The Portland daily press., 1898-03-12
CAN'T BE ARBlTRATED.
Secretary of Cuban Junta Tells Us Maine
Trouble Shouldn't Be Settled in That
Way.

New York, March 11.-Horatio S.
Rubens, consul to the Cuban Junta in
this city, in an interview today said
"The suggestion printed in certain papers
that If our naval board of inquiry should
report that the destruction of the Maine
was due to external causes and if the
Spanish court OF naval inquiry should re-
port in favor of the accident theory, the
decision would have to be arrived at by
submitting the question to an Inter
national board of inquiry, must have
been made without due consideration OF
the subject .
In the first place it would cast an asper-
sion on our naval experts. The history OF
American experience with courts of arb1-
| tration and claims, except, perhaps, that
| of the Geneva tribunal, has not been such
| as to urge US to submit to arbitration. At
| ali events the submission of the contro-
yersy would necessitate treaty or con-
yention for which purpose the consent of
the United States Senate would be neces-
sary. The rejection by the present Senate
of the proposed arbitration treaty with
| England would tend TO show the impossi-
biIity of any such treaty or convention.
disaster differs materially in character
from the claims usually submitted to
arbitration. This is not question so
much of the material or financial loss, as
it is of the principle of international re-
sponsibility for the safety of national
property, and of the lives Of government
officers.
"The question of national honor is
largely involved in this matter, and il is
improbable that any nation will ever sub
nit to arbitration on such a subject
"Under the rules of international law a
man of war or other national vessel en-
joys extraordinary privileges closely allied
to those allowed to ministers or ambassa-
dors.
"All nations are held responsible for
the safety of our diplomatio representa-
tives and our national property. In such
cases as that of the Maine disaster the
government in whose territory the dam
age occurs is priIna facie responsible and
the burden of proof rests upon it to show
that it used due diligence to prevent such
an occurrence. The question of what is
due depends on the surrounding circum
stances and conditions.
"The evidence supposed to have been
taken by the naval court Of nqutry con-
cerning the threats which had been made
in Cuba of the destruction of the Maine,
and OF bodily injury to American citizens
generally, and the officers and crew on
the Maine in particular, are material to
the question of the determination of the
measure of due diligence to be employed
by Spain in view Of the surrounding con-
ditions. Ordinary precautions would not
have been sufficient under the olrcum-
stances.
"To sum up, If the court of inquiry re-
ports that the destruction of theAMaine
was due to external cause, Spain Is prime
facie responsible. Inasmuch as sufficient
quantity of explosives could not have
been obtained by private parties without
the knowledge or consent of some Spanish
officer, her responsibility is greater than
if the act were that of an ordinary sub
Ject. Because of surrounding circum-
stances she should have exercised the
highest degree of care in providing for the
security of the Maine In view of the law
and facts in the case, the arbitration of
the character suggested is clearly out of
place."