Lee
Havana. February 1S
Assistant Secretary Day, Washington
Sgsbee begins tomorrow with divers sent
him from the United States to recover all bodies
still left in wreck of Maine. as we'll as personal
effects Of officers and men, and whatever else
can be obtained that way. After that IL COM
peted the Spanish Government would like to
unite with ours in having bottom Of ship -. and
harbor in vicinity Jointly examined. LEE
The following is the answer sent
Washington. Feb. 49,
Lee. Consul-General, Havana:
The Government Of the United States has al
ready begun an Investigation as to the causes
of tho disaster 10 tho Maine through officers
Of the Navy specially appointed for that pur-
pose. which will proceed Independently. This
Government will afford every facility 1t can to
the Spanish authorities in whatever investiSa-
tion they may see fit to make upon their part
DAY, Assistant Secretary
THE WRECK AMERICAN TERRITORY.
The announcement was also made during the
day through Sehor Du Bose, the Spanish Charge
d'Affaires here. that Spain would view the
sunken wreck as United States territory, and
grant the two representatives OF the United
Ststes in Havana. Consul General Lee and Cap
/ ,a.i Sgsbee. sole Jurisdiction over the hulk
OF the battle e-shp The waters OF the haroor
remain, of course. under Spanish police control.
but the wreck itself is to be invested with all
the privileges and exemptions which attach 10
legations and 'consulates in foreign countries.
To-days developments, IL Is therefore hoped,
will end all friction at Havana over questions
Of access to the Maine and Of control Of the
work of inspecting her hull with view TO
certaining the causes Of Tuesday nights ex-
ploson.
SETTING AN IMPORTANT PRECEDENT.
The view taken by the Spanish authorities
that the wreck of the Maine is extra-territorial
and a part Of the sovereign soil Of the United
States promises to establish an important prece-
dent in international law. The authorities agree
that a warship. while afoat. retains the terri
torial status Of its own Government. even when
in foreign waters But the writer's do not dis
cuss cases analogous to that Of the Maine.
wherein the home sovereignty of the ship is re-
talned after she becomes a wreck Wolsey's
work on international law says that warships
are. as 1t were. floating barracks. a part Of the
public organism, and represents the national dig
nifty: and this account even In foreign
waters. are exempt from local jurisdiction. II
ls on account of the crew. rather than the ship
itself that 1t has any territorial quality Take
the crew away. and let the abandoned hulk be
met al sea and 1t now becomes public property
and nothing more"
The Geneva Court Of Arbitration held that the
xtra-territoral character of a warshp was
III ~ frta o1 lou ht,t
was a custom Of courtesy and universal accept
ance The custom is observed by all nations.
and has come to be ieaously protected. But
it's usual application has been to ships aioat.
pursuing their usual mission as naval repre-
sentatives OF governments.
A case somewhat resembling that Of the Maine
4. mentioned in Halls International Law"
In that case the United States frigate Const-
tuition went ashore in 1879 al Swanage. on the
Welsh coast. while bringing from the Paris Ex-
position Of the Governments exhibit.
Local wreckers got her off and then libelled her
for pay The United States Government insist
ed that the warship extra territorial and
not under local Jurisdiction. The British Gov
ernment sustained this view.
wRECKERs TO SAIL TONIGHT
The Navy Department failed to-day to exc
cute contract with the two great wrecknR
firms which will undertake 10 raise the Maine.
but Secretary Long has decided to take the
matter directly into his hands to-mor-
row morning and complete the arrar gements in
order that the wreckng vessels may start for
Havana by Sunday night. leaving the formal
papers for signature Monday. The unfortunate
delay to-day is attributed by the great wreck
ing companies to a multiplicity Of har-splitting
technicalities raised by the legal officers Of the
Government over essentials Of the contract
which the wreckers contend must necessarily
be made elastic with the meagre inform alton at
hand to estimate upon. In the Judge Advocate